Monday, April 25, 2011

Cato Institute's Robert A. Levy: "The Case Against President Obama's Health Care Reform: A Primer for Non Lawyers"

All non-lawyers or individuals not familiar with the Constitution and its legal issues concerning a limited scope of federal congressional powers should read this short piece on the Affordable Care Act and the legal arguments being used by both the opposition and the champions of the act.  The article is available in full text and is free, so all can read it.  Click on the following link to be able to read it:

Here's Cato's message concerning Levy's article:

"Multiple challenges to President Obama's health care reform are percolating through the federal courts. Soon the Supreme Court will be asked to weigh in on perhaps the most important question of the post–New Deal era: Are there any remaining limits on the breadth and scope of federal power?
Reinforced by decades of Court decisions that have gutted the Framers' original conception of limited government, the Obama administration has embraced an unprecedented expansion of centralized control. This paper addresses the Patient Protection and Affordable Care Act, which includes a mandate that individuals either purchase a government-prescribed health insurance policy or pay a penalty.
The Department of Health and Human Services has asserted three constitutional provisions as sources of authority for the mandate — the Taxing Power, the Commerce Clause, and the Necessary and Proper Clause. Each of those purported sources is deficient.
First, the penalty for not buying health insurance is not a tax. Even if the penalty were a tax, it would fail the constitutional requirements for income, excise, or direct taxes. Second, the power to regulate interstate commerce extends only to economic activities; it does not permit Congress to compel such activities in order to regulate them. Third, the mandate is not necessary; indeed, it is merely a means to circumvent problems that would not exist if not for PPACA itself. Nor is the mandate proper; it cannot be reconciled with the Framers' original design for a limited federal government of enumerated powers.
An essential aspect of liberty is the freedom not to participate. PPACA's directive that Americans buy an unwanted product from a private company debases individual liberty. And it's unconstitutional."

You can also read what I have written concerning the Affordable Care Act, outlining similar arguments as Judge Vinson of Florida and other opponents of the Affordable Care Act who argue its unconstitutionality.  You can read my arguments here:

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