John Bolton

John Bolton

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Monday, January 31, 2011

A Victory for Common Sense and the Constitution: Judge Declares ObamaCare Unconstitutional

There is nothing in the U.S. Constitution which allows government to FORCE people to buy health insurance!
"Regardless of how laudable its attempts may have been to accomplish these goals in passing the act, Congress must operate within the bounds established by the Constitution." Decision by U.S. District Judge Roger Vinson. Full decision here (PDF).
Grade school students, in reasonable schools, are taught that the U.S. Constitution is not a bill of rights for government power but restrictions on the power of government. Unfortunately, that basic interpretation was turned on it's head by Democrats when they passed ObamaCare with it's built in requirement that ALL citizens must have health care.

What is called the "Individual mandate" (something Obama said during the 2008 campaign he was against...OOPS!) is central to ObamaCare. Without it, the funny money funding scheme worked out by Democrats, which is already a joke, is completely unworkable. Get rid of the individual mandate and the bill is DEAD, DEAD, DEAD! And that's just what happened today. U.S. District Judge Roger Vinson ruled that the requirement for all Americans to buy health insurance violates the Constitution. And because Congress failed to put a severability clause which would enable the bill to remain in force even if one portion was ruled unconstitutional the entire bill is void.

In his ruling, the Judge cited Obama's own words:
“I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that, ‘If a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house,’” Judge Vinson wrote in a footnote toward the end of his 78-page ruling Monday.
The Washington Times story reporting this decision goes on to cite:

Much of Judge Vinson‘s ruling was a discussion of how the Founding Fathers, including James Madison and Thomas Jefferson, saw the limits on congressional power. Judge Vinson hypothesized that, under the Obama administration‘s legal theory, the government could mandate that all citizens eat broccoli.

White House officials said that sort of “surpassingly curious reading” called into question Judge Vinson‘s entire ruling.

“There’s something thoroughly odd and unconventional about the analysis,” said a White House official who briefed reporters late Monday afternoon, speaking on the condition of anonymity
Yes, using Obama's own words and applying the Constitution and common sense must be a difficult concept for Obama's White Hous staff to grasp. Perhaps someone can put a copy of U.S. Constitution for Dummies on the White House teleprompter!

Battle Lines Draw for Supreme Challenge

Soon, the action will move to the U.S. Supreme Court.
Full size image here.

Meanwhile, the Obama Administration, rather than appeal for a faster hearing from the Supreme Court, is stalling the matter while proceeding with implementation of the law. More proof that the Constitution is an impediment to their power which they intend to get around!

1 comment:

Mike said...

Yes it's a shame the politicians have that nasty Constitution to keep them from doing what is best for us. The only folks lamenting the judge's ruling is the big insurance companies, and their gov't lackies.

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