cross-posted from the Nevada Tenth Amendment Center
It doesn’t take a genius to realize that the Obamacare plan violates the Constitution. What most Americans don’t realize is that it violates it on so many levels.
The average person can clearly see that the federal government does not have the power to force citizens to buy commercial products, such as health insurance, against their will. But what most don’t see are the hidden violations of multiple constitutional provisions that are necessary to make this plan a reality. Facing a Democratically-controlled Senate, Republicans in the House of Representatives have vowed to defund the program if necessary. However, this is not as easily done as it may appear.
Obamacare contains over $105 billion in mandatory spending over the next 9 years. This means that Congress cannot simply defund it like it does other laws and programs. Whereas normally Congress is in charge of determining which laws to fund through the budget process, it would be denied its right to set its own priorities. Therefore, the mandatory spending provisions of this plan negate Congress’ power of the purse. The people and Congress from now until 2020 would have to live with what Congress did in 2010. This destroys the principles of representative government.
The formation of the infrastructure necessary to support this plan would be incredibly hard to reverse. People will be taxed against their will to enable the creation of a gigantic bureaucracy to carry out this program, representing irreparable harm being inflicted upon the people. Any time the federal government presumes to know better than the people what is good for them and forces them into what it thinks is best, the people are denied their right to self- government.
In January, opponents of Obamacare in the House of Representatives voted to repeal Obamacare or even portions of it , however, it was shortly thereafter rejected by the Senate by a vote of 51 to 47. Despite promises to try again, any future opponent attempts to repeal this act will surely fail to escape a presidential veto. Even if they were persistent enough to attempt to override the veto, people who understand freedom would find it extremely difficult to muster up the necessary two-thirds support in both houses.
Therefore, if we know this is unconstitutional but we can’t repeal it or defund it, then we must nullify it! All other methods have been exhausted here…