Rand Paul: Obamacare Is Not Constitutional

Political observers have described the 2010 Tea Party wave as an extraordinary assemblage of liberty-minded Americans who rallied around the Constitution in order to reclaim their country. One of the galvanizing forces was the passage of Obamacare — the national government’s takeover of our health care. Millions of Americans were enraged by this and other aspects of the Obama administration’s destructive political agenda, and they were sick and tired of their representatives’ failure to do anything to stop it. The 2010 wave election was a direct consequence of Obama’s unconstitutional ideals and czar-like power. And now, with the announcement of the Supreme Court’s decision to uphold Obamacare, it is my belief that the American people will be motivated to reorder our political priorities as they did in 2010.

On Thursday, the Supreme Court upheld Obamacare’s individual mandate in a 5–4 decision authored by Chief Justice John Roberts. The Supreme Court wrongly concluded that Obamacare can stand. But just because a majority of the Supreme Court declares something to be “constitutional” does not make it so. Millions of Americans simply won’t accept it and will act to help overhaul it.

Make no mistake: Obamacare is not constitutional. As a consequence of the Court’s ruling, Americans, whether they want it or not, will be compelled to purchase a product — health insurance — or pay a penalty.

The majority held that this penalty, for constitutional purposes, is also a tax. The dissenting justices concluded that the majority, by its actions today, rewrote what Congress actually intended when it enacted the law: “For all these reasons, to say that the Individual Mandate merely imposes a tax is not to interpret the statute but to rewrite it. Judicial tax-writing is particularly troubling.” The dissent then immediately cites the Stamp Act of 1765.

Continue reading at www.nationalreview.com

« Previous Article

Posting Policy

We have no tolerance for comments containing violence, racism, vulgarity, profanity, all caps, or discourteous behavior. Thank you for partnering with us to maintain a courteous and useful public environment where we can engage in reasonable discourse. Read more.

guest

Romney now has each point in the health care plan to run on. If the public knew the details, they would run from it. Come on Mitt, tell the Americans what Obama has done to this country in this ONE effort. Obama wants to distract the public with other unimportant issues. He must also include the economic adverse effects in his points. Obama won't touch it. Anything he says will hang himself. More lies are on the way.
- daves
  
  Not to be outdone, Kentucky Senator Rand Paul openly questioned whether the Supreme Court has the authority to decide whether something is constitutional. Seriously.
  - Evermyrtle
    
    I would love to know how each judge voted!! Roberts and his two henchmen, who else??
    - Evermyrtle
      
      SORRY, who else betrayed the USA?? I knew Roberts loyalty was slipping but never expected it to be this bad!!!
      - Evermyrtle
        
        GOD tells us to put on all of our armor in these last days of great trouble, and we as HIS people need it desperately There is no other way but GOD'S way to be able to survive as Christians until HE comes for us.
        
        Ephesians 6:10b-19
        10b. Be strong in the LORD, and in the power of HIS might.
        11. Put on the whole armour of GOD, that you may be able to stand against the wiles o the devil.
        12. For we wrestle not against flesh and blood, but against principalities, against powers, against rulers of the darkness of the world, against spiritual wickedness in high place.
        13. Wherefore take unto you the whole armour of GOD, that you may be able to withstand in the evil day and having done all to stand.
        14.Stand therefore, having your loins girt about with truth, and having on the breastplate of righteousness;
        15. And your feet shod with the preparation of the gospel of peace;
        16. Above all, taking the shield of faith, wherewith you shall be able to quench all the fiery darts of the wicked.
        17. And take the helmet of salvation, and the sword of the SPIRIT, which is the WORD OF GOD.
        18. praying always with all prayer and supplication in the SPIRIT, and and watching therefore with all perseverance and supplication for all saints;
        19. And for me, that utternance may be given unto me, that I may open my mouth boldly, to make known the mystery of the gospel.
        20.
  - EdinNOLA
    
    Daves, have you not been listening? The supreme court rewrote the legislation on two points – one concerning the fine / penalty / tax issue and another concerning "medicaid expansion" specifically to make it acceptable to their concept of the law. This is not permitted by the Constitution. Unfortunately, the voting polls are the only recourse "we the people" have to counter abuse of power in the judiciary and again unfortunately, this route takes too too much time.
    
