Constitutionally Unhealthy 'Reform'; Obamacare's Legal Flaws Are Critical to the Debate

The Washington Times (Washington, DC), January 7, 2010 | Go to article overview

Constitutionally Unhealthy 'Reform'; Obamacare's Legal Flaws Are Critical to the Debate


Byline: THE WASHINGTON TIMES

Far too many congressmen underestimate the political ramifications of passing a health care bill that may be unconstitutional. Far too few of them seem to understand why Obamacare's constitutionality is seriously in doubt.

Consider the special Medicaid deal the Senate bill provided for Nebraska in order to buy the vote of Ben Nelson, that state's senior senator. At least 13 state attorneys general last week announced plans to challenge the provision, which effectively would exempt Nebraska from paying for Medicaid expansions that the other 49 states must finance. Democrats should not scoff at this threat. The provision is patently unfair to the other 49 states. Worse, it seems to run afoul of Article I, Section 8, which gives Congress the power to provide for the .. general welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States Clearly, Nebraska's sweetheart deal is not for the general welfare, nor is the financial contribution uniform if one state is exempt.

Then consider the Obamacare provision mandating that every individual buy health insurance. As a candidate, Barack Obama wisely opposed an individual mandate, but his pledge proved worthless. Yet numerous legal analysts challenge the mandate's constitutionality. Last July, the Congressional Research Service explained why: One could argue that while regulation of the health insurance industry or the health care system could be considered economic activity [subject to congressional authority], regulating a choice to purchase health insurance is not. It may also be questioned whether a requirement to purchase health insurance is really a [legitimate] regulation of an economic activity or enterprise. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Constitutionally Unhealthy 'Reform'; Obamacare's Legal Flaws Are Critical to the Debate
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.