US Judge Rules ObamaCare Unconstitutional
A Florida federal judge, Justice Roger Vinson of the U.S. District Court in Pensacola, Florida ruled, 1/31/2011, that the thinking behind the 2700 page, $ 938 billion health reform bill passed last year – the individual mandate – is illegal. Right. You heard me – the entire Patient Protection and Affordable Care Act – ObamaCare unconstitutional. Typically, they put a severability clause in legislation so that if one part of the law is held to be unconstitutional the rest stands. Guess what! They didn’t put in that clause. Judge Roger Vinson bravely followed long standing precedent and case law in ruling ObamaCare unconstitutional.
Justice Vinson wrote, “Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications…”
There was a similar ruling by Judge Henry Hudson in Virgina last year and 26 states have joined in a suit seeking to overturn the bloated bill that would take 16 percent of the American economy and put it under historically inefficient governmental control.
Judge Henry Hudson in an earlier ruling had found that to force citizens to buy only government insurance and then fine them if they didn’t was actually a tax. President Obama has consistently maintained that it was not a tax. Liar!
The United States Constitution does not force someone to do something they were not already doing. “It would be a radical departure from existing case law to hold that Congress can limit inactivity under the Commerce Clause… Everyone must participate in the food market…under this logic, Congress could (mandate) that every adult purchase and consume wheat bread daily. If they didn’t buy wheat bread they might have a bad diet which would put a strain on the health care system,” Vinson writes.
Then he gave another analogy, “Congress could require that everyone above a certain income threshold buy a General Motors automobile – now partially government owned – because those who do not by GM cars (or those who buy foreign cars) are adversely impacting commerce and a taxpayer-subsidized business. The individual mandate exceeds Congress’ commerce power, as it is understood, defined and applied in the existing Supreme Court case law.”
U.S. Representative Cynthia Lummis (R-Wyoming) issued this, “A federal judge in Florida confirmed today what I have been hearing all over Wyoming – President Obama’s budget-busting health care law simply does not pass constitutional muster. The ObamaCare mandate, which is central to the President’s health care law, represents an unprecedented overreach that encroaches on the rights guaranteed to all Americans under the Constitution. Today’s ruling hit the bull’s-eye.”
Next step is for the case to go the Supreme Court where Justice Anthony Kennedy is the swing vote. This probably won’t happen in 2011 and the mandate element of this unconstitutional ObamaCare doesn’t kick in until 2014. There is still time for you to lobby against the Obama administration tyranny. President Obama has appointed two left leaning judges recently to the Supreme Court of our land.
What if you were a young person struggling to start a business and made the decision to not pay to join the unconstitutional ObamaCare because you needed every cent to keep it going? You would be fined plus have to pay the policy. Dark ages all over again! Is debtor prison next?
There is bound to be health care rationing in a deflation economy and Greater Depression. Reduced property, sales, income and capital gains tax revenues due to the downturn will hurt city, county and state government the most since they cannot print money. The U.S. government will, however, be stressed to the max in a depression three times as large and three times longer than the 1930’s depression. Plan on it! This will lead to long lines, long waits and denial of service because of age. The economic reality of deflation and the Greater Depression will cause governments at all levels to tighten their belts.
No matter how bad the deflation economy and Greater Depression gets we need to protect out Constitution from being further eroded by statist socialist subterfuge if we want any freedom and liberty at all. Free enterprise is the only system that works. President Obama policies of monetary stimulus, government regulation, increased taxes and bashing business will only make the Greater Depression worse. Government run Medicare and Medicaid are already projected to bankrupt our whole country as all the baby boomers retire, live longer and have health issues. Don’t let them do this ObamaCare unconstitutional dirty-work. Stop the government power-grab!
Copyright 2011 by Delwyn Lounsbury – THE DEFLATION GURU
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