    The Senator has a perfect right to question, not so much the ruling, but the actions taken by Roberts to justify his finding. There is such a thing as impeachment for justices who abuse their position, and while it is the House of Representatives' job to conduct such actions, certainly it would be in the Senator's area of influence to ask for such an action.
    - daves
      
      It's not a re-writing of the law, it is an interpretation of the law which is exactly what the court is supposed to do.
      - wesley
        
        redefining the penalty as a tax. this is the antithesis of a tax. most taxes say you buy it you pay a tax while this says your taxed unless you buy it.
SCOOPNJ78

If Roberts had not put in that the fines were considered a tax, a claim that during the passing of the bill the democrats took out of the bill, but later claimed in court it was a tax the mandate would not be constitutional PERIOD
- Deep_Thinker
  
  If it is a tax, that makes it more unconstitutional. First, according to Section. 7. Clause 1: All Bills for raising Revenue shall originate in the House of Representatives. This bill originated in the Senate. 2nd) This sort of tax does not fall under the enumerated taxing powers of the consitution. Unfortunately, like the income tax, social security, welfare, medicare, and all of the other unconstitutional laws that were put in place, this will be here to stay also. Those of you that think the president or the supreme court for that matter control these decisions are blind and naive.
  - Evermyrtle
    
    All descentcy and fairness is crumbling around us. The entire ruling forces that man has put into place has failed, completely. THERE IS NOTHING LEFT BUT GOD. IF WE WANT TO BE RESCUED WE HAD BETTER TURN TO HIM AND ACCEPT HIM, THAT ALONE, WILL SAVE US.
    
    One enormous problem with this revenue, many, many people will refuse, it is all written in HIS BOOK. Get IT out and see for yourselves!!!
  - daves
    
    Reid took a bill that had already passed the House, stripped out the provisions to turn it into a “shell bill,” and then inserted the text of ObamaCare to get around this requirement. The bill that passed the Senate was H.R.3590.
    - wesley
      
      this is still an illegal bill for there was no reconciliation committee meeting an then pass it out of both houses. the house of representatives were still forced to pass a bill that was created by the senate that included taxes which is still unconstitutional.
- Evermyrtle
  
  Tax, totally outrageous, nothing less!!
  - daves
    
    You will only be taxed if you choose not to buy health insurance.
    - wesley
      
      how about they passed a law requiring everyone to either buy a Bible or a Qur'an or be taxed so government can give you a Qur'an? this is just like the tax that is in obamacare.
    - Dave
      
      Then it is a penaty and a fine is apposed which make it illegal and unconstitutional!! But That what make this so strange on the out come!!
      Plus Judge Sormory or how ever you spell her name had her had in writting the bill so her vote was was also illegal, Conflick of interest,But no body mention that either.
      
      Why force me to buy insurance, If I do NOT want to but Car insurance I do not buy a car. I get sick I pay the bill.what so hard about that?
      - http://rationalresponses.blogspot.com/ Jeff Dixon
        
        An education in English would do you much more good.
Linda F.

In response to this article's title, "Well, duh!"
Bonnie Norem

After reading over 1000 pages of this Obamacare I am shocked the whole country isn't in uproar! Yes it gives health care to those that don't have it and many don't want health care anyway. What is does is set up a death panel, limit emergency hospital provisions for people that may have to go more than once for a certain ailment (like heart, cancer, etc), limit medical equipment for patients when needed, at a certain age like older people 70-75 years old only provide comfort (sleeping pills and pain pills to knock us out) and not provide good medical care that we use to get. If someone is crippled or handicap limits for them (isn't this what Hitler did during Nazi Germany?). Why not extend health care insurance for the whole family under one persons insurance. It use to be 18 unless you went to college and then it increased to 21 and now 26. It is time for the Federal Government to quit dictating to doctors and hospitals and people to help control population thru abortions and getting rid of sick people and start enforcing illegal immigration laws to help our population not to get out of hand that way! We have sick leadership that only looks for power and control through destroying our lives and country.
- wesley
  
  the obama administration next step is Nazi Germany now with the first step in place. if obama gets a second term he will make himself dictator-in-chief given how he is already acting as one.
Jerry

Bonnie……The Whole country,or,at least most of the Whole country,don`t even know it happened,and have no clue as to it`s impact on their freedom…..not a clue!
tod

He's Damn Right Unconstitutional.Dr.Ron Paul 2012 Our Country's ONLY chance of taking back our Constitution !!!
- Deep_Thinker
  
  Anyone who thinks Romney has a chance is grasping straws…
  - Wise old guy
    
    Anyone who now thinks that Romney will lose, after this, is grasping at "RON PAUL straws!. GO HOME PAULBOTS, …………ITS OVER!
    - Deep_Thinker
      
      I'm not supporting Ron Paul…
      
      Nice ASSumption though.
Dark_Archer

they will have to throw me in jail because I refuse to participate in ocommiecare
- David in MA
  
  Then your paycheck will get smaller on payday, the IRS is the collection agency for this, that may be one reason the court re-wrote the wording to call it a tax, remember, the IRS can garnish wages for unpaid taxes and child support….Can you say, "obozo gotcha"?.
  - wesley
    
    yet another reason americans are slaves to the government instead of free people.
- Wise old guy
  
  Actually the law has no teeth. There is no jail time for not buying health insurance. There is a fine, levied by the IRS for not buying it, but, THERE IS NO PENALTY LISTED FOR NOT PAYING THE FINE, LEVIED BY THE IRS! And, the rumor that the IRS will have real time access to your bank account is false! JUST STICK UP YOUR MIDDLE FINGER, POINT IT AT THE FEDS AND SCREAM, BITE THIS SUKKAS!
  - Vladimir
    
    The IRS can levy bank accounts and put liens on property now and they sure will under Obamacare.
Bell

Finally…THE PEOPLE ARE WAKING UP!!!!

THE LION IS ROARING AND THE EAGLES ARE SOARING! LETS TAKE AMERICA BACK….
Sharon

Were beginning to find out who's who and what's up!! there is so much corruption it's spilling out and over in every system that is in place. We my friends are coming into who we are and what we will do also this is the biggest abortion legislation in history and are court system approved it!! Watch out those of you who DO NOT PROTECT ARE CHILDREN IN THE WOMB YOU BETTER KNOW HIM WHO YOU CONTEND WITH!! WE MUST THRU ARE BRANCHES OF CHECKS AND BALANCE REPEAL THIS HELLISH LEGISLATOIN CONGRESS AND SENATE YOUR TEST COMES NEXT LET'S SEE WHO YOU ARE?
CincinnatusSPQR

No taxation without representation!
Anonymous

Well, gee, tell me something I don't know! Now, what you can do is try and get this repealed! This is BS, and I want my freedom back!!
http://www.divinenewsnetwork.com Min. Thomas Allen

If our country inin a massive debt how can they even afford to pay for everyone's government healthcare? It makes no sense to me how that can do this with no money.
agbjr

The Supreme Court has handed down some bad rulings. At one time the Supreme Court ruled people were personal property that could be carried from state-to-state and remain personal property regardless of state laws. Research the 1858 Dred Scott Decision. The Supreme Court also upheld the Fugitive Slave Act. It took a war and two Constitutional Amendments (13 & 14) to correct the Court's bad ruling.
maliktous

I will not accept either this defective ruling nor willI accept 'care', fees/tax, or fines concerning it. Obama's goons can sit on it and rotate; I am not a consenting citizen and refuse to participate in the Patient Perversion and Unaffordable Care Act! Scrap PPACA – and USA-PATRIOT – immediately!
Chris

Apparently he doesn't understand that the definition of "constitutional" is what the Supreme Court decides.

This guy is a raving nutcase.
- Eric
  
  Ummm, no. The Supreme Court does not "define" what is constitutional, it interprets what the Constitution says. This is why later courts sometimes disagree with previous courts' rulings. Are you seriously telling me that if the SCOTUS ruled that the Constitution required you to eat nothing but beets and potato soup for your "general welfare" that you would simply obey and begin a new diet? After all, they do get to "define" what is constitutional… correct?
paxcat

And, Medicare does EXACTLY the SAME thing! There is a 10% penalty for non-compliance! Get knowledgeable about these things! Nobody was coming unglued over that, and, in fact, it wasn't even brought before the court. Congress can "TAX" anything it wants to and it can pass both good and bad laws. It is up to "we the people" to decide whether the laws are "good" or "bad" and vote for law makers accordingly!
ONTIME

The law is certainly overbearing, obnoxious and poorly written but this hand grenade with the pin now pulled in laying again in the laps of those who wrought it, the Deemers. As the largest TAX increase in history, anywhere, the bill is again subject to the House during a election year, as a Deemer the idea you have to tell your constituents you are going to unload this $1.2 T dollar bill on them and the house majority Republicans are to meekly cave, is a fools errand. The written dissent from Justice Kennedy, this entire bill is invalid. More obstacles, Eric the racist Holder, now in contempt of congress, facing civil court with pending criminal charges, the chief obstructionist of this regime, hobbled. The fraud in the WH one can imagine is feeling a bit queasy with all that on his uncleansed plate.
bighoss

Rand Paul is an oafish dweeb. The Supreme Court has ruled Obamacare constitutional; therefore it IS constitutional. That is what makes it constitutional–the constitutionally-established judiciary performing its constitutional role has concluded that Obamacare is constitutional

Rand Paul and other wing nut sore losers on this issue can moan and groan all they want, but OBAMACARE IS CONSTITUTIONAL!
- SageWarrior
  
  It won't possibly reach your enter core of sound reason, but the people who are the primary recipients of what the Constitution provides…remember the part "We the people…" are now prepared to carry this fight to the next step. And, rest assured we will not be discouraged by a group of fellow citizens who are willing to allow government intervention in every aspect of their life. Nor, by those who wish to have the government meet their every need, thus, making themselves subjects of what is turning into a dictatorship. No, we will no go quietly nor will we turn tail at the first sign of defeat. If anything this will toughen our resolve and give us cause to dedicate ourselves, as Thomas Jefferson did when he stated, "I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man."
  - bighoss
    
    My enter [sic] core tells me that if you and your ilk really intend to accomplish anything useful in your commitment "to carry this fight to the next step," then your recourse is to seek such Constitutional amendments as will accomplish your wing nut objectives. Lotsa luck in that, Sage–it is a steep uphill climb.
bighoss

Rand Paul has spent too much time in the company of his addled, fanatical old man!
keyboardshark

If you think this whole thing is bizarre enough already, you should read what Roberts wrote in his decision. He first says the mandate in the law requiring individuals to buy health insurance is not a tax. Then he says it is a tax.

He upholds the individual mandate—as a tax, not a penalty—as the law of the land. But then says it would not be "unlawful" for Americans to violate the law's mandate that they "shall" buy health insurance–as long as they are willing to pay the "penalty" for not obeying the law.

He says the penalty for not obeying the individual mandate is not a tax, it's a penalty. Therefore, the court can rule on it at this time. Remember: Roberts says, It's not a tax, it's a penalty.

Roberts then rules that the Commerce Clause, which gives Congress the power to regulate commerce among the states, cannot be used to justify a law forcing people to buy health insurance because people who are not buying health insurance are not engaging in commerce that can be regulated.

