JUDGE NAPOLITANO EXPLAINS WHY OCARE IS UNCONSTITUTIONAL

Napolitano makes a broader case against Obamacare than many analysts I have read. It’s not just the individual mandate, it’s also congressional usurpation of state prerogatives.

Congress has not merely told state governments that they must surrender their regulation of healthcare, it tells the states how to spend taxes collected at the state level.

None of this stuff is authorized by the Consitution. Nor is Obamacare’s de facto meddling in the doctor-patient relationship, which runs afoul of several previous Supreme Court decisions:

[via The Foundry]

Comments 3

  1. z9z99 wrote:

    Here’s a naive question: If congress and congressional staffers are exempt from the Obamacare mandates, how do those mandates not violate the equal protection clause?

    Posted 12 Apr 2010 at 11:16 pm
  2. saleboter wrote:

    All animals are equal, some are just more equal than others.

    Posted 13 Apr 2010 at 11:17 am
  3. John Lofton wrote:

    Obamacare, the entire legislation, is unconstitutional because not authorized in Article I, Section 8. There is no authorization anywhere in the Constitution for the federal government to be involved in health care. I am addressing here only the CONSTITUTIONAL question and not court rulings. Court rulings are NOT the Constitution, NOT law.

    John Lofton, Editor, TheAmericanView.com
    Communications Director, Institute on the Constitution
    Host, “The American View� Radio Show
    Recovering Republican

    Posted 13 Apr 2010 at 11:55 am

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