Daily reporting and analysis of current events from a biblical and prophetic perspective.
Tuesday, December 14, 2010
Judge: Mandatory Health Care Unconstitutional; Attempt for Unbridled Police State
Against the backdrop of of an ABC News/Washington Post poll saying that 52%, a firm 37% strongly, of Americans are oppose the new socialist health care law, US District Judge Henry Hudson ruled that the central provisions of the law are unconstitutional. At the core of Hudson's ruling is a violation of the Constitution's commerce clause--that Congress does not have the power to regulate and tax a citizen's decision not to participate in interstate commerce. Hudson wrote, "Despite the laudable intentions of Congress in enacting a comprehensive and transformative health care regime, the legislative process must still operate within constitutional bounds."
Judge Hudson, however, said in his ruling, "Importantly, it is not the effect on individuals that is presently at issue--it is the authority of Congress to compel anyone to purchase health insurance." But under the Commerce Clause, Judge Hudson said, "First, to survive a constitutional challenge the subject matter must be economic in nature and affect interstate commerce, and second, it must involve activity." The Judge found that electing not to purchase health insurance was not an economic activity. The authority of Congress, therefore, to levy penalties on those not buying health insurance was an unconstitutional application of the enumerated powers of Congress.
Judge Hudson's decision also revealed a possibly more sinister motive for passing socialized medicine--setting the precedence under the Commerce Clause to nationalize other essential underpinnings of the economy and the welfare of citizens by expanding Congressional authority. The judge rightly discerned that the Administration's broad definition of economic activity subject to congressional regulation as reasoning for enacting socialized health care "could apply to transportation, housing, or nutritional decisions." He wrote, "This broad definition of the economic activity subject to congressional regulation lacks logical limitation and is unsupported by Commerce Clause jurisprudence."
He further said, "The unchecked expansion of congressional power to the limits suggested by the Minimum Essential Coverage Provision would invite unbridled exercise of federal police powers." The Administration also argued that health care was funded by either a tax--something the president promised would never happen--or a penalty depending on which word would make the health care mandate constitutional. The court ruled that such a tax was unconstitutional--either as a tax or a penalty. 2 Timothy 3:16 says, "But evil men and seducers shall wax worse and worse, deceiving, and being deceived." There are many deceptions in this health care law.
Read the decision:
Have a Blessed and Powerful Day!
Word of Life Ministry