Tuesday, April 6, 2010

States lawsuits over Obamacare

I've spent some time looking over the States Lawsuits challenging Obamacare, and I believe that they are likely to fail.

Here's why - from article VI of the Constitution;

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

So according to the Constitution, the States can pass all the laws they want, but they are still trumped by Federal law, and like it or not, Obamacare is law.

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BUT - I think that the first person who is ever penalized for not having health care, who has their paycheck seized, or their bank account raided, has an excellent chance of having the law struck down.

What's the difference?

The difference is that an individual person's rights would be violated if they were assessed a penalty, and their property (money) taken from them by the federal government as part of Obamacare.

I see violations of the 5th, 6th, and 8th amendment, and possible others.

The Great Leader, President Obama, has denied that the penalty is a tax.

So with the protections agains seizures, the right to due process, and taking a persons money with no compensation, any penalties from Obamacare should have constitutional rights lawyers scrambling to come argue the case.

So my guess is that Obamacare will be here a while, until the first penalty is assessed.

Or until we toss out Obama and replace the bill.

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