Judges hearing the 20 state suit against the Federal Government for the systematic take over of the healthcare industry and the Government mandate that ALL citizens must buy healthcare insurance or pay a fine should rule this an over reach by congress.
Let's take a look at Article 1 Section 8 of the US Constitution, better known as the Commerce Clause.
Paragraph 1 states the following:
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;
Now, the US Congress has the power to lay and collect taxes, duties, imposts and excises, so they can pay the dept and provide for the common defense and general welfare of the United States.
However according the Feds claim (now), that this is a tax, even though Obama said during the lead up to the vote on Obamacare it wasn't a tax, but a penalty, and by virtue of the Article 1 Section 8 they now have the power to levy this as a tax, even though the wording in the law states "penalty"
To back that, those in favor of the healthcare law state that the Feds rights to do so is based on the clause of providing for the common defense and general welfare.
However, read it again.
WHERE does it say provide for the common Defence and general Welfare of the 'PEOPLE' of the United States?
It doesn't, it says defense and general welfare of the United States... AKA The Nation.
Also the third paragraph states the following:
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.
What is the definition of "Regulate"
By definition, Regulate means
"To adjust by rule, to direct by rule or restrictionsubject to governing principles or laws."
However, we all know now that this law will, over time, systematically eliminate the private sector insurance industry by virtue of what the Fed say is regulations.
And any respectable judge should rule that Congress does not have the power to take over any industry, but to set rules, or Regulate.
I whole heartily believe this will eventually be all struck down as an over reach by the Feds.