President Obama and leaders in the Democratic Party have touted the massive health care bill as historic however; the landmark legislation has also led to numerous lawsuits across America. In an effort to save California from financial ruin, 12 Republican Representatives in California are asking Governor Arnold Schwarzenegger and State Attorney General Jerry Brown to join other states with lawsuits based on Constitutional merits.
Several states attorneys’ general filed lawsuits challenging the federal governments ability to mandate health care insurance and force states to pick up the tab.
Congressional members in California are concerned the new law will add too many financial burdens to the state in a time of deep recession. Lawmakers also contend the federal government will short-change individual states and it would only be a matter of time before state governments would have to enact steep tax increases to pay for the millions of new health care participants.
Virginia Attorney General Kenneth Cuccinelli, who has filed a lawsuit in federal court in Richmond, Virginia, said Congress lacks authority under its constitutional power to regulate interstate commerce and force citizens to buy health insurance. He contends that the bill also conflicts with a state law that says Virginians cannot be required to buy insurance.
In addition to the pending lawsuits, bills and resolutions have been introduced in 36 state legislatures seeking to limit various aspects of the health care reform plan through laws or state constitutional amendments, according to the National Conference of State Legislatures.
“When the Democratic majority in Congress passed their health care bill, they ignored the simple fact that forcing every American to buy health insurance, even if they don't want to do so, might very well undermine the constitutional rights of Americans,” Congressman Hunter said.
“Of course, we can't predict the outcome of challenges on this basis, but there is a very good chance the mandate, as well as the legislation itself, is determined unconstitutional. Congress has never before mandated that individuals buy a specific product, so anyone who suggests that the legislation is standing on solid precedent is wrong. But regardless, the federal government has always left these types of decisions to states,” he explained.
According to a new Rasmussen Reports poll, 55 percent of the voters want the Republicans to repeal the health care bill, while 42 percent say leave it alone. These numbers combined with the lackluster Presidential approval rating in the mid-40s prompted the Commander in Chief to hit the road and campaign in favor of the new health care legislation.
Companies like John Deere and Caterpillar (where Obama made a pitch to employees that health care will help their business) have predicted their health care costs will increase by as much as $100 million under the Democrats new health care bonanza, this will force large manufacturing companies to shed jobs – not add to the payroll. These companies insist the new plan bends the costs of health care up, not down as hoped.
The California Representatives wrote a joint letter to impress upon the Governor and Attorney General that President Obama’s new health care bill could be an “unconstitutional overreach of authority that severely undermines the individual liberty of every American.”
"We need health care reform, but not at the expense of the Constitution. The president must remember that the Constitution comes before politics, and all we are asking is for California to address this in the courts,” said Congressman Bilbray (R-CA).
The federal government will now require all individuals to purchase health insurance or face substantial financial penalties; something many proponents argue is within the purview of the commerce clause.
However, “contrary to this interpretation, we believe such a mandate and coinciding penalties for non-compliance are unconstitutional on the basis that even the broadest interpretation of the commerce clause would not confer on Congress the authority to force individual citizens to purchase health insurance,” the letter reads.
The California delegation points to Virginia and Idaho that has enacted state laws to protect their constituents from any federal mandate and as more details are uncovered by lawmakers other states are weighing their options when considering similar lawsuits.
“We hope you will offer your support for this effort and provide the necessary leadership to help bring a measure forward,” the Congressmen said.
The health care beef with most Americans lies in the constitutionality of the federal government forcing citizens to purchase a service. The Congressmen and the Supreme Court have acknowledged limits when it comes to interstate activities.
However there are also several financial issues to consider when the Health and Human Services Department begins the arduous task of implementing the massive health care program.
Californians’ can expect to pay $2-3 billion annually for the various health care related expenditures as well as growing the state Medicaid program. Currently, California is operating with a $20 billion budget deficit and this new entitlement program is sure to create a wider budget gap.
In an effort to gain support, the President has embarked on his “sell the health care package to the American people” tour and he has taken jabs at the Republican Party along the way by mocking the Armageddon that would happen if health care became law.
"So after I signed the bill I looked around to see if there were any asteroids falling or cracks opening around the earth," Obama said. "Turns out it was a nice day. Birds were chirping. Folks were strolling down the Mall. People still had their doctors."
Most question why the President has to go on the road to sell a bill if it is so popular with Americans? “He has to sell legislation because it is so unpopular.”
The California Congressmen that signed the letter to Governor Schwarzenegger and Attorney General Brown were; Duncan Hunter (R-CA), Tom McClintock (R-CA), Darrell Issa (R-CA), Brian Bilbray (R-CA), Ken Calvert (R-CA), Ed Royce (R-CA), Devin Nunes (R-CA), Tom Campbell (R-CA), Mary Bono-Mack (R-CA), Wally Herger (R-CA), Dana Rohrabacher (R-CA) and Kevin McCarthy (R-CA).
