See: Jay Carney: No Access to Obamacare, No Penalty
I hear the Obama Administration is thinking about delaying the penalty for Americans who do not buy federally approved health insurance.
How sweet of the federal government to think about delaying penalties for people who decide to not buy federally approve health insurance and decide to buy health insurance to meet their own personal health care needs.
However, to believe our federal government has the authority to penalize a person for not buying federally approved health insurance, one would have to also believe it is not a fundamental right of the individual to make their own decisions regarding their medical and health care needs. But the fact is, it has long been settled law that a person does have a fundamental right to make their own medical and health care decisions. And, "The mere chilling of a Constitutional right by a penalty on its exercise is patently unconstitutional." Shapiro v. Thompson, 394 U.S. 618
Why are the American people so willing to surrender one of their most fundamental rights and allow the federal government to force them to buy federally approved health insurance? When was such an intrusive power granted to our federal government?
JWK
A legislative act which "impinges upon a fundamental right explicitly or implicitly secured by the Constitution is presumptively unconstitutional." See: Harris v. McRae United States Supreme Court (1980) Also see City of Mobile v. Bolden, 466 U.S. 55, 76, 100 S.Ct. 1490, 64 L.Ed.2d 47 (1980)
I hear the Obama Administration is thinking about delaying the penalty for Americans who do not buy federally approved health insurance.
How sweet of the federal government to think about delaying penalties for people who decide to not buy federally approve health insurance and decide to buy health insurance to meet their own personal health care needs.
However, to believe our federal government has the authority to penalize a person for not buying federally approved health insurance, one would have to also believe it is not a fundamental right of the individual to make their own decisions regarding their medical and health care needs. But the fact is, it has long been settled law that a person does have a fundamental right to make their own medical and health care decisions. And, "The mere chilling of a Constitutional right by a penalty on its exercise is patently unconstitutional." Shapiro v. Thompson, 394 U.S. 618
Why are the American people so willing to surrender one of their most fundamental rights and allow the federal government to force them to buy federally approved health insurance? When was such an intrusive power granted to our federal government?
JWK
A legislative act which "impinges upon a fundamental right explicitly or implicitly secured by the Constitution is presumptively unconstitutional." See: Harris v. McRae United States Supreme Court (1980) Also see City of Mobile v. Bolden, 466 U.S. 55, 76, 100 S.Ct. 1490, 64 L.Ed.2d 47 (1980)