After two years of wrangling since the passage of “Obamacare,” the Supreme Court of the United States has spent the last three days hearing oral arguments about the “Constitutionality’ of the new law. And being an Esquire, I’ve been absorbed by the proceedings. Using my “superior legal reasoning” bestowed upon me by the faculty at Washburn Law School, here are the two simple reasons this health care law is going down in flames.
Number 1: The law mandates that everyone must buy insurance and if you don’t, you pay a penalty which is collected by the I.R.S. Insurance is contractual in nature and a citizen cannot be forced to sign a contract under duress. If threatening a person who does not buy insurance with the I.R.S. is not duress, I don’t know what is…
Number 2: The Severability Doctrine: this is a legislative concept which allows for one part of a law to be found Unconstitutional but leaves the rest of the law intact. The Democratic Leadership of the Senate- in all their “brilliance” forgot to put a severability clause into the final bill signed by Obama. And without this clause, the Supreme Court can throw out Obamacare, in toto, if just one part is found to violate the Constitution.
The scariest thing if this law is upheld is if the government can force you to buy health insurance, what can’t they force you to do or buy? Regardless of whether one thinks we need some sort of national health care law which helps to cover the uninsured, it ought to be Constitutional in nature and not destroy the best health care system in the World.
But don’t fret all you supporters of the President – If you want Obama re-elected- Obamacare being found Unconstitutional is the best thing that could happen.
After the “Affordable Care Act” was signed into law, the 2010 election were a disaster for the President and the Democrat Party, losing their supermajorities in the House and the Senate.
Take the yoke of Obamacare off of the President and what issues do the Republicans have left to beat him with?