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5 Reasons Why Obamacare is in FACT Unconstitutional, Despite the SCOTUS Decision

brtndr 2012/06/29 17:32:30
obama

6/29/12


Now, you're probably saying to yourselves, "HEY, who is this guy to tell the lawmakers and the Supreme Court that they're wrong on the Constitutionality of the Affordable Health Care Act? No one elected him to represent any state or district!! He doesn't sit on a bench wearing a black robe while listening to complex legal arguments!! Who does this guy think he is??"

All true, I don't have a law degree or even studied law in college, but it doesn't matter when you have a general working knowledge of the Constitution. A 5 year old could explain to John Roberts, and the rest of the Supreme Court, why the Affordable Healthcare Act is SOOOO, UNCONSTITUTIONAL.

1. The Obamacare individual Mandate is a direct tax which is unconstitutional under Article 1 section 9:

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.

2. It violates State's right since the Federal Government does not have the Constitutional Authority to take over Healthcare as stated in the 10th Amendment outlined in the Bill of Rights.

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.

3. This mandate is involuntary servitude or slavery to the big banks and the insurance industries.The 13 Amendment states:

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

4. It benefits certain industries in a crony capitalist or a monopoly system is illegal in the Constitution under Article 1 section 8:

No Preference shall be given any Regulation or Commerce or Revenue to ports of one State over another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

5. Justice Kagan is not supposed to hear this case because of conflict of interest. The reason is; she was apart of drafting and passing the Affordable Healthcare Act. State Attorney's could, and should, invalidate the SCOTUS ruling on Obamacare on the bases the Kagan didn't recuse herself as the law prescribes.

Like I said at the top of this article, "I don't got one of those fancy black robes or law degrees" But, as you can see, it doesn't take much of an education to understand how the Affordable Healthcare Act is in fact "UNCONSTITUTIONAL" when you can read something, including the Constitution, and actually understand the words that you're reading.

Read More: http://www.archives.gov/exhibits/charters/constitu...

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Top Opinion

  • mich52 2012/06/29 19:54:26
    mich52
    +15
    You can make up any facts that you'd like we already know that Conservatives don't understand what facts really are.. Whether its stupidity or ignorance on Conservatives part ObamaCare is Constitutional.. I suggest you get a life and stop being a useless member of society....

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  • Dan (Politicaly Incorrect) 2012/07/07 00:16:27
    Dan (Politicaly Incorrect)
    +1
    Libtards care nothing about the Constitution. They will sell their souls for free goodies. Obamacare must and will be repealed and Obama will be gone in Nov.
  • brtndr Dan (Po... 2012/07/07 19:46:18
    brtndr
    +1
    Hope you're right. PEACE OUT!!!!!
  • Giantfan 2012/07/03 05:06:59
    Giantfan
    Whaaaaaaa.
  • Roger47 2012/07/02 03:14:57
    Roger47
    +2
    The analysis fails. Start with your first example. The tax here is not a direct tax. Be grateful for what you got. Roberts struck a major blow against the Commerce Clause. Had he adhered to precedent, the commerce clause would have upheld the law.
  • Dan (Po... Roger47 2012/07/07 00:17:51
    Dan (Politicaly Incorrect)
    No he didn't, Wicker v. Filburn still stands.
  • Roger47 Dan (Po... 2012/07/07 22:33:30
    Roger47
    It does. But how can growing his own wheat be commerce, and medical care not be?
  • Dan (Po... Roger47 2012/07/07 22:36:34
    Dan (Politicaly Incorrect)
    Medical care is commerce. That is why they can control it. Try buying medical insurance across state lines.
  • aherbert 2012/07/01 20:10:06
    aherbert
    +3
    Conservatives are the most ignorant folk in the world … Justice Roberts was their boy and because he did the right thing they turned on him like a pack of wolves on a baby lamb. Flip flopping Mitt Romney represents them well … These cons are running amuck and they have no true leadership … eventually they will know that their party is becoming more insignificant by the day … you betcha!
  • brtndr aherbert 2012/07/01 21:33:05 (edited)
    brtndr
    +2
    "Justice Roberts was their boy and because he did the right thing"

    In order for Justice Roberts to do the "Right Thing" he has to have legal Constitutional grounds (and the other 4 Judges) that the Affordable Care Act is permitted by the Constitution. As I have pointed out in this posting, and in many replies to my posting, the 5 Judges have ignored several Articles, Sections and Clauses to the Constitution, along with a few amendments to the Bill of Rights that clearly state, why the ACA is in fact unconstitutional.

