Is Obamacare constitutional?

[weer5e]

no way! aclj and cato institute have the same legal opinion?! (in case you are an idiot, this is sarcasm. if this wasn't a clip from fox news there would be no need for this disclaimer.)

[MIvarsson99]

The fat bastard fails to mention ONE specific portion of the health care bill that violates the Constitution.

[safetychoice]

I love lawyers - they live in a dream world. The constitution? Oh yes, wasn't that something they wrote back in l787? That's "an 18th century document with no relevance to the modern world". We know this because Alberto Gonzalez, the former Attorney General of the United States told us so. He was right because for the past ten years the president (present and previous) has been ruling by decree, violating every provision, and everyone obeys his orders.

[BeantownJim]

stop paying taxes

[esj8341]

Beans,

That is poor advice.

It is a felony not to pay federal income taxes. Taxes are a pain in the butt, and going to be an even bigger pain thanks to Obama and Congress.

BUT

Congress has made statutes requiring we pay tax. See IRS Code Title 26. And the Supreme Court of the US has ruled that Congress had the authority to do so.  See Amendment 16.

Work to change the change the laws or at least don't vote again for Obama and his gang. But do pay your taxes.

[Twisteddreamer78]

@esj8341 You really don't want to get into taxes and the Constitution because the Constitution gives specific types of taxes that can and can't be imposed. Most major taxes today including income tax is included as the type of taxes that can't be imposed by the Constitution. Of course that doesn't matter if they can make you believe it's legitimate right? Might apparently does make right especially in this case where in a tool of the people is being used against them.

[esj8341]

@Twisteddreamer78

I agree with your main point about might making right. However I am not sure I understand your basis for believing that a federal income tax is unconstitutional. What is the basis for your claim?

[Twisteddreamer78]

@esj8341 Without getting into specifics.....The 16th (I believe) amendment is the only amendment that can be construed to allow for the income tax yet the supreme court ruled that the 16 amendment grants no new powers of taxation therefore the 16th amendment has no real purpose.

From there ya go into what the founders said about what kind of taxes could and could not be levied on the people. They define and describe both, then look up what kind of tax the income tax is and there is the basis.

[Twisteddreamer78]

@esj8341 By the way...that ruling by the supreme court was (if I remember correctly) Brushharbor vs union Pacific? (I think), it was in the 1800's. If you can't find it, let me know and I'll see if I can find it for ya.

[esj8341]

@Twisteddreamer78

The Brushaber and Stanton cases actually exist, but they don't lead to the conclusion that the federal government can't impose an income tax. In fact, the 16th amendment actually states that the government CAN impose a federal income tax.

[FriarTuck1961]

99% of bills coming through Congress are unconstitutional.

[tolynette]

This is right on. Bush usurped our constitution and got away with it because we were scared of terrorists. Congress has no legal authority to take over health care. They could make laws to eliminate pre-existing conditions, promote competition, and so much more, but they do not. Why? Because they want more and more control over our lives, while our liberties will go straight to hell. Like medicare? Welcome Big Government bureaucracy health care!

[Tonypayola]

yeah national heath care, such a bad idea, why have a system that would give everyone heath care, when we can have a system that profits off not giving us heath care, i dont understand why people dont get this through they're little brains, you are trusting a business with your heath care, the less people they help the higher they profit, thats why they look for loop holes (pre existing conditions) to not insure you

[Scoforever]

Business. Scary. America has the best healthcare system in the world. And don't give me that BS about WHO rankings. America has higher survival rates than any other countries.Infant mortalities are higher because babies that wouldn't be born in other countries are born in America. are born there. And yes America spends more than any other country on healthcare. Other countries simply ration care to artificially lower costs.

[Twisteddreamer78]

@Tonypayola It never ceases to amaze me that people believe the Government has the ability to steal from others without it being a crime.

How can the created be greater than the creator? Government is a creation of the people, therefore what is forbidden to the people is forbidden to the Government.

Forcing someone to purchase something they don't need is a crime.

[samtart]

i agree with napolitano, but where were all these concervatives when bush was also shredding the constitution?

at least this time it is harder to know whether this is unconstitutional but with bush it was so blantantly obvious there is no excuse for supporting what he did.

now concervatives want us to believe they stand for protecting the constitution. HAHAH, go home, you have no credibility with the american people.

[Scoforever]

1. You need a first time for everything.

2. This is far worse.

3. I'm not a conseervative.

4. Ron Paul.

[samtart]

1. OK

2. This is not far worse. Detaining people without warrant, Iraq war deception, etc.

3. I am a concervative.

4. I supported Ron Paul

[Scoforever]

Preventative detention.

[FreedomInAmerica]

@samtart,

I myself was a Republican, and got sick of "Bush is Satan" rhetoric from the left. Had I known about the Executive Orders he signed, I would have been on board with you guys.

Now that our Freedom is about to be scrapped, I'm on board to protect the Constitution. Don't get mad at Conservatives who now realize what's happening, join them to take back America.

[georgie1]

Love Judge Napolitano!

So why don't some attorneys get together and put an injunction on this administration and prevent this fascist take over of our medical care system?Please help us stop this shredding of our constitution and our freedom!!Shred this despicable bill ASAP!!