America, You Asked For It!

Political News and Commentary from the Right

Ensign, DeMint to Force Vote on Health Care Bill Unconstitutionality

Press Release from the office of Senator Jim Demint (R-SC)

December 22, 2009 – WASHINGTON, D.C. – Today, U.S. Senators Jim DeMint (R-South Carolina) and John Ensign (R-Nevada), raised a Constitutional Point of Order on the Senate floor against the Democrat health care takeover bill on behalf of the Steering Committee, a caucus of conservative senators. The Senate will vote tomorrow on the bill’s constitutionality.

“I am incredibly concerned that the Democrats’ proposed individual mandate provision takes away too much freedom and choice from Americans across the country,” said Senator Ensign. “As an American, I felt the obligation to stand up for the individual freedom of every citizen to make their own decision on this issue. I don’t believe Congress has the legal authority to force this mandate on its citizens.”

“Forcing every American to purchase a product is absolutely inconsistent with our Constitution and the freedoms our Founding Fathers hoped to protect,” said Senator DeMint. “This is not at all like car insurance, you can choose not to drive but Americans will have no choice whether to buy government-approved insurance. This is nothing more than a bailout and takeover of insurance companies. We’re forcing Americans to buy insurance under penalty of law and then Washington bureaucrats will then dictate what these companies can sell to Americans. This is not liberty, it is tyranny of good intentions by elites in Washington who think they can plan our lives better than we can.”

Americans who fail to buy health insurance, according to the Democrats’ bill, would be subject to financial penalties. The senators believe the bill is unconstitutional because the insurance mandate is not authorized by any of the limited enumerated powers granted to the federal government. The individual mandate also likely violates the “takings” clause of the 5th Amendment.

The Democrats’ healthcare reform bill requires Americans to buy health insurance “whether or not they ever visit a doctor, get a prescription or have an operation.” If an American chooses not to buy health insurance coverage, they will face rapidly increasing taxes that will rise to $750 or 2% of their taxable income, whichever is greater.

The Congressional Budget Office once stated “A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States.”

A legal study by scholars at the nonpartisan Heritage Foundation concluded: “An individual mandate to enter into a contract with or buy a particular product from a private party, with tax penalties to enforce it, is unprecedented– not just in scope but in kind–and unconstitutional as a matter of first principles and under any reasonable reading of judicial precedents.”

Advertisements

December 22, 2009 - Posted by | Health Care | , , , , ,

4 Comments »

  1. James via Facebook

    of course the Dems will all vote yes

    Comment by John Allison, III | December 23, 2009 | Reply

  2. Thank You Senator Ensign for trying to help us americans who do not want Health care in lew of more money per hour or in lew of just wanting to work part time at our place of emploment. It is wrong that this government can force us to pay for health care or pay a pentality if we don’t. How can these democrates in congress just change the rules like this and it not be unconstitutional, what happen to our freedom to choose? Can we take this to the supreme court for a vote? Goods ans services in this country should be optioal for consumers to buy.

    Comment by suzi | December 27, 2009 | Reply

  3. Thank you Senator John Ensign for attempting to prove it is indeed unconstitutal for the congress and seneate to force americans to buy health insurance or pay a penality if we do not. Where is our right to choose when it comes to goods and services in this great country of ours? Can we take this issue up with the supreme court of the land to see what they say about this? For is should be unconstitional to force this health care insurance on those of us who do not want health care, this is not reform, and what does Lou Dobbs have to say about this? We work we pay our taxes and we already take care of our poor in this country, we have bailed out all the corpurations and the banks and the silly people who bought homes they couldn’t afford in the first place. WHAT’S NEXT? For their will be something for sure no doubt about it. Thank you again for voicing your opinion on this issue and i hope we win back the white house.

    Comment by suzi | December 27, 2009 | Reply

  4. Hi, great post! I really like it.
    Thanks for posting it.

    Let me quote my fav part:
    Americans who fail to buy health insurance, according to the Democrats’ bill, would be subject to financial penalties. The senators believe the bill is unconstitutional because the insurance mandate is not authorized by any of the limited enumerated powers granted to the federal government. The individual mandate also likely violates the “takings” clause of the 5th Amendment.

    Effie

    Comment by Effie Berry | January 12, 2010 | Reply


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: