Obamacare Runs Afoul of the Constitution

Somewhat lost in the debate over whether or not Obamacare is good for Americans, is the question of whether it is constitutional. On a number of fronts, the President's health care plan runs roughshod over our guaranteed rights:

1. Obamacare would force Americans to buy something they may not want. Both the Senate and House passed versions of Obamacare would make Americans purchase a "qualified health plan," regardless of their need or desire. Nowhere in the U.S. Constitution is congress granted the authority to force Americans to purchase a product.

2. Obamacare would dictate to insurance companies how much money they are allowed to make. The Senate version of Obamacare would set an arbitrary and artificial cap on the profits of health insurance companies. Far-left members of congress are employing the same argument here that they did against the oil companies prior to the recession – i.e. health care is a necessity; we think it's too expensive; therefore we have the right to tell you what you can charge for it. Their argument didn't pass constitutional muster then, and it doesn't now.

3. Obamacare would put the federal government squarely between patients and their doctors. The Senate version of Obamacare would make Americans enroll in a "qualified healthcare plan," and then dictates that doctors may only receive compensation under such plans if they perform procedures allowed by the federal government. This is well outside the boundaries of the Constitution.

4. Obamacare would be permanent and future congresses would not be able to revise, repeal or alter it. The Senate version of Obamacare stipulates that future congresses can't change or repeal the law – for any reason. This essentially strips Americans of their long-held constitutional right to elect new representation to eradicate bad policies.

These constitutional infringements are not exactly gray areas. The President's contempt for the Constitution may even trump his contempt for an open and transparent legislative process.