Obamacare vs. Constitution Episode I – “The Federal Menace”

Introduction:

Good news everyone, Obama's Healthcare act forcing Catholic institutions to provide Contraceptives in their insurance plans to employees has been revoked.

I would like to applaud the many successful arguments by Catholics that address the violation of the constitution by the mandate forcing Catholic institutions to pay for contraceptives for their employees.. and w hile this is good progess, we still have aways to go! Catholic Laymen, who are not employeed by Catholic Institutions  as well as Catholic insurance agencies   will still have to pay for contraceptives ! 

Catholics will still have to violate their consciences.  The m andate only exempts Religious Organizations, Employers, and Institutions. On the positive side, we know more about Obama.  And so... Here is an argument on the constitutionality of forcing the American public and Catholic Laymen to pay for contraceptives in general.

Politically speaking…

1.)Violation of the Due Process Clause:

"No person shall... be deprived of life, liberty, or property, without due process of law."

• Violation: Since the new law would make a fee for the refusal to purchase insurance, which could be anywhere from $750-$3800 per a family, it would deprive people of "property" without, "due process." That's right Jar Jar, your attempts at destroying society has failed again.

2.)Violation of the Ninth amendment:
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

• Violation: The right of the people to refuse purchase of a product.

3.) Violation of the Tenth Ammendment:

“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.”

• Violation: The power to force people to pay for contraceptives is not expressively included in the constitution. Thus

— bureaucrat,  but is instead one that is up to a vote by you and me! Yay democracy!

In a case where the federal government tried to impose penalties for not purchasing products, The supreme court reported it as a violation of the tenth amendment:

“Justice   Sandra Day O'Connor  

wrote that the federal government can encourage the states to adopt certain regulations through the spending power (e.g. by attaching conditions to the receipt of federal funds, see (South Dakota v. Dole), or through the commerce power (by directly pre-empting state law). However, Congress cannot directly compel states to enforce federal regulations.”

Source:

http://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_States_Constitution#Forced_participation_or_commandeering

Financially Unsound Usage of Tax Dollars

There are many different companies that have to profit from this, insurance companies, Insurance agents who handle the policies, the people who designed the policies, the government. Otherwise, how is the policy supposed to survive? This means that the public is going to pay much MORE for services that we already have available at most pregnancy clinics.  Woooaaa, hold on a second there. We are now going to pay roughly 4 times as many parties for this service now? When has that ever been a good idea?

In my next blog I will dive into the effectiveness of contraceptives and consequences of not only everyone having access to contraceptives — which everyone already does have — but also, the effects of government enforcement on the increased prevalence of sex as a consequence in our country. In the meanwhile, here is a website of the Catholic Bishops analysing the affects of Obama's newly purposed plans to keep you occupied.

http://www.usccb.org/news/2012/12-026.cfm