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healthcare law over turned?

First of all, I am completely neutral to politics cause i think they all have their own agendas. So please don't just call me a CON or an Obama hater.

next

Since the federal government cannot mandate any citizen to buy anything (since that's a state right VIA the 10th amendment) doesn't that mean that the supreme court will over turn it? I mean the law could only stand if the 10th amendment was changed.

example:

the federal government can not require people to buy car insurance, that right is automatically given to the states VIA the 10th amendment.

If it gets over turned does that mean the next step is to push a bill through to change the Constitution? Is it possible for the individual mandate to get removed and the law still be solid?

Update:

@wait

yes because people with no disposition to politics should never care about laws in their society. Good point (sarcasm)

6 Answers

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  • ?
    Lv 6
    10 years ago
    Favorite Answer

    The Supreme Court will eventually rule on Federal Government Mandating citizens to buy health insurance.

  • 10 years ago

    We will probably see the whole law thrown out by next June, when it it is predicted to end up in the Supreme Court.

    Edit: The 10th amendment doesn't apply. However, the 5th amendment does. In order to make you pay for insurance, the federal government would have to compensate you for those monetary takings. These allocations cannot be taxes because the 16th amendment only allows for the levying of income taxes. This leaves the government having to compensate you by offering you health insurance in return as compensation. However, the federal government cannot legally get into the health insurance business because that is unConstitutional as well. They would have to compensate all insurance companies that they took your business from, again, under the compensation clause in the 5th amendment.

    The health care bill had this flaw built into it right from the beginning and was doomed to fail the moment they added the requirement that citizens buys health insurance. The federal government cannot legally mandate it. Ironically, without that mandate, the bill cannot financially sustain itself.

    It wasn't a well thought out bill.

  • Dan H
    Lv 7
    10 years ago

    yeah, but the necessary and proper clause as well as the commerce clause most likely do give the federal government the power to mandate insurance coverage for everyone and the 10th amendment does not strictly prohibit that.

    Deciding constitutionality of a law isn't always based on one small part of the constitution, it is based on the whole document and how the different parts interact. It won't be just the 10th amendment that decides this case.

    If the supreme court does decide that that part of the law is unconstitutional, then congress either must pass a new health care law that does pass constitutional muster or it must start the process for changing the constitution, neither of which will happen.

    So, if you want health care, and I don't know why you wouldn't, you should support the current law and later amendments that make it stronger.

  • ?
    Lv 7
    10 years ago

    You are wrong.

    The PPACA is legal under the elastic clause, Article I, Section 8, Clause 18.

    The 10th does not invalidate that.

    The 10th refers to powers NOT DELEGATED to the US.

    The elastic clause DOES delegate that power.

    We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

    Section 8. [1] The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

    [18] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

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  • 10 years ago

    Not yet the Supreme Court will overturn it, basically killing Obamacare, without the mandate nothing else will be implemented.

  • Anonymous
    10 years ago

    If you are "completely neutral to politics" you have no informed principles or opinions. Why would anyone bother to respond to such a person?

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