Why is Obamacare unconstitutional but Medicare is not?

Discussion in 'Healthcare/Insurance/Govt Healthcare' started by SpidermanTuba, Feb 22, 2010.

  1. SpidermanTuba
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    SpidermanTuba BANNED

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    Why is Obamacare unconstitutional but Medicare is not?
     
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  2. uscitizen
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    uscitizen Senior Member

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    Hmm this could be interesting.
     
  3. jillian
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    jillian Princess Supporting Member

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    there's no such thing as "obamacare" and neither the plans that are in the works nor medicare are unconstitutional.
     
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  4. Christopher
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    Christopher Active Member

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    Who is it that is making that argument?
     
  5. ScreamingEagle
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    ScreamingEagle Gold Member

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    Under the Constitution, Congress isn't authorized to run, regulate, or subsidize our health care. Because the Tenth Amendment prohibits the federal government from doing anything the Constitution doesn't expressly authorize it to do, federal intervention in health care is unconstitutional.

    This is not an anachronistic interpretation of the Constitution, unless undertanding basic English is also anachronistic. Yes, the Supreme Court hasn't struck down unconstitutional programs such as Medicaid and the prescription drug benefit , but that's neither here nor there. For decades, the Supreme Court held that segregation was constitutional, and then, one day, poof! it wasn't. The Supreme Court does as the Supreme Court wants, not what the Constitution says.

    The Partial Observer - The Tenth Amendment is the Best Medicine
     
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  6. Bern80
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    Bern80 Gold Member

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    then prove it oh wise lawyer of the boards. Government forcing people to purchase insurance is constitutional? Can't wait to here your CONSTITUTIONAL justification for that one.

    Screaming pointed to the 10th amendment. Also see Article I, Section 8. this is a rather specific list of the things government can do. Now anyone with a brain or one not being deliberately obtuse needs to ask themselves 'gee, why did our founders write such a specific list'? Maybe because the framers actually had a clue and realized it would be far easier to write a short list of the things the fed can do with the clear implication that if it isn't on the list the fed can't do it (hence the 10th ammendment), then it would be to try and dream up everything they wanted to prevent the fed from being able to do.
     
  7. RetiredGySgt
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    RetiredGySgt Platinum Member

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    Medicare is NOT Constitutional.
     
  8. SpidermanTuba
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    SpidermanTuba BANNED

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    Wrong, the Congress clearly has the power to levy taxes for the purposes of providing for the general welfare.


    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 Defence and general Welfare of the United States;


    Oh, in fact, it is here, and its everywhere. By your tone I take it you're retired and presently enjoying the benefits of these socialist unconstitutional programs.
     
    Last edited: Feb 23, 2010
  9. SpidermanTuba
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    SpidermanTuba BANNED

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    This is the first clause of 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 Defence and general Welfare of the United States;


    It says right there congress can tax to provide for the general welfare.

    So you're wrong.
     
  10. SpidermanTuba
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    Why not?
     

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