For more stories; http://www.examiner.com/examiner/x-10317-San-Diego-County-Political-Buzz-Examiner
Comments
Here is a short reading on the original meaning of regulating commerce before and after the revolution. Very interesting:
tinyurl.com/ywbxc6
We all just need to be a little more patient. The cracks in the earth the president did NOT see when he signed the bill will start to show if this questionable "law" is allowed to stand and fully implemented. Forcing major companies like Caterpillar to either lay off or not hire is one of the "benefits" this unconstitutional mandate will bring to our once great free society. Forcing individuals to "buy" health insurance they may not want or need is not the answer. Maybe if the negotiations would have been a little more "open" and "transparent", some real solutions might have been arrived at. If our representatives would have actually represented us our country would not be so divided and we would not be stuck with this law that almost nobody really likes.
If mandates are the answer, why don't we solve homelessness by passing a law that everyone has to buy a house? We could solve hunger by mandating that every citizen must buy food every day.
We all just need to be a little more patient. The cracks in the earth the president did NOT see when he signed the bill will start to show if this questionable "law" is allowed to stand and fully implemented. Forcing major companies like Caterpillar to either lay off or not hire is one of the "benefits" this unconstitutional mandate will bring to our once great free society. Forcing individuals to "buy" health insurance they may not want or need is not the answer. Maybe if the negotiations would have been a little more "open" and "transparent", some real solutions might have been arrived at. If our representatives would have actually represented us our country would not be so divided and we would not be stuck with this law that almost nobody really likes.
If mandates are the answer, why don't we solve homelessness by passing a law that everyone has to buy a house? We could solve hunger by mandating that every citizen must buy food every day.
Waiting for November will take patience, though there is much to do to pave the way for a new government -- one that listens to the people. The "replace" plan looks like the things Americans want without bankrupting us and abusing the Constitution and constituencies in the process. I'm asking for a "conscientious objector" status on the mandate since the Muslims and the Amish get it; the WH staff's perks are probably unconstitutional since it is preferential treatment. If the beast can't be killed with one blow, maybe it will have to be hacked to death with lawsuits and exceptions.
Wow, how disingenuous. Not one mention of any "replace" in the whole bit and yet you still hooked other commenters into believing this drivel.
Why doesn't the half of America that does not believe in the health care bill, quite taking social security, and other social services and leave the cash to those of us who want to take care of each other. Those above are crying because big companies need to start paying THEIR share of health care that they took from their employees over the past 20 years and put in their own pockets. I guess you all think the 50%!!! of us that believe this is good idea should follow you in to another black hole like these more expensive useless wars you keep getting us into. War is only good for companies tho make money off of them. How many of you that have insurance, are retired and were lucky enough to work for a company or government job that pays your insurance for life?? Whose taxes do you think paid for your benefits! Whose money bought your products and services. You are a selfish and uncaring lot. I am tired of all the lies you repeat. I am tired of the bulling of the Republican party.
The Democrats slogan was still "Yes we Can," when it came to passing ObamaCare, while the slogan from most Americans was "No, you don't."
Obamacare is a sell-out to Big Insurance & Big Pharma. This is becoming more & more widely known among leftists, right-wingers, the center-right & Independents & centrists. Jane Hamsher from Firedoglake has an excellent article entitled "Jane Hamsher Fact Sheet The Truth About The Health Care Bill."
It & "10 Reasons to Kill the Senate Bill" from Firedoglake & hosts of articles at Huff Po, Daily Kos & elsewhere show that this bill is not universal health carecoverage as the CBO says that 24 million people will still be without coverage in 2019. The articles show that Big Pharma will have a monopoly to block cheap prescription drug reimportation, a monopoly to block generic versions of expensive biotech drugs from coming to market, ObamaCare won't lower costs, won't lower out of pocket costs, many elderly will have to pay 300% more for coverage.
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Those articles & others at the sites listed below show that ObamaCare will leave many uncovered, will force Americans who are barely middle class to shell out what they don't have to spare. A family of 4 making $66,000 plus change per year will be forced to pay around $5,800 for mandated coverage per year & have to pay around $5,400 in out of pocket costs per year - that they will be responsible for.
Read those two articles that that I put in "..."
ObamaCare is a scam & a sell-out. It is not a start. It is a step in the wrong direction. The Democratic Party is now tied even more to the hip of the corporations. So much for the little guy!
Obama met behind closed doors with representatives from Big Insurance & Big Pharma, sold out to them, then they stopped running their attack ads against him & then he went out & tried to con Americans by attacking the insurance companies. He did this to provide cover for himself & fellow Democrats. He is a liar.
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Obama sold us out. He said that he would end the use of warrantless wiretaps - he now defends the use of them. He said that he would end the use of indefinite detention without trial for prisoners at Gitmo. He now defends the use of such for some there. Red Cross wants to get into the detention facility at Bagram Air Base in Afghanistan to see how prisoners are being treated, yet Obama says no to giving them access. Obama drags his feet on getting us out of Iraq.
And on top of all of that, ObamaCare was a sell-out to Big Insurance & Big Pharma.
Obama said that you couldn't have an individual mandate on health care coverage/insurance any more than you could mandate home ownership. Progressive Change has a YouTube video entitled "Obama Promised" that shows him in his own words saying this.
Obama was against the individual mandate in 2008 before he was for it in 2009.
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