Does mandating health care violate constitution dating agencies large people
That was clearly an unconstitutional portion of the law, so instead of striking it, the Court re-wrote it, allowing states to opt out of expansion while keeping their current Federal subsidy.
The Court "fixed" the provision to make it Constitutional.
And how do you allow thousands of exemptions and special privileges for almost two million Americans who do not have to participate in Obamacare and reconcile that special treatment with equal protection of law for the other 299 million or more? (10) The SCOTUS has defined the Obamacare penalty as a tax.
As an article in The American Thinker so succinctly phrases it, The legislation is a disgusting and tyrannical seizure of liberty from private business and the American individual. Those liberties are prescribed in, and to some extent protected by, the U. The following two cases are examples of corporate challenges currently winding their way through the court system . (9) Section 1 of The 14th Amendment to the Constitution says in part "nor shall any State deprive any person of life, liberty, of property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Some proponents of federal health care have argued that every citizen must be treated equally, and the current health care system is an example of gross inequality that runs contrary to principles of the 14th Amendment.
Yet generations of progressives have bastardized the Constitution to suit their own ideological agenda, and as such, many Americans have forgotten the very core principles upon which our nation was founded.
Obama declared the senate in recess, and made several appointments without its advice and consent.
He was the primary author of the opinion that eventually became the minority opinion. Second, Roberts is too intelligent to believe the now it's a tax now it's not a tax sophistry that is in the majority opinion.
Then very late in the process Roberts abruptly switched and supported the constitutionality of the law. Even supporters of the majority opinion described it as depending on twisted and contorted logic. (11) The presidents own tinkering with the law, issuing executive orders to change it, modify it to suit his will, are clearly unconstitutional in and of themselves.
District Court, 3rd Circuit, in Philadelphia, filed Dec. District Court, 10th Circuit, in Oklahoma City, filed Sept. The Constitution grants the federal government about thirty-five specific powers, eighteen in Article I, Section 8, and the rest scattered throughout the document. (7) The Federal governments attempts to strong-arm the states also infringes upon the rights of the states in the Enumerated powers clause.Senator Lee has written is succinctly: "He also changed the Medicaid expansion portion.The bill stated that if a state did not accept the new Medicaid expansion, it would forfeit all of it's existing Federal Medicaid payments, leaving the state to pay for everything that they had formerly shared with the Federal govt.