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Top Ten Reasons ObamaCare is Unconstitutional

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As the Supreme Court prepares to render its decision on ObamaCare, I wanted to take a moment to once again express my opposition to this legislation. As I mention in my address, here are the top ten reasons ObamaCare is Unconstitutional.

If upheld, this law will fundamentally alter the meaning of liberty in our country and pave new ground for the government’s ability to intrude on your personal life. As Chairman of the Congressional Constitution Caucus, I will continue to fight for our freedoms every day in the House of Representatives.
Scott Garrett


Top Ten Reasons ObamaCare is Unconstitutional

1) Exceeds the Scope of the Commerce Clause – The purpose of Congress’s power to regulate commerce among the states was to end interstate protectionist measures and establish a national free trade pact. The Constitution does not give Congress the power to create commerce in order to regulate it.

2) Threatens the Notion of Limited Government – The individual mandate would be a grant of limitless legislative and regulatory power. This violates the doctrine of enumerated powers in which Congress is given few and specific legislative powers.

3) Imperils Religious Liberty – ObamaCare forces religious institutions to provide services that violate their faith.

4) Rewrites Contract Law – The individual mandate renders the purchase of health insurance to be compulsory. For centuries, it has been understood that a contract is valid only if all parties voluntarily and mutually assent to its terms

5) Charges a Financial Penalty to Regulate Behavior – ObamaCare imposes a financial penalty on those that fail to purchase health insurance. The Constitution does not grant Congress an independent power to tax for the general welfare and may not use taxation as a means to regulate activity, unless that regulation is authorized by the Constitution.

6) Imposes an Unconstitutional Tax – The Obama Administration asserts that the financial penalty is a tax. However, this “tax” does not satisfy the three types of taxes – income, excise, or direct – listed as valid in the Constitution. The penalty is not assessed on income so it is not a valid income tax. The penalty is not assessed uniformly and is triggered by economic inactivity so it is not a valid excise tax. Finally, ObamaCare fails to apportion the tax among the states by population, and therefore is not a valid direct tax.

7) Erodes Federalism – ObamaCare’s expansion of Medicaid is of such an enormous degree that states are coerced into compliance or risk abandoning the poor. ObamaCare would deny all Medicaid funds for noncompliant states.

8) Infringes Upon the Reserved Powers of the States and the People – The Tenth Amendment reserves powers not granted to the federal government to the states and to the people. Nowhere in the Constitution is Congress granted the power to compel the purchase of a product as a condition upon legal residence in the United States.

9) Neither Necessary nor Proper – The Necessary and Proper Clause grants Congress the means to execute its enumerated powers and adds no additional powers to the legislative branch. The regulation of inactivity cannot be necessary and proper in executing the powers of the Commerce Clause.

10) It’s Not Just Unconstitutional – ObamaCare will increase taxes and healthcare costs, destroy new jobs, add to the national debt, burden both small and large businesses with new regulations, and violate the founding principles of a republic expressly founded to secure the blessings of liberty.

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