• Home page of novelist William S. Frankl, M.D.
  • About author William S. Frankl, M.D.
  • Books by novelist William S. Frankl, M.D.
  • Reviews of the writing of author William S. Frankl, M.D.
  • Blog of author William (Bill) S. Frankl, M.D.
  • Contact author William S. Frankl, M.D.
Title: Blog by Novelist William S. Frankl, MD

Why ObamaCare Can Be Held Unconstitutional

ObamaCare, requires every American to purchase health insurance or pay a fine.  The administration claims this unprecedented requirement is permitted by the Constitution’s Commerce Clause, which allows Congress “to regulate commerce…among the several states.”   Robert A. Levy, a distinguished legal scholar who chairs the Cato Institute board of directors, discussed the legitimacy of this legal interpretation in an article in Reason Magazine (“ObamaCare and the Constitution,” Reason Magazine, August-September 2010). He gave three reasons why the individual mandate should not pass constitutional review:

1.The Commerce Clause was never intended, and has never been used, to compel the purchase of a private product.  If Congress can force individuals to buy health insurance, then Congress can mandate the purchase of exercise equipment, diet foods, etc., etc., etc.,––––– extending the authority of the federal government over all manner of human conduct and nonconduct.

2. The penalty for violating the mandate is not a tax.  That means Congress’s power “to lay and collect taxes” does not apply.  To justify this mandate, Congress cited the commerce power but not the taxing power.

3. Even if the penalty is judged to be a tax, the Constitution does not authorize it.  The Supreme Court has held that Congress cannot use its taxing power as a backdoor means of regulating, unless the regulation is authorized elsewhere in the Constitution.  In this case, there is no other constitutional authorization.

For text: http://reason.com/archives/2010/06/17/obamacare-and-the-constitution

One Response to “Why ObamaCare Can Be Held Unconstitutional”

  1. DANIEL GARSHMAN Says:

    LET US PRAY THAT THE SUPREME COURT HAS THE WISDOM TO SEE THE CONSTITUTIONAL PROVISIONS AS SEEN BY MR. LEVY. IF THEY DO NOT DECLARE THOSE PROVISIONS OF “OBAMA CARE” UNCONSTITUTIONAL, THEN I FEAR WE NO LONGER WILL BE LIVING IN A COUNTRY WITH A CONSTITUTION AS PROVIDED BY THE CONSTITUTIONAL CONGRESS. ALAS, OUR COUNTRY WILL BE “FLUSHED DOWN THE DRAIN”.

    OBAMA

Leave a Reply


William S. Frankl, MD, All Rights Reserved