    Your reply is more in the nature of, a personal opinion, rather than a legal argument of Constitutional Law as to why the SCOTUS decision was the right one. On that note, let me answer with......

    Justice Roberts and Mitt Romney don't represent my views. I never supported them and never will. While I do agree that the Republic Party has a lot of Neo-Cons in conservative clothing at the top. However, there are a few Republicans in the Senate and House's in the State and Federal government that do represent the actual principals of a Constitutional Republic that conservatives are supposed to support, but keep getting bamboozled by these fake conservative Neo-Cons that the establishment Rhino Party keeps promoting.

    Unfortunately, the Democratic Party does the same, an...







    "Justice Roberts was their boy and because he did the right thing"

    In order for Justice Roberts to do the "Right Thing" he has to have legal Constitutional grounds (and the other 4 Judges) that the Affordable Care Act is permitted by the Constitution. As I have pointed out in this posting, and in many replies to my posting, the 5 Judges have ignored several Articles, Sections and Clauses to the Constitution, along with a few amendments to the Bill of Rights that clearly state, why the ACA is in fact unconstitutional.

    Your reply is more in the nature of, a personal opinion, rather than a legal argument of Constitutional Law as to why the SCOTUS decision was the right one. On that note, let me answer with......

    Justice Roberts and Mitt Romney don't represent my views. I never supported them and never will. While I do agree that the Republic Party has a lot of Neo-Cons in conservative clothing at the top. However, there are a few Republicans in the Senate and House's in the State and Federal government that do represent the actual principals of a Constitutional Republic that conservatives are supposed to support, but keep getting bamboozled by these fake conservative Neo-Cons that the establishment Rhino Party keeps promoting.

    Unfortunately, the Democratic Party does the same, and supporters on the left are just as Bamboozled by the leaders of their party, as the conservatives are on the right. I would support a Democratic candidate if I thought they would protect my rights and liberty's as an individual that the Declaration of Independence, Bill of Rights and the Constitution recognizes, and is designed to protect.

    But, when we have 97 Senators passing the NDAA, and a Democratic President signing the bill, that gives the government the legal protection to secretly arrest, imprison and torture citizens on the mere "suspicion" of being a terrorist, and held indefinitely without any access to legal representation.

    When you have a Republican President establishing a TSA goon squad at airports harassing everyone, then expanded with a Democratic president to include Full Naked Body Scanners and groping peoples private parts. Then I'm done with both parties. But, I do believe that the principles of the Republican Party is the eventual way out of this ever increasing Police State and endless foreign wars.

    And, when you have both Republican and Democratic administration shipping guns south of the border that ends killing thousands of Mexicans and American ICE and Border agents. And, the DOJ and White House try to cover it up by exercising Executive Privileged. Then, I'm switching my vote to Independent candidate Gary Johnson this November.

    That's my personal opinion on the subject.
    (more)
  • aherbert brtndr 2012/07/03 01:28:47
    aherbert
    +1
    So you telling me that you know the constitutional law better than the Supreme Court Justice and our President ... talk about feeling self important – I don’t know I think I will accept the ruling of the Supreme Court and trust that our President and Justices of the free world know best … besides they are the people that count.
  • brtndr aherbert 2012/07/04 01:50:02
    brtndr
    +1
    "So you telling me that you know the constitutional law better than the Supreme Court Justice and our President"

    NOPE, what I'm arguing is that there are quite a few Articles, Sections and Clauses to the Constitution and Amendments to the Bill of Rights that clearly state why the SCOTUS ruling on the Affordable Care Act is UNCONSTITUTIONAL. Despite their phenomenal encyclopedic knowledge of Constitutional Law. A 5 year old with a general working knowledge of the Constitution and Bill of Rights can see how the Affordable Care Act is in fact Unconstitutional.
  • aherbert brtndr 2012/07/04 01:55:01
  • brtndr aherbert 2012/07/04 02:14:08
    brtndr
    +1
    Congratulations!!!!!! Now, GOOGLE "Liverpool Care Pathways"

    If Britain’s fascist/corporatist healthcare system is a benchmark for what we can expect from the Affordable Care Act? Then you can expect the same as Britain's version of Universal Affordable Health Care.

