Is ObamaCare constitutional?

[AztecWilliam]

The health care act will no doubt be reviewed, ultimately, by the SCOTUS. Will the Court rule, for the first time in history, that the U.S. government has the right to compel citizens to buy something from a private firm? If so, will such a ruling essentially mean that the government can compel citizens to do almost anything?

Regarding ObamaCare, we will see whether the SCOTUS will find some reasoning . . . any reasoning, no matter how tortured . . . to okay a law that is unprecedented in the way it expands the power of the federal government.

Here's a piece reporting on what one libertarian legal scholar thinks of ObamaCare's chances before the court. Author Barrett makes a number of noteworthy observations. Here are two. . .

Mr. Barnett speculates that this shoddy legislative work (referring to the process by which the ObamaCare legislation was written) resulted from the political timing—from the way in which Democrats pushed ObamaCare through over public opposition. He and others first made the argument that the individual mandate was unprecedented in December, the same month the Senate approved ObamaCare on a 60-40 party-line vote.

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Mr. Barnett doesn't think the justices will buy the tax-power argument. If they did, "from then on in, Congress could prohibit or mandate anything, as long as they limit themselves to a fine. Anything. It would be unlimited power in Congress."

online.wsj.com/article/SB10001424052748703467304575383702986874016.html?mod=WSJ_Opinion_LEADTop

AzWm

[The Great Aztec Joe]

Jul 24, 2010 14:29:36 GMT -8 AztecWilliam said:

The health care act will no doubt be reviewed, ultimately, by the SCOTUS. Will the Court rule, for the first time in history, that the U.S. government has the right to compel citizens to buy something from a private firm? ...........the individual mandate was unprecedented in December, the same month the Senate approved ObamaCare on a 60-40 party-line vote.


AzWm

We have our foot in the door. Thank heavens a full socialized medical program will follow in the coming months. Rejoice! Let us be Glad!

[aztecwin]

The Supreme Court might act first or maybe repeal and replace. I heard talk about just defunding ObamaCare after the mid-term election. Not sure how that would work.

[The Great Aztec Joe]

We have socialized medicine. It is here to stay. Once you got it, you can not get rid of it short of a civil war or a military putz followed by the implementation of a new constitution. I would be in full favor of a new Constitution if I were not a Born Again Liberal. As a BAL it frightens me.