You have to read the rest of the confused mess for yourself to believe it. Here is the link:
http://cnsnews.com/news/article/chief-justice-rob…
http://twitter.com/DStopper29 @DStopper29

The people are awakening slowly. Constitutionality however you wish to define it does not necessarily make something the will of the people. This abomination barely passed with ONLY Democrats supporting it. Imagine that for a second – the chief supporters and "birthers" of this bill almost didn't pass it – that's how bad it is. So now we have a SC justice that is more concerned with his legacy and posterior than actual law. And while I agree with his sentiment that it's not the Court's job to fix our errors at the polling place, the American people will handle that themselves.
- bighoss
  
  Poor old John Roberts! He has defiled his mess kit with the birthers, the wing nuts, the libertarians, and other ultra-rightest true believers. This is the only one of his opinions that goes against their grain, but it will, in the eyes of these "my way or the highway" ideologues, forever brand him as a renegate s o c ialist traitor to the "cause."
  
  It is, of course, very unlikely that even one percent of those ranting about Roberts' opinion have actually read even one word of it. It is not within the ambit of their investigation to consider the actual substance of the thing. They KNOW the TRUTH because they watch Fox News and follow such "experts" as Sarah Palin and Michelle Bachmann on that detailed analytical medium of Twitter!.
  
  Pitiful!
aceituna

Yes, let the American people handle it by voting in Representatives who do not wish to increase taxes and will repeal any unjust tax that has been placed upon us. To support these Reps we also need to vote in supporters in the Senate and the President. Encourage your rep to repeal "Obamacare" and write several laws that will encourage decent health care. Many suggestions have been made that will improve the situation. Have them write many short laws rather than one huge unreadable volume so we can get a handle on what is occuring. In that way we can encourage what is good and voice our objections to what is bad and will not have to wrestle with one big mess that is called a law.
Deep_Thinker

So a few robed people determined if the state (enforcer of its will) is acting within the document that supposedly gives the state its powers (the consitution).

There are those of us who see the state as the problem, not the problem being what the state can do or not do. The supreme court determines the latter, while history will determine the final outcome of the former. I applaud those who desire to live without the state, and will continue to do so as much as they possibly can, no matter if the states referees rule for or against it.
http://zionica.com Grant

Something good is going to come out of this. There is a 'silver lining' in all this…but yes, it will be a pain in the rear to get rid of…
Think again 87% Evangelical Christians voted for this person. Maybe, you could read closely what the Book of Titus has to say about having 'leaderships' in your church, home, country, schools, and the land we owned. It talks about being very, very careful about who you put into 'leadership'. . .and to be weary about who you put your hands' on for prayer or anointed. You take part in their sin(s)…
lambsev

We are finding out that words need to be carefully considered. Words are what are used to make law. If we don't understand words, we won't understand law. Lawyers and politicians for years have put much of the law beyond the average man and woman. Mr. and Ms. Average must spend most of their day earning the money to pay taxes for the salaries of politicians and their legal staff who in turn add tax after tax on their backs.

Now when times are good, people don't pay attention. But when times are bad, and they aren't that bad yet for most of us, people look for honest folks to send inside the beltway. Which is why I'm wondering why republicans passed on Rick Santorum and Newt Gingrich in favor of Mitt Romney whose religion is a lie. Of course Rick and Newt are both Catholics… Could a truly born again christian or a messianic Jew ever be president? Fortunately Jesus will come and make all things NEW!
- http://rationalresponses.blogspot.com/ Jeff Dixon
  
  All religions are lies. It is simply a matter of who is in charge.
  - lambsev
    
    Define religion.
Vladimir

This is bare naked socialism. The U.S. government now controls over 50% of the economy. Socialism smothers the capitalist engine and will eventually bankrupt this country. Our only hope is for a conservative takeover of the Senate and the presidency. If Obama wins he will veto any attempt to repeal Obamacare and it will be fully implemented in the next four years. I'm going to send money to the Romney campaign.
Gram

This Supreme Court Chief Justice was threatened with displaying the records of his adopted children from Latin America. So he had to come out with this stupid thing being constitutional. He had to rewrite certain parts of it to make sure it stated it was a tax, in order to make it constitutional. This thug in the White House always done things like this in the past to get to the position of what he wanted. What we need to do is activate "the 4th Branch of Government which will be the Worst Nightmare of a Corrupt Government". Not to many people realize we have 4 Branches of Government. All the ungovernment taxpayers belong to this Branch of Government. Also the 28th Amendment is brought into play when this was ruled constitutional. The House of Representatives are the only ones that can introduce a tax bill, not the Senate, President, or Supreme Court Justices.

