Recently,  U.S. District Court Judge Roger Vinson ruled that the Patient Protection and Affordable Care Act is unconstitutional.

Legal challenges to the Affordable Care Act distill primarily into an attack on its individual responsibility provision (also called the “individual mandate”), which requires Americans to maintain a minimum level of health insurance coverage or pay a tax penalty.

If Congress can enact the individual responsibility provision, Judge Vinson wrote, “Congress could require that people buy and consume broccoli at regular intervals….” And last month, Ohio Attorney General Mike DeWine told FOX News, “if [Congress has] the power in the Commerce Clause to do that, they could decide it is in the national interest for our health for everybody to exercise 45 minutes a day or eat spinach every day.”  Unsaid, but equally possible, is the alarming possibility that  it could require us to have sex every day, and force every citizen to take Gas-X every morning before work or school.   It could also require us to never reuse underwear, disposing of them after each use, and require anyone out intermingling with the public, to have bathed within the most recent four hours, used deodorant, and be well sprinkled with cologne.  It could also require us to dress in corporate style, with men wearing ties at home like Mr. Cleaver.   Did I mention it could even require us to have sex at least once a day?

The point of the above exercise, as well as the one below, is to prove that simply saying one thing will lead to another, doesn’t make it so.  Somewhere along the line there is a point at where a statement crosses the bounds of credibility.    Of course, having Congress mandate every American has health insurance could open the door for a daily sex ritual, … “could” … but  nah, … it won’t happen.   That is the fallacy underlying the entire argument that mandated Health Care is unconstitutional.

Of course, keeping a proper perspective, out of 678 district judgeships,  only 2 have declared the law to have problems.

Their attention has been primarily focused on the Commerce Clause, Article 1, Section 8.

What hasn’t been mention, are the other parts of the Constitution which support the ability of the President of the United States (as well as Congress), to mandate everyone pay for health care in order to keep our nation competitive with those other nations..

I will list a few:  (of course remembering that upon the  slippery slope of argument,…jumping from eating broccoli to having wild sex can happen in an instant)  That technique works for both sides.

Article I: Section 1

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Simply put: if Congress passes legislation, it IS the law of the land, provided it can pass a challenge in the supreme court. The Congress passed the Healthcare vote last year. Great weight must be given to anything Congress passes as being the true “will of the people.”

Article I: Section 7

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it.

Again, the Health Care Bill did pass this test; substantially a majority of Americans voted for Democratic representatives in 2008 expressly to pass this piece of legislation, and it did get passed with over 60% votes in both houses.

Article I:  Section 8

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.

Explicitly aimed against the argument of Judge Vinson. The Constitution does give Congress the ability to mandate a financial judgment against those who refuse to insure themselves, thereby costing the rest of us $43 billion, (spreads to $132.30 for every single American) especially for this very reason, ….. because it directly impacts “the General Welfare” of every American citizen.

…. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.

If Congress can regulate commerce with Indian Tribes, it can certainly deal with Mutual of Omaha versus Farmer’s Insurance. lol.

….To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections.

A little playful tug to those partisan Republican attorney generals who in their own self interest, chose to ally themselves to the benefit of their party, instead of the Americans they are sworn to represent. Congress does have the right to put down insurrections.

….To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

The Constitution gives Congress the right to mandate insurance, … if that is what it deems is necessary for the General Welfare of those who elected them into office. Every Democrat vividly remembers that health care reform was an overriding factor in giving them victory over Republicans in 2008. This law fulfills the mandate they were given by those voters. If paying a penalty is necessary to fulfill the mandate they were given, then, Congress has the right inherent in this Constitution, to do so.

Article I: Section 10

No State shall enter into any Treaty, Alliance, or Confederation;

The alliance of Republican attorney generals is on just as equal footing as an alliance of Mason attorney generals, or KKK attorney generals, or pedophile attorney generals, or Moose Club attorney generals, or Willy Wonka fan attorney generals, or tree hugger attorney generals, or democratic Biden family attorney generals, or …. Jimmy Buffet music fan attorney generals… These few Republicans filing suit over the health care law, are using their public position to foster a private agenda.

…No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports.

(This is a stretch but I’m taking it). Health care, whether mandated or not, is something all of us will one day use. Ironically, reality dictates that we will one day be mandated to use health care, even though may or may not, be mandated to pay for it! If health insurance is cheaper in New York than Alabama, … that constitutes as the equivalent of a duty against the citizens of one state, from buying the product of another state. This is equivalent to those troublesome trade arrangements springing up from the Articles of Confederation, against which the Constitutional convention was convened to address.

...No State shall, without the Consent of Congress,… enter into any Agreement or Compact with another State, or with a foreign Power.

Again, …the compact between attorney generals intent on overturning affordable Health Care for everyday Americans, is in itself, more of a Constitutional crises than the mandate to require all citizens to have health coverage. These compacts between Republican states, are illegal.

Article II; Section 1

The executive Power shall be vested in a President of the United States of America.

Simply put, we should be moving forward with this law that was legally passed by Congress and signed by a president; not using the personal vendettas of 2 eccentric judges out of 678, to run the country.

Article IV, Section 1

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.

Translated, this implies we need a Health Care law that is the same for each and all states. This clause of the Constitution insists it needs to come from Congress; not the individual states. Not all states may like it; especially if they are Republican. But, if those elected to Congress so deemed it their responsibility to better the health care of every American. Since Republicans could not come up with Health Care ideas, the Democrats stole their old health care bill, got it passed, and signed.

Article IV, Section 2

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

Alabamers have the same rights as do New Yorkers. Alabamers are not second class citizens, even if their own senior senator thinks them so.

Article IV; Section 3

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States;

Congress has the Constitutional right to impose the “needful” Healthcare Reform Act upon the states.

Article IV

…This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding
.

The Constitution is supreme law of the land. Back when Thomas Jefferson was the President of the Senate during the 5th Congress while Jonathan Dayton, the youngest man to sign the United States Constitution, was the Speaker of the House, they passed legislation requiring mandated health insurance on all maritime workers. If these two founding fathers had no problem passing legislation that mandated health insurance, then it must be considered that those Republicans who have a Constitutional problem with it, are nothing more than activist judges, legislating from the bench….

Amendment XVIII

After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

This one time, when Congress mandated and got it SO wrong, the weight of that Congressional approval overrode all dissenting claims of it’s overreaching. Enough states ratified it and it became law.

AMENDMENT XXI
Section 1.

The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Cheers!