Obamacare And The Constitution

As the Democrats continue their secret negotiations on healthcare, Betsy McCaughey takes a look at the bills they are working with.  She posted an article today in the New York Post detailing which parts of the bill are unconstitutional.

This is a short summary of her article:

• Section 3403 of the Senate health bill, which establishes a commission to cut Medicare spending also says that this law cannot be changed or repealed in the future.  That represents one Congress telling a future Congress what they can and cannot do. 
• The amendment that allots $100 million to an unnamed facility (Sec. 10502, p. 328-329).  Why is the facility not named?
• The Senate bill (pages 320-324) says the interstate commerce clause of the Constitution provides the authority to require you to purchase health insurance.  There are some questions as to whether or not that is true.
• The Senate bill makes you enroll in a plan and then says that only doctors who do what the government dictates can be paid by your plan.

Finally Ms. McCaughey points out:

"Finally, the "takings clause" of the Fifth Amendment bars government from taking your property without compensation. It should protect everyone, no matter how unpopular -- even insurance companies, but Congress ignored it in writing the health bill. The Senate version goes beyond reining in insurance-company abuses, a just cause, and actually caps insurance-company profit margins at well below current levels, robbing shareholders."

Hopefully, if this bill passes, it will be immediately be challenged in court.  If it is allowed to stand, it will seriously erode the freedoms of the American people.