Supreme Court

The Heritage Foundation joined an amicus brief filed in the Supreme Court this week that explains why the procedural abuses that led to the passage of Obamacare and the lack of any meaningful congressional debate over its unconstitutional provisions support the High Court’s duty to strike down the law.

In late March, the Supreme Court will hear arguments challenging the health care law’s constitutionality, including its mandate requiring all individuals to purchase inflated health insurance policies. The mandate forms a key part of the monster 2,500-page bill.

The amicus brief is intended to bolster the case for overturning Obamacare, Heritage legal scholar Todd Gaziano explains on The Foundry:

So what should the High Court do with this mess? It should do its duty, enforce the Constitution, and strike down the law. And what is more, no justice should worry for a second about those in Congress who were not “serious” about their own duty. They have hoist themselves with their own petard.

Gaziano, who was co-counsel on the brief with Heritage scholar and former Attorney General Edwin Meese III, outlines its three key points:

  1. “The brief argues that it would be wrong for the Supreme Court to defer to the independent judgment of Congress when none was exercised. Several Members of Congress argued that the bill, especially its individual mandate, was unconstitutional, and at least three Members cited the 18-page Heritage analysis of why it was unconstitutional. In response, not only did then-House Speaker Nancy Pelosi (D–CA) mock one reporter’s constitutional question with the ‘Are you serious’ snap, she also said that Members would ‘have to pass the bill so that you can find out what is in it.’ The principal sponsor in the other chamber, Senator Max Baucus (D–MT), also admitted that he wouldn’t ‘waste [his] time to read’ the bill. In sum, the sponsors didn’t even read the bill.”
  2. “The brief points out all the procedural abuses (remember the budget reconciliation dodge and the various state kickbacks) that were necessary for the sponsors to squeak out a razor-thin, purely partisan margin in each House. The only bipartisan aspect of the bill was the opposition to it. In short, justices need not worry that they are overturning a broad consensus of the American people.”
  3. “The brief shows that no other major landmark social legislation was passed without wide margins because the sponsors of all those other laws made compromises to address constitutional and other concerns.”

Be sure to read Gaziano’s full summary of the amicus brief on The Foundry.

And be sure to read Heritage’s analysis of why Obamacare is fundamentally unconstitutional and ought to be overturned.

The brief was filed on behalf of the Center for Constitutional Jurisprudence, the Judicial Education Project, Reason Foundation, The Individual Rights Foundation, The Heritage Foundation, Ending Spending, and Former Senator George LeMieux.

Tell us in the comments: How do you think the Supreme Court should rule on Obamacare’s constitutionality?

Comments (148)

Dale Athanas - February 17, 2012

In a perfect world the Supreme Court would throw this entire monstrosity out. My guess is that they will check which way the wind is blowing – can you say socialism? – and vote accordingly. Sure hope I’m wrong.

Vince Adamaitis - February 17, 2012

I never thought I would see the day that the U.S. Government would become the Enemy of the American People and it is now. This “attack” on our rights was done in the dead of night, behind closed doors without any Republican input. Are we now Nazi Germany?

Arthur Mio - February 17, 2012

Obamacare, obviously, should be ruled unConstitutional. Politicians in both parties, and the President, take oaths to protect and defend our Constitution. Is there no recourse when blatant unConstitutional actions are taken? In Congress, what is the job of the Parlimentarian? When it’s the President, who initiates impeachment procedures???

Natalie Dominguez - February 17, 2012

Well they “should” rule it unconstitutional. It worries me that Elana Kagan won’t recuse herself, so I am not at all very comfortable with trusting Kagan, Ginsberg, Sotomayor, etc. to do the right thing. I pray we win this one, and its a shame that the outcome of such a slam dunk case, is so up in the air. Thank God for Heritage.

Bonita - February 17, 2012

The Supreme Court should rule it on constitutional. As two seniors, both retired, my husband and I have experienced some of the loses we must now accept from our medical providers due to the anticipation of this healthcare doctrine. If we are already experiencing the loss of service, what will we lose when it goes into FULL effect?

Mark Hunt - February 17, 2012

This is one of the MANY reasons I support Heritage.

Obamacare is the Trojan horse the left has been building for 60+ years. If it is not thrown out, out REPUBLIC is in deep trouble.

Dan McClean - February 17, 2012

In my opinion, one of the key issues in the law is that the bill passed in the House of Representatives was a Senate bill. According to the Constitution, all revenue and spending bills must originate in the House. Since the ObamaCare law contains revenue and spending measures it is unconstitutional by virtue of point of origin.

Robert Campbell - February 17, 2012

I believe the Supreme Court ought to overturn Obamacare. Then ask Congress to appoint a new committee to draft legislation that would be much more acceptable.

George a. Blair - February 17, 2012

To force anyone to subsidize killing of a human being is outrageous, and this is just what the “morning after” pill does. In addition,to force Catholics to support what they know is immoral ( e.g., sterilization is mutilation of a person) is a blatant violation of separation of church and state. The “compromise”essentially said, “we will not force you to subsidize such things; we will simply make it impossible for you not to do so.” Do they think we are really that stupid? The law MUST be overturned, and only the court can do it.

Ed Bradford - February 17, 2012

Wickard and Raich should be overturned. One created and the other strengthens Congress’ ability to take full control of the lives of Americans. Imagine the scenarios the next time the Government has one party in full control (Presidency, super majority in Senate, majority in House).

Wickard + Raich + Obamacare – means we no longer have rights.

Discard them all.

Chester R. Steffey - February 17, 2012

Rule Obabacare unconstitutional.

Robert Bock - February 17, 2012

The Supreme Court should stand strong and throw this disgusting monstrosity out! At 87 I am old, not senile, this bill is an affront to the American people!

Hal Culberson - February 17, 2012

The Supreme Court Should and Must rule Obamacare null and void. It is aganist the American Constitution and cannot stand.

Jean Keenan - February 17, 2012

I believe the Supreme Court should follow the ruling of the Constitution. That is their duty to uphold the law.

Jean Keenan - February 17, 2012

I believe the Supreme Court should follow the ruling of the Constitution. That is their duty to uphold the law as stated in the Constitution..

Sally Vose - February 17, 2012

The Supreme Court should and must rule Obamacare unconstitutional as a first step toward preserving our represented Republic. That being said though, with everything that Congress is and has done to represent themselves, I don’t hold out much hope that the Supreme Court will rule in our favor.

Bill Traer - February 17, 2012

When the President last ignored the consitution and made appointments without the advice and consent of Congress, he said he “couldn’t wait for Congress”
I wonder what the media would say if Congress were to repeal Obamacare and implement that repeal without Obama’s signature because “they couldn’t wait for the president”

Allen Lambert - February 17, 2012

The Supreme Court should overturn the law. It is one more thing this administration has forced on the people in spite of the Constitution.

Eva Layton - February 17, 2012

The entire Obamacare should be overturned. If it is alowed by the Court this will be the begining of the destruction of our Constitution.

Daryn Kent-Duncan - February 17, 2012

Unquestionably, Obamacare is unconstitutional. The government’s function is to protect individual rights. This legislation, in every respect, is a violation of our rights. It is absolutely NOT the function of government to take care of people, to see that they have health care or take any citizen’s money to pay for anyone’s health care — or anything else.

James E. McMahan - February 17, 2012

Having served in the Infantry in WWII and having observed with my 18 year old eyes what was left of one of the many concentration camps of NAZI Germany, I recognize the path that we’re on. May God help us.

Terry Christian - February 17, 2012

The Supreme Court has a responsibility to uphold decisions based on constitutional law, and therefore Obamacare should be totally overturned. Since Obama has shredded the Constitution, the Supreme Court should take action to impeach. Eric Holder should be charged with murder, and stripped of his status of head of the DOJ, and removed also-but that can be another action on another day. The corruption runs so deep, I’m afraid it will take years to undo this mess.

james - February 17, 2012

In the past we the people have elected people we thought would represent us in Washington…they haven’t!

2010 we the people started to reverse this process.

2012 we the people will continue the weeding out the bad eggs.

Til then you MUST right this wrong call ObamaCare.

Ellis W. Moses - February 17, 2012

No question about it. Should be 9-0 to declare it unconstitutional. However will be 5-4 one way or the other.

Laura Lloyd - February 17, 2012

In a perfect world, this monstrosity would never have been passed. But then, we the people have been allowing constitutional violations for many years now. So, in an alternate real world, we’d have a SANE Congress who would recognize just how wrong it is now and would go ahead and repeal it.

William H Rieckmann - February 17, 2012

Strike down this law! The was nothing Constitutional about this legislation from the beginning, and it is a true attempt to reduce our freedom!

Once again, it is late in the day when pgymies (democrats), cast long shadows!

Debra Anderson - February 17, 2012

Every part of our daily lives, from the food our children eat, the cars we drive, our family planning, religion, and on and on, has been taken over by Obama and his czars. How can young people plan a future when Obama has taken all hope of a future away?

Geraldine Quinlan - February 17, 2012

obamacare is nothing more than another ploy to take over the USA and have him be “the Dictator in Thief”…

Bunty Smithers - February 17, 2012

Obamacare goes against our constitution and
mandating that everyone have insurance is also unconstitutional.

James Rector - February 17, 2012

Repealed in its entirety, I have written all Supreme court justices and told them my opinion, The Commerce clause was not intended to make people pay for something they did not want

Robert Davidson - February 17, 2012

Will the court be ruling on the entire package? Or will it be addressing only the commerce clause as unconstitutional?

Chuck - February 17, 2012

The entire book of life, all the Laws and Words God wanted us to specifically have (the Bible) is only 1500 pages long, I am not sure how 3000 pages in one bill alone is justified. Is sharia law next?

John Rhoads - February 17, 2012

If spending bills originate in the U S House of Representatives, how about simply refusing to pass any spending bills? Stop the madness. This would not create a pretty scene, but it would be much better than all-out civil war which some are quite afraid is on the horizon as we watch individual freedoms being continuously eroded by Democrats and their puppet courts. The spider is wrapping us all in tiny little strands of silk and like the grasshopper, soon we will not be able to break free. It started with seat belt laws!

A. G. Anderson - February 17, 2012

Obamacare is unconstitutional

Joan N. Gursoy - February 17, 2012

When Medicare was passed my mother, who passed on over 30 years ago, said she was so against Medicare. I, as a very young person, asked why she felt so strongly against it. She said because it was the beginning of complete government control. How smart my mother was to see what was going to happen so many many year ago. I’m grateful she has not lived to see what a disaster exists now in our beautiful America.

James E. Snowberger - February 17, 2012

Absolutely SCOTUS should overturn this abomination of a law, if only because Nancy Pelosi said “we won’t know what is in it until it is passed”. Furthermore, those who voted to pass this bill and the president who signed it should be charged with high crimes and treason. None of them performed their sworn duty to uphold and defend the Constitution of the United States of America. If I had performed so negligently while serving in the military I would have been court martialed for dereliction of duty. If SCOTUS supports the law, they too should be removed from office.
Thank you Heritage for taking the fight to the Supreme Court and for supporting those brave Governors who initiated the law suit.

Paul H. Zahn - February 17, 2012

They should throw out the entire bill because it will become another bankrupt Big Federal Government policy with bueauacrats deciding who gets what care.

fred grant - February 17, 2012

obomacare is illegal.though it out and throughoboma out to hes illegal hes a kenyen not american..the supreme court is full of queers now

Kaydell - February 17, 2012

The healthcare law should be overturned and ruled unConstitutional. Then a healtcare plan should be drafted and submitted to the states and each state vote on the plan and that 2/3 majority of the states for it to become law.

Marie Porter - February 17, 2012

Obamacare should of never been put into law. Government has no right to dictate to people what to purchase. If it doesn’t get shot down then we have no Trust in the Supreme Court to up hold the laws of the land. What Socialism how about Communism. We’ve past Socialism by.

Ann Stevens - February 17, 2012

The Supreme Court should find the entire law unconstitutional!

Gary Corbin - February 17, 2012

we are praying that the Supreme Court will rule this monster we call Obamacare as UNCONSTITUTIONAL.
This President has taken us down the long road to going broke, Obamacare will only add to the problem its a mess like we have never seen in the last 60 years. We voted for Eisenhower. Nothing compares to this current administration.

Linda Haughain - February 17, 2012

Obamacare must be declared unconstitutional by the Supreme Court, because it clearly is. America will never be the same if it is in effect.

Melissa McCutcheon - February 17, 2012

I believe it should be ruled unconstitutional. One of my reasons is that the law gives one person (head of HSS) the right to force any action that person believes is right. Both Republicans and Democrats should find this a problem. I also find it a problem that we have one member of the Supreme Court who has stated publicly that the. Constitution is flawed and should be held up against the constitution of South Africa. How can she even be allow a vote?

Phil - February 17, 2012

We are about Freedom, not servitude.
We should have a President, not a Dictator.
Obamacare is Unconstitutional in every respect, just as his support of Infanticide.
Bottom’s Unconstitutional, and should be judged as such

Gregory Lunde - February 17, 2012

Obamacare is unconstitutional and the Robes must rule for freedom. The Heritage Foundation is the most vital resource for our citizens and leaders. Government by, for, and of the “mandates” will not hold up for long. Not even the No Child Left Behind Federally mandated program can find the funding so 11 states now have waivers. Obamacare can’t be paid for either. Conservatives in Congress, the Senate, and the Executive must base laws (and their social and financial costs) on the Constitution.

Phil - February 17, 2012

It’s unconstitutional, and should be judged as such.
We are a free nation (presently), and not a dictatorship.

Wayne Bennetsen - February 17, 2012

The Supreme Court SHOULD rule Obamacare as unconstitutional — but will they?

Teddi Smith - February 17, 2012

It makes me extremely sad that there were enough Congressmen who voted for Obamacare and made it a reality. In my childhood, horror stories like this bill were only nightmares and then, I woke up.
I pray the Supreme Court does the right thing – rule Obamacare unConstitutional!

J. Manning - February 17, 2012

Congress did not do their job ,that is to at least read the Bill before voting on it,there fore the Court has to vote that the law is unconstitual.

Barton L. Hartzell - February 17, 2012

Congress ruled AGAINST the will of the American people when they passed Obamacare, requiring closed -door sessions and bribes to get it passed. As the individual mandate violates the Constitution, the Supreme Court should rule that Obamacare is unconstitutional.

Elbert Palmer - February 17, 2012

They have to strke it down if they actually know what the Constitution says.

william cook - February 17, 2012

Since I do not use Facebook or Twitter, I would like to say in answer to your request regarding opinions on Obamacare……..The Supreme Court should, without question, strike down this leftist leaning , socialist trending, “more government control”, UNCONSTITUTIONAL document.

John Uhrhammer - February 17, 2012

We’re talking about that BIG piece of legislation that the speaker said “Sign it, then after it is law you can read id to see how good it is.”, right? What farce we have for government!.
If government can free choice from anything, it is over stepping its constitutional authority. We, a free people, are supposed to be governed by the will of the governed! We do not choose to have our choices eliminated.
Of course the supreme court ought to find it unconstitutional!

Larry White - February 17, 2012

We pray ObamaCare is found unconstitutional but we remember Dred Scott v. Sanford and this Liberal Court is already up 3 to 0. Supreme Courts are not always…Supreme; We need to help them out! We need them to see and hear us as they ponder our Children’s Future. If We don’t Stop ObamaCare; We won’t Stop Obama! Conservatives, Tea Parties, 912 Groups, We the People, Rs and Ds and Is must show up to HELP THE SUPREME COURT make the right decision. God Bless America.

Charles E. Spence - February 17, 2012

If the Supreme Court upholds Obama Care then Freedom and Liberty as we have known it in the United States of America is over.

Geoge Tripptree - February 17, 2012

What the court should do is find this unconstitutional. What it will do remains to be seen. Kagan will never recuse herself and it will lie with Kennedy to be the 5th vote to kill this. I fear for the country.

Ruth Atkinson - February 17, 2012

There is no doubt in my ind that this law is unconstitutional and that it should be overturned. It is wrong from its beginning.

Myrna Davis - February 17, 2012

When Justice Ginsberg goes to a foreign country and suggests that they not use the US Constitution as a guideline, something is wrong in our Supreme Court, or the vetting process for justices. So how can we trust some of them to adhere to the Constitution?

The health care bill is bad on many counts. One that is never talked about is the “equal protection under the law” clause. Why are government workers exempt from Obamacare? Why are Congress members exempt? Why is the president himself exempt from his own law? Why are there exemptions for union members? To me “universal” health care should take in everybody. No, there was no equal protection, and even on that one point, it should be struck down, aside from the mandate.

Doug Guidotti - February 17, 2012

The Supreme Court should rule against Obamacare and strike it down completely. Given the current composition of the Supreme Court and the relatively even split, I could see a more watered down rendering which would be specific to the law’s mandate section requiring that all individuals must purchase health insurance (even if they don’t want it or can’t afford it). The Court could also take the tact to not even render a decision on the legality of the law’s content, since the mechanics of the bill’s introduction and review process were seriously flawed, and from that standpoint the Court was striking it down and sending it back to the President and Congress for re-consideration.
I also have not seen any indication that there is going to be a legal challenge to Justice Kagan given that she was directly involved in the drafting of the Obamacare bill. She should certainly by now have announced that she was going to excuse herself, given her close involvement in the bill’s creation, and to avoid any possible conflict of interest. I have not seen any such announcment so I am wondering if there are any additonal plans to submit briefs to challenge Justice Kagan on her participation in the proceedings?

Lloyd Harris - February 17, 2012

It’s unconstitutional

Harry Steger - February 17, 2012

Congress (fed gov) only has the enumerated powers listed in the constitution…all others not granted to Congress are reserved for the states. When Congress wanted to collect an income tax, the court ruled you don’t have that power. Thus the amendment to allow it. There is no constitutional power given to congress to require a citizen to purchase anything…regardless of the implied (noble) intent of the act.

Bettie Lorino - February 17, 2012

Obama has little regard for the Constitution. He made “recess” appointments when the Senate was in session and the House, without reading the Obamacare bill, passed it on Christmas Eve 2009 with 4 votes. This president is not upholding the oath he swore in January 2009 to uphold the Constitution. Dictators make promises that give hope to the people and then take over the rights and freedom — just look at Castro in Cuba in 1957. I hope the Supreme Court throws out Obamacare and upholds the original intent of the Constitution.

JOHN BERRY - February 17, 2012

The law is clearly unconstitutional and on more grounds than are currently being challenged. I would like to see the law challenged as in violation of Article I,Section 1, as it gives a broad range of powers to HHS to establish regulations which become de facto law.

Casey Carlton - February 17, 2012

This, at the time it was passed and signed into law, was the biggest challenge to the liberty of the American people. It violates the Constitution, the Declaration of Independence, and the unalienable rights of all mankind.

John J. Drinkwater - February 17, 2012

I have lived in this great country for 73 years. My mother came here from Ireland and my fathers family is from Italy.
I have seen the rise of Fascism , Marxism and Islamic theocracies. Now this country is being run by a bunch of fools, led by a man who has usurped the office of the presidency and who is bent upon the “transformation of this great “republic” into some twisted form of “European Socialism” !
Our “representative republic” is supposed to have a system of checks and balances to prevent this slow corruption of all that I and millions of others hold dear. It is a sad day when we cannot depend upon the defenders of freedom and the Constitution to look the other way and allow this bastardization of this document to continue!

Peter D. Burgess - February 17, 2012

It is obvious, the Supreme Court should strike down Obamacare. The big question is will they do so as the make up of the court is such that it is unlikely to happen. As the “high court” justices move to the left so do their rulings. I have NO confidence in the Supreme Court.

Robert Luoma - February 17, 2012

I hope Obama lives to regret humiliating the justices sitting in front of him at the State of the Union speech a few years ago. Payback by ruling this monstrosity unconstitutional would be sweet.

Gary Green - February 17, 2012

After reading the first 100 pages of the Health Care Bill, I was sick to my stomach and had to stop. I too pray that the supreme court will find the bill unconstitutional. Justice Kagan should excuse herself from the ruling. However, Kagan likely will stay and we all know how she will vote. I also feel America is at a critical point in history as to continue down the slope to no freedom or restore our resolve to take our freedom back. The Heritage Foundation is the start of the process of redemption.

Paul Waldenmeyer - February 17, 2012

When I was younger and in school we read the Constitution, The Federalist Papers, Common Sense, The Rights of Man, etc. All were in clear English. If the current Supreme Court doesn’t throw the whole thing out English must be a second language for them all.

Dean G.Newman - February 17, 2012

It is clear that the legislation in total is unconstitutional even it is only the “mandate” which nullifies all the way the bill is written. It goes without saying that Congress and its leadership performed terribly in not throughly questioning constitutionallity.

Douglas Newland - February 17, 2012

I want to say “God speed” in the repeal of Obamacare and I hope that we will all remember to pray…to fight and never give up until we have secured the survival of our beloved Republic and of our Constitution. We owe it to our fathers…to our children…and to our sacred honor to fight until we have victory. Remember we might lose a battle or two but we can still win the war…if we don’t quit.

Carol Casner - February 17, 2012

The Obamacare farce should absolutely be ruled as unconstitutional. Obama is not the king and he has taken so much power from the people and burdened us with debts we will never live long enough to see repaid. The Court should strike down his outrageous health care boondoggle and get him off our backs.

David White - February 17, 2012

I support with great enthusiasim your amicus brief. Obviously this law is blatantly unconstitutional!

Roger Kennedy - February 17, 2012

I feel it is unconstitutional to force anything on the American people that they overwhelmingly oppose.

Virginia Reaves - February 17, 2012

They should rule that Obama Care in NOT constitutional. This country is lost if that thing passes. It’s not about providing medical care it’s about federal control!!!

Arlene Lennerth - February 17, 2012

Obamacare is not what the American people want, it should be thrown out along with Obama and his spending and his socialistic Hope and Change. It is unConstitutional along with its Death Squad.

Ken Marx - February 17, 2012

Dale Athanas is right. They should throw the whole thing out. Things being what they are today, it seems likely they’ll lack the courage to support the constitution. They’ll cave to the liberal side.

Terry Darakis - February 17, 2012

This was a frat party with the unwilling country getting hazed. I didn’t see any serious government representation in this bill’s passage… only gleeful, power drunk representatives ramming their ultimate pet project down the throats of honest, hard working citizen’s bewildered throats.

Ruby Clark - February 17, 2012

I am sorry for our nation! It is the loss of GOD in our decisions, but mostly for the lack of judgement in the placing of too much power in our President. obama, on 2-10-12 signed an Executive order that made illegal aliens, legal citizens, w/o going through congress. It is called the “dream act” This was vetoed twice by congress, yet obama, one man with one vote, made it legal, with the majority of the American citizens and their elected officials in opposition. obama wanted their votes and he bought them cheaply without considering the consequences. He did it when our attention was turned to the consideration of the payroll tax issue. I say it is time for him to be impeached and cast out of office!!!

Philip L. Perkins, M.D. - February 17, 2012

Thank you Heritage Foundation for filling a brief to strike down the unconstitutional ObamaCare Bill – this by itself has earned my unwavering gratitude for the Heritage Foundation. December 16, 2009, the anniversary of the Boston Tea Party, and the anniversary of the Battle of the Bulge, I organized a candle-light vigil in front of Senator Carl Levin’s downtown Traverse City office in an attempt to enlighten Mr. Levin into voting NO on ObamaCare – he failed to listen. Now we need the Supreme Court to strike down this abomination – a law designed to destroy the U.S.A. as we know it.

Bob Ronning - February 17, 2012

Thanks for helping with the repeal of Obamcare. Our country is already broke and if this healthcare law is implemented we will have to state that publicly earlier than otherwise. I love Bastiat’s comment on debt and currency inflation. It is our present situation.

Arnold Appel - February 17, 2012

I’ve written to John Roberts asking that he consider removing obama from the white house and sending him and Michelle to Guantanamo for life for the things they have done to this country. I get no answer from Roberts or the court. Who is paying these people. Who are they representing. Obama care has to go, but also obama has to go and all his executive orders need to be declared null and void, and the Czars need to be eliminated immediately.

John Higley - February 17, 2012

When both the Congress and the President disregard the Constitution the Supreme Court should be its defender—politics should not get in the way. Strike down ObamaCare in its entirety!
Currently the voice of Heritage is more important than ever!

Joan Coleman - February 17, 2012

There is only one way they can possibly rule on this IF they follow the constitution at all is: THEY MUST RULE THAT IT IS NOT FOLLOWING THE CONSTITUTION. It must be ruled OUT.

Lynda Dunaway - February 18, 2012

Obamacare is clearly unconstitutional. What is NOT clear, is whether the Supreme Court truly believes in the U.S. Constitution.

David Fitzjohn - February 18, 2012

The Supreme Courts responsibility is solely to interpret the law not to rewrite it. Since Obamacare is blatantly in violation of the constitution it should definitely be repealed. Implementing it in 2013, after elections, is political bullsh__!!! How dumb do they think we are? And beyond this, if Pres. is proven to be a none USA citizen, based on new info getting around, everything he has signed into law should be deemed null and void. Time for a good housecleaning of all the cronies and getting term limits put into effect across the board with no grandfather clause. To much corruption and back scratching going on.

Tonie - February 18, 2012

The Supreme Court should of course rule it unconstitutional if they use the Constitution as the rule of law that they should follow. But of course, they will follow obama down his socialist path – he never had any intention of honoring his Presidential Oath.

Daniel Kormanik - February 18, 2012

The Supreme Court has a duty to strike down Obamacare as unconstitutional for four reasons:
1) Because it changes the very nature of Federalism
( how the U.S. Constitution says our federal government will operate) as a limited Federal government. And it does this without giving the American people a vote via a National Constitutional Referendum.
2) Obamacare was designed to circum-navigate the U.S. Constitution and the soverignity of” We the People” and the majority vote and to…in a defacto manner, create an government that is soverin like England or Germany. and then impose socialism by the back door.
3) Both President Obama and Congress ignored the 68% majority of Americans who did not want Obamacare, and imposed it anyway denying all taxpaying citizens a vote on this issue. The end result of which created an unlimited Federal Government.
4) Congress Voting for Obamacare as it was written was in violation of their oath of office to “protect and to defend the U.S. Constitution which is our “First Law of our Land”. Upsatging or circumnavigating the constitution certainly is not defending it. What else needs to be said?

Daniel Kormanik - February 18, 2012

Look who wrote the law behind closed doors, Not Congressional aides as claimed. But SEIU and AFL_CIO operatives. What the heck is that? Why would any Congressman vote for that kind of corruption? What debate? And most of all spite of a 68% American majority against such a law dictating to the American people.This is not “constitutional” , it is tyranny pure and simple.

Russell Lyons - February 18, 2012

Most of what the Federal Goverment does is UNCONSTITUTIONAL and thar bodes poorly for the survial of the Republic. We now live under the rules of the “five” not the constitution and who is to say what that is? I can only hope some five judges reject this unvetted 2500 pages.

Ramon Villegas - February 18, 2012

Obamacare is NOT only unconstitutional, the Supreme Court should rule it an impeachable event for ALL who voted for it.

Steve Biller - February 18, 2012

The “quote” Health Care bill is not really about health care, it’s about control.We have lost so many freedoms already from it. If we are to remain a free country it must be repealed, De funded or what ever it takes to abolish it. It’s a very dangerous piece of legislation.

Bob Spencer - February 18, 2012

I believe the fact that once again these so called leaders have specifically exempted themselves from this mess tells you all you need to know. These people are so disingenuous they should all be thrown out.

Benjamin Horne, III - February 18, 2012

Unconstitutional…. If government can mandate purchasing healthcare, what is next ? This sets a very bad precedent…

Gilbert Gervasi - February 18, 2012

Thank GOD for The Heritage Foundation and others like it for standing up to this monstrosity called O’Bama Care. I believe the president is hell-bent on changing this country into what he sees as the “idealized” socialist
countries (perhaps even the communist countries) of Europe, et. al. both economically and socially and, unforunatley O’Bama care is just one on many examples of this. I just pray that some of the Republican congressmen that we voted into office will develop the courage that the Heritage foundation constantly shows and would stand up to the president when he consistently, and with apparent imprunity, violates our Constitution, which thousands of brave men and women over the past two hundred years have been killed and wounded for life to uphold. I believe we are at the most serious crossroad in our history, and all of our rights are all under very serious threat. It is time for a great leader to emerge and lead us out of this dire situation and, unfortunately, as yet I don’t see this leader on the horizon.

Elisabeth Kokes - February 18, 2012

The Supreme Court should rule Obamacare unconstitutional and throw it out.
We do not want a NANNY STATE!

John Szeker - February 18, 2012

Obamacare should be declared unconstitutional by the Supreme Court. However, I am concerned that our conservative justices will be so pressured by the liberal, commie justices that they will not do their duty to uphold the law, and will be more concerned with retaining their own justice positions and will not declare the entire law unconstitutional. I think they will be concerned that if Obama gets re-elected, which is looking more and more possible as the Republican candidates destroy each other, then obama will stop at nothing in getting more liberal justices on the Court and the conservative justices will be rendered pretty much ineffective in the future. I think obama will even go so far as to have the conservative justices so smeared and destroyed by his liberal media that they will be forced to resign. God save us if he gets re-elected.

Richard Weller - February 18, 2012

Any Justice that does not vote to overturn Obama Care either does not know the Constitution or does not believe in our Constitution.

Helen Tillis - February 18, 2012

The Supreme Court should strike ObamaCare down as unconstitutional in its entirety. The Administration knows it – the whole world knows it!

Virginia Newman - February 18, 2012

Since when is it constitutional for the minority party to be excluded by the majority party as it determines a law’s provisions in secret meetings? Never — until Obamacare. Or take over states’ authority over insurance companies? Or take away individual choice in regard to buying a product? Only since Obamacare. This law is encrusted with corruption and unconstitutional requirements for our nation. If it is not struck down by the Supreme Court, I shall lose respect for the Court as surely as I have lost respect for Congress and President Obama. Obamacare showed us who and what the legislative and executive brances are. I pray the Court will set them straight.

Robert Small - February 18, 2012

Obviously this bill should be ruled unconstitutional. We can only pray the supreme court has enough votes to do what is right for the American people.

james s. carlyle - February 18, 2012

I have no use for this law and despise the way it has been forced on the citizens of the USA.
Do you have a critique more recent than December 2009?

James foster - February 18, 2012

Obamacare should be ruled unconstitutional and erased in its entirety. My fear is it will not but will end up with yet another version, more confusion,more litigation,more waivers, a bad law worse and further advancing the left agenda. Morals cannot be legislated.

Judith Weiss - February 18, 2012

Obamacare needs to be ruled unconstitutional. If the SC rules in favor then we have truly lost our country.

Ed Pantaloni - February 18, 2012

Am afrqid that the USSC will up-hold oCare based on the Fed Govt’s role in the common good.

I would like to see it declared unconstitutional but costructionalist judges are the minority.


L. B. - February 18, 2012

Obamacare must be thrown out as unConstitutional. We are in deep trouble with our current crop of Politicians. Is anyone holding to the oaths they have sworn? Thank God for Heritage and the young conservatives coming on board. We need their staying power and committment to win what appears to be a long fight. As a senior I have limited power and resourses with which to fight these attacks on our rights and freedom. I urge those 12,000 at CPAC and others to continue to push back at every opportunity.

Mary Ellen DiPonzio - February 18, 2012

So glad that there are responsible men and women who can address the situation in which our present administration has the put the nation.
The blatant abandonment of the U S Constitution has to cease.

Jim Keller - February 18, 2012

If the U.S. Supreme Court rules by The Constitution of the United States on ObamaCare the ruling has to be unConstitutional. If not then our country is not longer governed by the people for the people and will fall prey to a marxist/socialist government. God forbid this should happen to our country which was built on freedom and independence provided by the Constitution establishing the rule of law. Obama appointments Kagan and Sotomayor may not follow the Constitution which is a big concern however I pray they too will follow their oath of office to uphold the rule of law. Thank you Heritage for filling your legal brief.

Gary Cave - February 18, 2012

Obama and his liberal minions in congress went too far in their hatred for the constitution and the U.S in general as we know it. I am confident that the conservative constitutionalist majority of the court will rule in favor of the 10th amendment, thereby allowing the “several states” and localities to determine who has insurance. Congress and Obama need to be held accountable (liable) for their procedural injustices, but that’s another matter. Former Sen. Barry Goldwater’s book “Non Dare Call It Treason” comes clearly to mind!

James Bronson - February 18, 2012

Hope we have enough of the “white hats” in the Supreme Court to overturn this monstrosity that has most of the citizens and businesses of our USA in a state of confusion and anger. We have already experienced price increases in our healthcare bills.
Kagan should definitely not be in on the decision because of her role before coming on the court.
Keep up the good work of Heritage,

Linda Kollars - February 18, 2012

Any rational American knows this should be thrown out,
but when one of our “Supreme” court justices tells
other countries not to look to our constitution when
drafting their own, you know which way the wind is
I do however, believe in miracles!
Hopefully, after we throw out the present “occupier” of
the White House, they will get the message.

Pamela Luttrell - February 18, 2012

Freedom is choice. Each new facet of this bill that comes to light reduces your choice and thereby your freedom. This :Obamacare” was supposed to lower the cost of medical insurance, but instead the cost is higher, the care is lower and we have entirely lost our freedom of choice, wherein medical care is concerned. If the Supreme Court does not rule the entire bill unconstitutional the door is open for more of the same in every area of your life. You can see it happening already, look at the requirement from the USDA for what you must include in your child’s lunch box. Next thing you know some government agency will be deciding your child’s every need. I am a bit disappointed that this House of Representatives has not cut the funding for this bill until such time as the court can rule on it’s constitutionality.

James Hibbert - February 18, 2012

I am in complete agreement. If the court is to protect and defend the constitution they have no other option than striking down this unconstitutional assault on our liberty.

Tom Lanners - February 18, 2012

Thomas Jefferson’s greatest fear was an unbridled Judiciary.

That being said, the Supreme Court should rule O’Bamacare
unconstitutional. The majority of Americans do not want it, and there is no Constitutional authority for it.
Will the Supreme Court do the right thing, I have my doubts. Does it mean it is the law of the land, of course not, the Judiciary is supposed to defer to the will of the people. The American people do not want this Governmental intrusion and control over their individual right to determine their own health care choices.

Robert Seklemian - February 18, 2012

The individual mandate with penalty attached is clearly unconstitutional. Otherwise, there would be no limit on what citizens could be forced by government to do. lndividual freedom would be abolished.

Gregory Rice - February 19, 2012

With Ginsburg, Sotomayor and Keagan on the Court, all of whom would be for Obamacare, we could be in a lot of trouble. These three know that Obamacare is unconstitutional but would vote in favor of it anyway. Unfortunately, our Country has suffered liberals throughout her history and will, regretfully, have to overcome their mistakes again and again.
Let us not become fearful or discouraged.

Jeff Yetter - February 19, 2012

The steady and continuous usurpation of Constitutional power by this entrenched group of liberal moles must stop.The sheer physical size and written scope of this act should alone be sufficient to arouse a negative reaction in any rational person. How could it, for instance, be helpful to anyone suffering from cancer, when it is a cancer in itself?

Dan Stoettner - February 19, 2012

Obamacare should be ruled un-constitutional!

Marian Mather - February 19, 2012

THANK YOU Heritage for writing such a clear and succinct explanation of why Obamacare is blatantly unconstitional. Especially the explanation of the Commerce clause, regulating a class of activity, and the ludicrousness of Congress trying to regulate the “inactivity” of not purchasing heathcare under Obamacare. If they can do this, Congress can force us to buy the worthless Chevy Volt! I also agree with the comments and grave concerns voiced by others who have commented before me…

Joe Collins - February 19, 2012

Obmacare is without a doubt, unconstitutional…it must be overturned….The republic needs to hear and re-learn what America,, provides that the rest of the world does not offer…………….(This includes the UN)
The President, Congress, Judges, Military all take a oath to uphold the constitution….We must have more meaning and power behind that oath……We must establish that if/when the oath is violated,,(a fair hearing) and removal of office..when guilty…..
Schools, must show the Delcaration of Independence and the constitution in truth and value…(Heritage Foundation,, big part here)……Monoplies are a violation of the constitution in any form…one obvious monoply today is the oil industry…oil should not be dumped into one barrel for the stock market to set one value….Public property mineral rights,,, belong to the public,, oil companies should be contracted to bring in oil and refine,, however the product belongs to the public and should not be on the open market… private oil from private lands maybe on the open market….We have other problems,, where government dept. over-ride the constitution….such as the FDA, EPA, ect…bottom line,, we must give more power to our founding document,, to remove from office any all violators…

John H. Field - February 19, 2012

In addition to its other offenses, both in content and in the process by which it was approved, according to Rep. Bachman, the bill illegally includes actual appropriation of funds ($1.05 billion) from future budgets for implementation.
Also, if approved by the court, it provided the worst possible precedent for the presentation and processing of future legislation.

Rusty Abq. NM - February 19, 2012

Thank you and Congratulations to the Heritage Foundation and its’ learned scholars for standing up for our constitution and rights. What is happening in our country to the rule of law is a travesty and I am so proud to be associated with Heritage because they are standing up for the majority of “small folks” in this country who are looking for someone to “champion” our thoughts and views with authority. Thanks for all you do, keep the pressure on.

