Friday, May 22, 2015
1012 C Street  •  Floresville, TX 78114  •  Phone: 830-216-4519  •  Fax: 830-393-3219  • 

WCN Site Search


Lost & Found

Lost: Bi-fold 7.5 foot aluminum ramp, May 4 after 6:30 p.m., Hwy. 97 W. between Pecan Park and FM 478, Floresville. Reward. Call 210-601-1605, 830-393-2352.
Lost: 2 dogs, red mixed breed, last seen on 6th St. near skate park in Floresville. Large reward! If found or seen call 210-995-3800 or 210-249-1836. 
Lost: Big yellow Lab (about 100 lbs) disappeared from my home on Sunday May 17. North 181 @775 area. "Sammy" Reward. 830-391-4578.
More Lost & Found ads ›

Help Wanted

Be skeptical of ads that say you can make lots of money working from the comfort of your home. If this were true, wouldn’t we all be working at home?
Your #1 Advertising Resource! Call 830-216-4519.
More Help Wanted ads ›

Featured Videos





Video Vault ›

Commentaries


Obamacare: Constitutionally Infirm




E-Mail this Story to a Friend
Print this Story

Disclaimer:
The author of this entry is responsible for this content, which is not edited by the Wilson County News or wilsoncountynews.com.
September 2, 2011 | 1,655 views | 3 comments

By Dr. John A. Sparks

A three-judge panel of the U.S. Eleventh Circuit Court of Appeals has ruled that the key feature of the Patient Protection and Affordable Care Act, better known by many as “Obamacare,” is unconstitutional. The “individual mandate” portion of the legislation--a provision which requires all Americans to purchase health insurance or suffer a monetary penalty--was found by the panel in a 2-1 decision to be constitutionally infirm. The two judges who wrote the opinion, one a George H. W. Bush appointee and the other a Clinton appointee, used 207 pages to analyze the legislative intent of the enactment, to explore the existing pertinent case law, and to carefully consider all the possible arguments for the individual mandate offered by both sides.

In the end, their conclusion was that the question before them was “whether the federal government can issue a mandate that Americans purchase and maintain health insurance from a private company for the entirety of their lives.” The answer they gave was a resounding “no,” to which every American should respond with an “amen.”

The opinion reminds us that the Constitution creates a federal government of numbered or enumerated powers. When Congress acts, it must stay within the boundaries of those powers. In other words, the federal government is not unlimited; it is limited. It is a government with considerable power, but it is also one whose actions must conform to the confines of the powers set out in Article I, section 8 of the Constitution. If Congress exceeds those powers, it is acting unconstitutionally and the Supreme Court must rein it in. Chief Judge Dubina and Judge Hull have done exactly that.

The Obama administration argued for the constitutionality of compulsory health insurance by asserting, among other things, that Congress has broad power to “regulate interstate commerce.” True, said Judges Dubina and Hull, the definition of interstate commerce has been expanded, especially from the New Deal to the present. However, they add, what the Obama administration is claiming is “unprecedented” and “breathtaking in its expansive scope.” If commercial activity is already occurring, it is very likely that Congress can regulate it, but this is quite different from compelling “individuals to enter into commerce” by forcing them to purchase health insurance and then penalizing them if they fail to do so. As the opinion says: “Every day, Americans decide what products to buy, where to invest and save, and how to pay for future contingencies such as their retirement, their children’s education and their health care. The government [Obama administration] contends that embedded in the Commerce Clause is the power to override these ordinary decisions and redirect those funds to other purposes.”

That is exactly the issue. Will Americans retain the right to decide how much and where they will spend their money for health care? Or will they allow the Leviathan State to usurp that right? If the latter, then they should not be surprised to find that Congress’ voracious appetite for control of our daily lives will not be satisfied with health care, but will seek to dictate our choices of schooling, food products, energy, housing, and wearing apparel. Again, as the opinion warns: “The government’s position amounts to an argument that the mere fact of an individual’s existence substantially affects interstate commerce, and therefore, Congress may regulate them at every point of their life.” Exactly so.

Because the Sixth Circuit Court of Appeals, by contrast, has held in favor of the constitutionality of compulsory health insurance, thus creating a conflict among the Circuits, this case will undoubtedly be heard by the Supreme Court. There will be no more important decision on the Supreme Court’s docket, for the outcome will determine whether we will remain a nation with a limited government dedicated to the preservation of liberty or become a nanny-state with the federal government as our nurse.

-- Dr. John A. Sparks is dean of the A. J. Calderwood School of Arts & Letters at Grove City College (Grove City, PA) where he teaches business law and constitutional law and is a fellow for The Center for Vision & Values. A graduate of Grove City College and the University of Michigan Law School, Dr. Sparks is a member of the State Bar of Pennsylvania. He can be reached at jasparks@gcc.edu.
 
‹ Previous Blog Entry
 

Your Opinions and Comments

 
7th Generation La Vernian  
La Vernia  
September 8, 2011 1:58pm
 
Time to rethink whether this law will even get there. Federal appeals court rejects Virginia's challenge to Obama's health care law, saying the state doesn't have standing to file suit, but did stop short of ruling whether ... More ›

 
Rock'n chair Rambler  
Over Taxed, TX  
September 3, 2011 8:09am
 
The question remains, will the US Supreme Court take up this case before the 2012 election or will they sit back and wait for the Obama disaster to be thrown out and sanity restored to the country? The polls show it's not ... More ›

 
Elaine K.  
Floresville  
September 2, 2011 11:28am
 
New post.

Share your comment or opinion on this story!


You must be logged in to post a comment.




Not a subscriber?
Subscriber, but no password?
Forgot password?

Commentaries Archives


Commentaries
Commentaries page govtrack.us
Commentaries who represents me?
Pulse Research expires 6/30/15Heavenly Touch homeauto chooserAllstate & McBride RealtyTriple R DC ExpertsVoncille Bielefeld home

  Copyright © 2007-2015 Wilson County News. All rights reserved. Web development by Drewa Designs.