The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained
by the people.
The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to
the States respectively, or to the people.
For years, about one hundred of them, our Congress, President, and Supreme Court have been operating under the delusion that the Tenth Amendment to our Constitution does not exist. For this reason, the geniuses who got their heads together to challenge this sink hole of a law, decided to leave that out of their list of things to gripe about in court. Antonin Scalia decided to add that to his decision making process anyhow. Following is an audio excerpt of Antonin Scalia schooling Donald Verrilli on just exactly what the Tenth Amendment means, and why it is applicable in this case. This speech by the way, above all the other hand wringing statements made which caused the various earthquakes amongst the political left, should be what they fear the most. Antonin Scalia has just made the Tenth a part of the Constitution once again, and it's about freaking time.
A small history lesson is in order. When the Constitution was originally drafted, the 13 existing states which made up the first version of our fledgling nation refused to consider ratification of the document as the law of our land without adding some guarantees of certain freedoms. These first ten Amendments to the Constitution became known as the Bill of Rights. At first, James Madison, the author of the document, verbally expressed dismay at the idea that these Amendments would even be considered, not because he was not in agreement, but because he felt them to be unnecessary. Since nowhere in the document was authority given for the federal government to abridge those freedoms, he felt it would be impossible for this to ever happen to us. After further consideration, and the realization that sometime in the future, it would be possible for the government to grant itself further authority and increase its own size and scope, he decided to add another two Amendments which were not previously discussed. The entire purpose of Amendments IX and X was for the prevention of a government being allowed to grant itself more power than was originally granted. The Tenth Amendment says, if we didn't expressly grant authority to the government in the Constitution, then they don't have that authority. Those many powers not granted to the government expressly, belong to the states, and or the People.
This law flies in the face of the concept of the government being prevented from adding to its own scope. Buried within the 2900 pages of vague and purposefully unreadable language which contains as its number one most oft repeated phrase, "at the discretion of the Secretary," and as its number two most oft repeated phrase, "such sums as are necessary," is the government's granting itself a plethora of new found authority. Every single carrier of Health Insurance now fits the legal definition of financially distressed. Only one bank in America may now be able to give a Perkins or Stafford Loan. All Real Estate Transactions will now carry a 3% Federal Excise Tax. All Financial Transactions, including direct deposits of your pay check will now include a 1% Federal Excise Tax. All citizens have now been ordered to participate in the purchase of insurance, so that the federal government may then regulate the insurance market. Several medications have been removed from the FDA Approval because they have been deemed to not be cost effective. IPAB's will now decide the best course for medical treatment, irrespective of the advice of medical professionals. Being an actual doctor is not a prerequisite by the way for being appointed to an IPAB, but being politically connected is. Demands to inspect lunches packed by parents and then subsequently tossed aside in favor of a government approved bill of fair, that's now not only legal, but in practice nationally. Basically any activity, food, or even your choice of beverage are now all deemed to impact your health in some way, and subsequently open to federal oversight. Sodium, Sugar and Carbonated beverages are already in the cross hairs. My guess is that red meat, including hot dogs and hamburgers can not be far behind. With 2900 pages, there is no way that your Senator of Representative read the whole thing. Most of the crap that is in this Law is a complete surprise to the folks who voted it into law. That alone, should be a crime. But don't worry too much about your elected representatives, they at least had the good sense to exempt themselves from the ravages of this Law, and over 2500 waivers were granted to the various organizations that stood up and promoted it. It's too expensive for GE to pay their share of the costs, but us regular folks, well let's just say that we're up the creek not only missing a paddle, but the entire canoe.
Obamacare, if allowed to stand in any form at all, represents the end of any freedoms granted to us by our creator and protected for us by our Constitution. Literally, there is no end to what the government would be allowed to do to us under the guise of looking out for our health. Many of my liberal friends will scream that no one would ever think to remove those very freedoms in such a manner and that even mentioning such a possibility is the height of hyperbole. To those people I say, how on Earth can you be so blindingly stupid? The very fact that they have rammed such a Law through the Legislative Process and had it signed into law tells me that they intend to do this very thing. We have already heard the nonsensical shouts of how farting cattle are creating asthma attacks for our nation's children. With the Constitution removed, the burden of proving these asinine allegations is no longer necessary. All it takes now, that Obamacare is law, is a chief Executive that agrees with this type of idiocy. By the way, we have that now.
I've said it before, but it bears repeating. I do not care if the vote for striking this abomination down comes with a tally of 9 to 0 or 5 to 4, I only care that the right decision is reached. By the way, Roe V. Wade was a 5 to 4 decision. Supreme Court Cases where the winner is only able to tally 5 of 9 are just as binding as those where the winning side has 9 of 9.
Beyond these issues, as to whether the law itself is constitutional, there is still the basic issue of whether it was even smart. Our health care and insurance markets are screwed up, not the health care system itself, just the market place in which it operates. The reason it is so screwed up is due to the government's past interventions. The answer to these problems is not going to be found in the form of giving us more of what created the problem in the first place. Rather than offering hugely expensive and expansive solutions designed to somewhat mitigate the ill effects created by government intrusions, why not just return to the free market principles which have always worked, when ever they have been tried.