Looks like some of the states of these United States have decided to sue the federal government over the recently passed health care takeover bill. Virginia, Florida and at least seven other states are preparing lawsuits challenging the Constitutionality of the insurance mandate the bill contains.
By the year 2014 the federal government will require all people here to buy health insurance. It will be the first time in history that an American has to purchase something to be a citizen in good standing.
The lawsuit from Virginia will contend that forcing people to buy health insurance is unconstitutional and is not regulated by the oft abused Commerce Clause. Virginia Attorney General Kenneth Cuccinelli put it very simply:
“If a person decides not to buy health insurance, that person by definition is not engaging in commerce,” Cuccinelli said in recorded comments. “If you are not engaging in commerce, how can the federal government regulate you?” al-Reuters
He is, of course, correct but whether the courts will see it that way is another thing all together. It is possible that the courts will say the government can require us to buy insurance to have good standing in this country even though this runs contrary to the freedoms our Founders fought so hard to obtain and preserve. Then again, freedom is always only one generation away from extinction and this generation, the Obama generation, is hell bent on taking freedom away.
The other issue is that Virginia passed a law that states its citizens cannot be compelled to buy health insurance. This directly contradicts the federal mandate and will lead to a Tenth Amendment battle. While federal law usually trumps state law the federal government’s law must be Constitutional.
Also, the Constitution specifically states [paraphrase] that the powers not delegated to the United States by the Constitution nor prohibited to it by the states are reserved to the states or to the people. The Constitution does not give the government power to force people to buy something. It regulates commerce but commerce involves voluntary buying something. As was stated, if you choose not to buy something then there is no commerce.
This is a key part of the legislation because the expected revenue from the mandate is designed to offset covering those with preexisting conditions.
The issue will be interesting because the federal government will claim it has the right to control the states insurance because insurance is commerce but the federal government regulates interstate commerce and insurance companies are prohibited from selling across state lines.
This will likely be an interesting legal challenge that will have an impact for a long time to come. If the court decides the federal government can force you to buy something what will they force us to buy next? Maybe they will say we have to buy GE solar panels before we can own a home. Maybe they will say we have to buy a GM if we want a car.
I can’t imagine the courts will allow this to stand but then again, the SCOTUS allowed private land to be taken for private industry gain which runs afoul of the Fifth Amendment which only allows private property to be taken for public use with just compensation.
I can’t wait to see how this all plays out.
No matter what, the debate over the health care issue will not be settled this week.
If this is allowed I can’t wait to see all the snot nosed kids who voted for Obama when they realize that the law they pushed so hard for does not provide free health care.