ObamaCare, at least the proposals that contain provisions to force people to buy health insurance, are unconstitutional. The Federal Government is a government with limited powers. And all powers not enumerated in the Constitution are reserved to the states. The only even arguable grant of power comes from Article I, “Section 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States…”
That does not even arguably come close to giving the Government the power to force people to purchase health insurance. But what about car insurance? First, car insurance is regulated by each state, not the Federal Government. Each state has the power, perhaps, depending upon their own Constitutions, to force citizens to purchase health insurance. Second, not every one has to purchase auto insurance, just those who choose to drive. Just as one doesn’t have to purchase a fishing license who does not fish.
As one constitutional lawyer said of Cong. Steney Hoyer when he claimed that the “general welfare” clause of Article I, Section 8 authorized Congress to force Americans to buy health insurance: “The notion that the general welfare language is a basis for a specific legislative exercise is all silly because if that’s true, because general welfare language is inherently limitless, then the federal government can do anything.”
Why is it important? If our legislators do not act in accordance with the authority that they have been granted by our Constitution, then we cease to be a nation of laws. Instead, we allow our legislators to enact any law that they deem appropriate. I have not yet decided where I’ll draw the line and fight, but we are getting closer and closer to the point where I begin to take up arms and revolt.