As I have been reading various sites pertaining to this thuggery bill, only the taxpayers living in government property are required to pay this. Government property consists of Post Office, military bases, welfare assistance living places, buildings owned by the government (court houses), or anything pertaining to government run/owned. People living within the boundaries of District of Colombia, must abide by the rules Congress makes. People living in the Sovereign States do not have to abide by these rules. These people have a State rule to live by. Each State must protect their own borders. That is why each State has their own National Guard to protect against Federal Troops entering to control their State.
- bighoss
  
  Asinine–your post that is. The matter of John Roberts' adopted children surfaced briefly during his confirmation process. The right wing media came down strongly against the New York Times and others for allegedly trying to obtain access to confidential records concerning the adoption of the two Roberts children. Now you–obviously a winger yourself–are bringing up that old chestnut in a completely undocumented, unexplicatted assertion that someone used the adoption non-issue to blackmail Roberts into writing an opinion favorable to the health car act. ABSURD, Gram.
  
  You obviously can't put up anything to substantiate this baldly ludicrous assertion. Be advised that your saying it is so does not by any means make it so. Show us the goods, Gram, or bug off! Good grief!!
dwoodphd

Lambsev: I take it your religion did not start with a miracle? How I know: "… in favor of Mitt Romney whose religion is a lie…" two words that apply to you: false witness .
ontheroad

It was sold to the American people as a mandate, not a tax. Obama himself stated that it was not a tax. If this be the case then Chief Justice Roberts made a law that is unconstitutional, he does not have that right. First, off the letter of Obamacare was mandate not tax, and in that sense he should have enough common sense to see that mandate is not spelled TAX. It is sad what this court and this administration is doing to this country, first our relgion and now our rights as American citizens. WAKE UP AMERICA, it is time to oust all the people who wish to break the backs of American rights and liberties.
- Evermyrtle
  
  Not sold to us, we had better sense to buy, it was shoved down out throats, without as much a sip water to make it go down any easier.
- bighoss
  
  A "tax" is a "tax" when it walks like a tax, quacks like a tax, etc. Roberts is an experienced judge and constitutional scholar. He read the details of the health care legislation and concluded properly that the provision at issue does indeed impose a TAX. End of story, though obviously not the end of guardhouse lawyering by ignoramuses.
Richard Colonel

Regardless of how much the government want to spend on whatever project they have, their idea is that they can just appropriate or borrow from people's checking accounts to fund their programs. It's so simple.
MexseikoMexseiko

The GOP is so stunned by the decision they don't know what to do. Based on the Supreme ruling, ObamaCare is constitutional ONLY if it's a Tax. If Obama continues to argue that it's not a Tax but a Penanlty, then it is Unconstitutional.

He cannot have both ways.
- http://rationalresponses.blogspot.com/ Jeff Dixon
  
  Obama insisted it was not a tax. He is supposedly a Constitutional scholar. Is he clueless about the tax code, the Commerce Clause, or just willing to lie to suit his purposes?
sandykramer

Let me tell you how it will be
There's one for you, nineteen for me
'Cause I'm the taxman, yeah, I'm the taxman

Should five per cent appear too small
Be thankful I don't take it all
'Cause I'm the taxman, yeah I'm the taxman

If you drive a car, I'll tax the street,
If you try to sit, I'll tax your seat.
If you get too cold I'll tax the heat,
If you take a walk, I'll tax your feet.

Don't ask me what I want it for
If you don't want to pay some more
'Cause I'm the taxman, yeah, I'm the taxman