Thursday, November 10, 2011

Another nail In Liberty's Coffin

Dear Readers;

Seven-Sky v. Holder, is latest of the "Obamacare" federal lawsuits concluding it is constitutional which was decided on Monday 11/07/11. In a 2–1 ruling, the court upheld the health law’s mandate that forces all Americans to purchase health insurance. One part the court agreed with the vast majority of other judges that the individual mandate is a penalty, not a tax, and therefore that the parties do have standing to sue. (Had the individual mandate been declared a tax, under the Anti-Injunction Act, parties don't have standing to sue until the tax goes into effect in 2014.

The other part, the one that turns the meaning of limited government on its head, and pretty much rips the constitution to shreds the majority ruling citing the 1942 case of Wickard v. Filburn, in which the Supreme Court ruled that Roscoe Filburn could not grow wheat on his own farm for his own animals’ consumption, because doing so would frustrate the federal government’s scheme for wheat price controls, which President Roosevelt instituted during the Depression.

It uses this case to justify the government's premise that the health insurance market is a rather unique one, both because virtually everyone will enter or affect it, and because the uninsured inflict a disproportionate harm on the rest of the market as a result of their later consumption of health care services.

However the court missed the most selenite point. All ruling based over the years on Wickard v. Filburn were on the producers, not the consumers. The initial ruling may infer the farmer may or may not grown a certain amount of wheat, but it certainly does not in any way, shape or form mandate that the consumer must buy any product made from wheat.

This what the individual mandate does. It forces a consumer to purchase a product under penalty of fine or imprisonment. The government may regulate insurance companies, but it can not make you buy it. If this ruling is allowed to stand, our constitution as we now live under it will be a meaningless piece of paper.

It is why we can not rely on the courts to invalidate "Obamacare". We must vote in those to Congress and the Senate next year that will repeal this odious law. If you believe this is not an imperative, that your life and relationship between the federal government and you will be forever altered in the worst possible way, that we will be slaves to the government, then you are dangerously mistaken. This is my opinion, you may beg to differ.

Anthony J. Bazzo
The opinions expressed by freelance contributors to PennySaver Community do not necessarily reflect those of PennySaver Community or its parent Chase Media Group.

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