I have been amazed, over the last two to three years, about how the Affordable Care Act hasn’t been fought against harder. This is truly an unconstitutional act, to force US citizens to have health care. For individuals to Have affordable health care, you do NOT mandate that everyone has to have health care. You work on those who provide the health care, and make those costs affordable.
I believe this act is unconstitutional on the following grounds:
1. Nowhere in the US Constitution, the bedrock for all the US laws, does it state that health care must be provided to any individual. Our individual rights, as laid out in the Bill of Rights, mandate that individual citizens, unless the individual oversteps others’ rights, have the right to life, liberty, and the Pursuit Of Happiness. Notice that it states specifically, the pursuit of happiness. No one can dictate what happiness is to any individual, each person’s idea of happiness is separate from each other’s. Nowhere in the constitution, or the Bill of Rights, or any amendments, is there a right to health care. Health care is an individual decision, not a right. Voting is a right, not an individual decision. Health care is a privilege, based on your ability to pay for and receive health care. Because hospitals perform health care for individuals who can’t afford this, when these individuals show up emergency rooms, does not mandate that others must pay the bills for these individuals. There are thousands of medical professionals being graduated every year. To pay off their debts, especially if these individuals went to school on a government scholarship or loan, these individuals should be mandated to set up and work from a clinic located in those areas where people are too poor to afford health care. This used to be done, in days long ago, when Americans had civic pride. It should be mandatory, backed with fines and prison terms for those medical professionals who do not wish to participate. After all, as President John Fitzgerald Kennedy, the last great democrat president said, “Ask not what your country can do for you…Ask, what can you do for your country…”
2. The slim twig that the Supreme Court used to attempt to validate the Affordable Care Act is, indeed, a very slim twig to have an entire law hang from. The slim twig is thus: The Act is legal because congress has the authority to levy taxes on the public, and as such, those fines are in actuality, “taxes”. Since this is now a tax, congress can mandate this under the commerce department in the congress’ role as tax collecting authority for the federal government. This twig breaks, and loudly, because: You Cannot Tax Anyone For Something They Have Not Purchased!!! This is akin to having someone come into a car dealership, admire a Rolls-Royce, but then have to pay the taxes on the car because you didn’t buy it. Or, if you decided to go to a grocery store, roamed the aisles, then decide you didn’t want to buy anything. But you couldn’t leave the store until you pay the taxes on everything you looked at, even though you don’t want the items.
These are just two of the reasons I can think of for the, let’s call it what it is, Obamacare Act to be unconstitutional. Any organization, any individual, DOES NOT, I repeat, DOES NOT have to pay any fines, taxes, levies, etc. Why? Because these are not legally mandated fees for a lawful Act or Law. The constitution details what a legal law is. No matter how any lawyers or judges try to skim around this one law, the Affordable Care Act, and all of its rules and regulations, are illegal. A first year law student should be able to fight this in court, all the way to the Supreme Court, with ease. The ACA imposes an unlawful fiscal burden on individuals and on businesses, demanding that individuals suffer the weight of a system the individuals did not have a hand in working on, their representatives did not have a hand in shaping, and individuals did not have an opportunity to have a meaningful discussion on. As such, as in the Tea Act which resulted in the establishment of our great country, we, the taxpayers of the US of A, are not beholden to support the ACA, or to be subject to any penalties this act ascribes to us.
If we do not fight against this act, in our entirety, and have this unlawful imposition removed, we will be subject to more and more punitive acts and laws that will, along with the other issues affecting our country, cause us all to succumb to a system that prevails over all aspects of our life.
“We Must All Stand Together, Or Assuredly, We Shall All Swing Separate…”