    And, you'll be paying the mega rich 1% of insurance companies that are owned, and controlled, by the 1% of the mega-rich private international banks like Bank of America, Wells Fargo, JP Morgan Chase and Goldman Sachs for your loving Liverpool Care Pathways healthcare. (Congratulations)
  • aherbert brtndr 2012/07/04 02:17:10
    aherbert
    +2
    It is a start of a good thing .... Universal Healthcare will be the final goal.

    universal healthcare next
  • Dan (Po... aherbert 2012/07/07 19:55:26
    Dan (Politicaly Incorrect)
    It's the elderly that will suffer the most from rationing. Already half a trillion is taken out of Medicare to help fund Obamacare. These so called uninsured are those that do not need healthcare or want it.mthey will be forced into buying healthcare to help fund those that use it. Yeah, It's morons like you that would give away your liberty for scraps from the Government.
  • aherbert Dan (Po... 2012/07/08 06:02:55
    aherbert
    You just like America healthcare is behind times ... I wish we had Universal Healthcare ... no one is looking for a hand out ... healthcare reform save good old fashion American dollars ... folks like you was most likely against social security and and proclaim you don't want Government scraps ... but you are most likely receiving the majority of Government assistance ... spare me dude!
  • Dan (Po... aherbert 2012/07/08 09:14:35
    Dan (Politicaly Incorrect)
    Not getting any Government assistance at all buddy, zip, zero, nada.
    If you are for this disgusting law. Then you certainly are looking for a handout so you spare me....Dude
  • aherbert Dan (Po... 2012/07/08 18:37:04
  • Dan (Po... aherbert 2012/07/10 12:20:00
    Dan (Politicaly Incorrect)
    Yeah, now got to your Master Oboe Del Sol with your handout and begg for your healthcare like a good little useful idiot.

    "Please master Obie! I need healthcare. I am to stupid to take care of myself."
  • aherbert Dan (Po... 2012/07/10 19:54:14
    aherbert
    +1
    blissful in your ignorant world right?

    universal health care is the way
  • Dan (Po... aherbert 2012/07/11 00:08:54
    Dan (Politicaly Incorrect)
    The only way to being enslaved. If the Government controls your healthcare. Then the Government has the right to control how you live. This fight is not over yet. You may want to be enslaved but you and your ilk are in the minority.
  • aherbert Dan (Po... 2012/07/13 23:30:05 (edited)
  • Dan (Po... aherbert 2012/07/14 00:11:08
    Dan (Politicaly Incorrect)
    Yeah, Forward, do you know how many employers will not be hiring because of Obamacare? Or how many Doctors are considering leaving the practice?
    Showing people who were no doubt payed to hold signs is not impressive.


    Obama forward
  • aherbert Dan (Po... 2012/07/14 01:22:41
    aherbert
    knock it off

    You are acting like ...

    chicken little
  • Dan (Po... aherbert 2012/07/14 07:53:34
    Dan (Politicaly Incorrect)
    Oh how blind you are. When the Government controls your healthcare. The Government has the right to control your life. Get an Education and try to learn some critical thinking.
  • aherbert Dan (Po... 2012/07/15 03:30:00
    aherbert
    Yeah why don't you practice what you preach ... or just be satisfied with this guy .... the rest of yall are!

    mitt romney god live in kolob
  • Dan (Po... aherbert 2012/07/15 12:37:45 (edited)
    Dan (Politicaly Incorrect)
    I do practice what I preach. How about get a brain. Or be statisfied with this guy.

