Kill It In Court
Posted 03/22/2010 06:53 PM ET
Constitution: Republicans vow to repeal health care reform. But no social entitlement, once signed into law, has ever been overturned. The way to stop this federal overreach is through the courts.
Fox pundit Bill Kristol predicts that Republicans will repeal the law in 2013. Rep. Jim DeMint and other GOP leaders have already pledged to do so.
But that assumes a lot. Republicans must first regain control of both houses of Congress, which will require sustaining the current level of public outrage for six months after the fact.
That won’t be easy. While additional negative details about the 2,074-page bill will come out over the coming months, the worst parts won’t go into effect for years. And the White House is already reselling the few positives, such as covering pre-existing conditions, which go into effect right away.
Yes, Republicans won Congress for the first time in 50 years after Clinton tried to socialize medicine. And yes, this bill is arguably worse, with 732 more pages, 109 more bureaucracies and just as many new taxes.
But HillaryCare failed, and was cast as a major Democrat defeat. ObamaCare, on the other hand, will be hailed as a big Democrat win. Even in the off chance that they do take back Congress, Republicans seeking repeal will have to fend off all the lobbyists who will cement around new health care rules, programs and benefits.
Then they’ll have to override President Obama’s veto.
The nation’s best chance to kill this monstrosity before it can ruin the best health care system in the world is to get the courts to declare it unconstitutional.
The ”individual mandate” is a violation of the 9th and 14th amendments. The Commerce Clause gives Congress the power to regulate the health care industry on issues of interstate trade. It does not give it the authority to force individuals to buy a service from private industry. This is unheard of. Even in World War II, the feds did not make citizens buy war bonds, for instance.
Already Virginia, Florida and South Carolina are preparing constitutional challenges.
The high court — which thankfully (for now) is led by strict constructionists — will not let stand this violence against the Constitution, which the framers designed to limit federal powers.
If the bench were to uphold mandated universal participation in a federal health system, it would give Congress license to do anything it wants under the Commerce Clause. Nothing would be out of bounds.
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