by Michael Connelly
Mr. Connelly teaches law, including constitutional law, through Education to Go, an online company that provides courses to numerous universities. The author of three books and publisher of a website, he resides in Carrollton, Texas, and can be reached by email.
On August 12, 2009 I posted my first article on this blog. I declared that I had read all 1100 pages of HR 3200 that was the initial version of the proposed health care bill and I found that it was unconstitutional for a number of reasons. Among those reasons was my conclusion that Congress was exceeding the powers it was granted b y Article 1, Section 8 of the Constitution. My opinion never changed as new versions of the Bill were introduced and when the final 2700 page version was passed by Congress I stated in my blog that it was unconstitutional because Congress had no power to force Americans to buy anything including health insurance.
Immediately after writing the initial article I began receiving ridicule from those on the left who called me various names and said that my arguments were outlandish since the Congress was granted the power to regulate anything it wanted under both the Commerce Clause and the General Welfare Clause. I disagreed and today a Federal Judge in Florida has declared the entire health care law unconstitutional and null.
It made this decision in a suit filed by the Attorney Generals of 26 states. He stated in his opinion that the Congress does not have the authority under the Constitution to impose the “individual mandate” that would make every American have to buy insurance. He also ruled that since this requirement is the heart of the law and since there is no severability clause in the legislation that would allow only part of it to be ruled unconstitutional, the entire law is unconstitutional.
This is great victory and comes on the heels of another ruling by a Federal Judge in Virginia that also found that the individual mandate violated the Constitution. Although this case will ultimately go to the U.S. Supreme Court I am confident that this decision will be upheld. However, I would encourage everyone to contact their U.S. Senators and urge them to join the House of Representatives in repealing Obamacare now. It should be pointed out that those who voted for it have already violated the Constitution by passing it and they will be held accountable by the voters if they allow it to continue as the law.