    Obama communist
  • aherbert Dan (Po... 2012/07/15 17:28:02
    aherbert
    I am satisfied with the President ... Now take this guy and his magic underwear and be gone!

    romney magic underwear

    romney magic underwear
  • Dan (Po... aherbert 2012/07/16 01:31:49
    Dan (Politicaly Incorrect)
    You must be satisfided with being a slave then. Because that is what you are going to be. Feed like cattle and then led to the slaughter. Fool
    But since you are so concerned about Romnies Great Great GrandFather. Why arn't you concerned about Obama's Father Obama Opiyo, had five wives, including two who were sisters. His grandfather, Hussein Onyango, had at least four wives ...Oh the hypocrisy
    http://www.thegatewaypundit.c...
  • aherbert Dan (Po... 2012/07/16 02:27:57
    aherbert
    Give it a rest ...

    chicken little

    The President only meet his father a few times and was raised by his mother and her side of the family .... just knock it off or just admit it ... you are afraid of the African American President.
  • Dan (Po... aherbert 2012/07/16 10:41:06
    Dan (Politicaly Incorrect)
    And Romney never met his Great Great GrandFather. But you Obamabot Zombies are Soooooooo Conserned that he had multiple wives.
    Typical, going for the race card when the argument is lost.
    Race card
  • aherbert Dan (Po... 2012/07/16 21:52:05
  • Jonatha... aherbert 2012/11/18 10:04:17
    Jonathan12856
    +4
    Is marriage not intended for a man and a woman? I must have read the bible incorrectly when I read that marriage was intended for conception purposes.... hmm. Guess I better get back to church... If you couldn't tell, welfare baby, that was sarcasm. In reality you need to go to church, and ask for forgiveness for your sins for giving the anti Christ a position of leadership.
  • Jonatha... aherbert 2012/11/18 09:56:01
    Jonathan12856
    +5
    It is against some individuals religions to even see a medical practitioner, yet those individuals will be forced to purchase medical insurance. If they do not, they face penalties from federal government agencies. Flaw# 1. The continued regulation of commerce made by democrats is sickening. Now they are attempting to reform the United States economy from a socialist-capitalist economy to a socialist economy. If purchasing medical insurance becomes a mandatory thing, then who is to say that the government would not make products they are able to profit from mandatory? Yet we are to place our faith in them to make the correct decision, when the imposed policy of so constitutionally flawed? I think that your trust in the government is not grounded correctly, and that you are ill- informed upon the true contradictions within the program and the document the United States is truly governed by. Place your faith within the Constitution, not those individuals elected who attempt to exceed the power placed in their hands.
  • Centrist_Bill 2012/07/01 19:48:41
    Centrist_Bill
    +2
    "I don't have a law degree or even studied law in college"(OP), nuff said.
  • banzaibuckaroo 2012/07/01 16:05:02
    banzaibuckaroo
    +1
    The Republicans better start understanding this is the Chief Justice that might be sitting on the bench for the next 25 years. During his confirmation hearings, Roberts said that he did not have a comprehensive jurisprudential philosophy, and he did "not think beginning with an all-encompassing approach to constitutional interpretation is the best way to faithfully construe the document". Roberts analogized judges to baseball umpires: " It's my job to call balls and strikes, and not to pitch or bat." Roberts demonstrated an encyclopedic knowledge of Supreme Court precedent, which he discussed without notes.
  • Dana 2012/07/01 15:44:48
    Dana
    +3
    I think they should just plain only allow democrats to benefit from the affordable care act.

    And continue to let the insurance companies screw over the republicans as they want to. I think the republicans should be dropped from their insurance if they get ill, or be denied insurance for pre existing conditions, etc. And just plain not have them worry about this bill at all.

    Vote GOP, good luck with your health. Vote Dem and you can live, by a bill that regulates the crooked insurance companies and allows you to be treated fairly. Make a choice... GOP or DEM?

    I also think all the tea baggers should lose their medicaid, medicare, food stamps and vets benefits. Cut all these peoples taxes... cut them from the programs too... and let's just have an experiment.
  • Debowman Dana 2012/07/03 01:26:19
    Debowman
    YOu started out all wrong, I think??? and clealy as a LWNJ, we all know that not to be true.

    But I am sure you feel all Cons deserve to die a horrable death, so tha you can help spead peace love and happiness thooughout the land of shepple.
    You post shows the true mentalitly of a liberal, agree with me or die, as an american you don't have the right to disagree with any thought a liberal has.
  • Dana Debowman 2012/07/03 03:01:16
  • Debowman Dana 2012/07/03 08:14:43 (edited)

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