The U.S. Supreme Court announced today that it will hear arguments over Obama’s changes in the health care laws in March 2012. The biggest question that will be argued is if Congress can make people buy a product. The case will be based on the Commerce Clause of the U.S. Constitution (Article 1, Section 8, Clause 3) and the 10th Amendment of the U.S. Constitution which states “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.”
The clause does not give Congress the power to mandate citizens to purchase something and the 10th Amendment backs up the claim that if a power is not specifically laid out in the Constitution for Congress to have, then it cannot claim that power and that power would be defaulted to the states. Although this looks like a clear-cut case and that Obamacare should be struck down, we must remember in recent years that a conservative U.S. Supreme Court gave the right to private corporations to acquire private property of U.S. citizens using eminent domain and it also decided that corporations (national or multinational) should not be restricted on the amount they contribute to campaigns or to political agendas. So we should not assume Obamacare will be repealed by this Court.
Woe unto them that decree unrighteous decrees… Isaiah 10:1
Source: Jesse J. Holland & Mark Sherman of the Associated Press. Supreme Court will hear health care case this term. Yahoo! News. Monday, November 14, 2011.
posted by Harry A. Gaylord