The Health Care "Reform" Bill is Unconstitutional - Here's Why

Preamble to the United States ConstitutionImage by coolgates via Flickr
It's truly amazing how far a pocket constitution and some Google searches can get you nowadays. That's all I used to come up with this explanation of the unconstitutionality of the ridiculous "reform" bill currently making its way through Congress.

When Democrats got their 60 votes for cloture, passage of the "reform" bill seemed imminent. However, if the bill does pass, they have quite a few challenges coming their way. Click the "Read More" button below to discover just some of those challenges.

Unconstitutional Bribes:

But how did they get to the 60 votes they needed? Mostly by Back room bribes like when they offered Sen. Ben Nelson (D) millions in extra money for Nebraska's Medicaid fund. That in and of itself is unconstitutional. Here's why:

Article 1 Section 8 of the United States Constitution says: 
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States. [Emphasis Added]

When Harry Reid struck a deal with Nelson to take money from the other 49 states and give it to Nebraska he defied the Constitution because those duties, imposts or excises are NOT uniform. Heritage is reporting that the Attorneys General of Alabama, Colorado, Michigan, North Dakota, South Carolina, Texas and Washington state are investigating Ben Nelson's kickback to see if special treatment has been given to one state  at the expense of the others.

 Mandates Not in Congress' Enumerated Powers:

Also in Section 8 of the Constitution is the list of enumerated powers Congress holds, none of which include health care mandates or anything related to it.

Former Chief Justice John Marshall stated, so America would hopefully never forget,: “The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the constitution is written."

But there's more. When the Constitution was ratified, James Madison proposed 10 amendments to pacify those who supported states' rights.  Among them, was the tenth amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
 So, if anything "universal health care," "public options" and "health care reform" should be up to the respective states if the are even permissive under the state constitutions.

Violation of the 5th Amendment:

The fifth amendment states: 
“No person shall … be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
By requiring citizens to spend their property (their money) they are being deprived of something that is rightfully theirs. Government cannot come into your home, steal your wallet, take out enough money for health care premiums and go out and spend it for you, so why can they do it this way?

In Conclusion:

If or when this monstrosity of a health care "reform" bill passes it will likely be on a party line vote. When we the people bring up not only the constitutionality of the bill but the cost, the vast expansion of government and the heretofore unheard of encroachment of individual liberty, those who voted to pass it will probably wish they hadn't.
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