Jackie Fleming - February 19, 2012

The first and worst thing that Congress did was never read the bill before passing it. In my opinion, Nancy Pelosi should stand for impeachment for not seeing to it that the Obamascare bill was read by each and every Representative. That, in itself, should make this an unconstitutional document.

Lyle - February 19, 2012

One mandate leads to another and another and another. What’s next?? If for no other reason to quote Pelosi: “We’ll know what’s in the bill when it’s passed”: in other words no one read the bill…enough said.

Lyle - February 19, 2012

It’s an economic disaster waiting to happen and will destroy the best health system in the world. Ask my doctor: he already stopped taking new medicare/medicaid receipients and imposed a $39.00 a year office fee because of massive increases in government paperwork.

Benjamin H. Foreman - February 19, 2012

If the supreme court upholds obamacare to be constitutional then a future congress can outlaw high heels (foot problems), bathing suits (too much skin exposed causing skin cancer), floppy hats (same reason), and on and on. Once Pandora’s Box is opened where does it end?

Jane Figueiredo, Michigan - February 19, 2012

If Obamacare is fundamentally unconstitutional, what are the non-recess recess appointments of Obama but in-your-face unconstitutional? How about a senator (Reid) saying that he will put to a vote 90 more unconstitutional recess appointments? I guess our “leaders” in congress accept it all, including pleasantly seating a senator who won with hundreds of votes by Mickey Mouse and Donald Duck (Al Franken.)

Wake up, States! Our only hope is for states to strictly not accept rules and mandates….and MONEY flowing from unconstitutional actions, and possibly withholding funds flowing to federal coffers. That includes rules and demands flowing from UN Agenda21, which are the result of unconstitutional local government negotiations and agreements with a foreign power. The federal government has given money to states and localities to put that into place too -John Boehner helped them do it. Boehner also funded Americorps, training a growing army of young pro-government lackeys, when he could have stopped it entirely. Our Washington Republicans are a large part of the problem, wilting and fainting at executive branch unconstitutional overreach but rolling over and going right along with it.

Tom Wood suggests a citizens group of constitutional scholars in each state, picked from those who strictly do not feed at the government trough, which gets together once a fortnight to review federal actions and advises the governor which are unconstitutional and subject to nullification by each state, citing the 10th amendment. We currently do not have the mechanisms in place to protect ourselves from judicial tyranny and federal overreach.

Trip Jones - February 19, 2012

It is precisely because of reasoned arguments like this and their agressive defense…that I financially support The Heritage Foundation!

Thomas Little - February 20, 2012

If the Congress can deem the bill as passed, the Supreme Court should have the ability to deem this unlawful power grab as Unconstitutional.

Dietrich Buss - February 20, 2012

Among the shenanigans that should be in the amicus brief is the the way Obama bought off the Bart Stuupak and the pro-life Democrats. This bill would have failed in the House had not Obama signed the sham executive order giving cover to Stupak and his band of hold-outs. Stupak’s vote put Obamacare over the top. Obam’s executive order was meaningless. but it got him the last vote needed to pass this monstrous legislation.

Sheila Bamford - February 20, 2012

Obamacare is an Obamination to the Constitution of the United States, as well as to “Free Choice of the People”, and must be struck down or the precedent this disregard for the Constitution of the United States with Obamacare will open the gates to tyranny in this country which our Founders were very careful to frame a government with checks and balances to stop such outright tyranny.

Martha Wright - February 20, 2012

Obama Care – unconstitutional and invasive

Risa Killingsworth - February 20, 2012

Absolutely, Obamacare should be repealed. If the federal government can force us to buy health insurance they can force us to buy anything else. This is an overreach of government that has to be stopped!

Linda McLaughlin - February 20, 2012

There is no question in my mind that ObamaCare is unconstitutional!

Richard Bullock - February 20, 2012

I have not read this “law” but have wondered what definition of lawmaking the founding fathers envisioned. The healthcare bill as I understand it, is basically a hunting license for the HHS department to go find out what is going on in the healthcare industry. Once the agency beaurucrats convert this information into hundreds of “rules” that in fact become the “law” that congress presumably passed. The results are not regulation of a field of commerce, they are a takeover of the fundemental design of what constitutes the health care “product” portfolio. The female contraceptives fiasco is a prime example. Providers are told what they must supply, what they must charge (zero) etc etc. This is effectively “operation” not regulation of a business…. also unconstitutional. But all these illegal specific are put together by GS 14’s and above, not by elected legislators.
Clearly the mandates do not end with the payment of fees by citizens under this “law”, every “rule” in it is a mandate in someone’s view.

Rick - February 20, 2012

The Supreme Court should definitely overturn this obamanation(sp…) of a piece of legislation. If this overreach of our government is not arrested, and soon, I fear that my children and/or grandchildren may experience a revolution. If Justice Kagan does not recuse herself, articles of impeachment should be brought against her for a direct conflict of interest!

John Marshall - February 21, 2012

The fact that the Madamn Speaker stated that to be able to read the bill you have to approve it is sufficient enought to throw it out and her along with it. It is unconstitutional and the Supreme Count should so declare it that way. This country is headed for a dictatorship if this keeps going.

John Rich - February 21, 2012

As has been stated already, this legislation is unconstitutional!!! The Supreme Court should throw it out in it entirety. However, with judges like Kagan (who refuses to recuse herself) and Ginsburg ( telling those that are writing Egypt’s new constitution that the U. S. Constitution is not a good model because of her disdain for the doccument) on the court it may be a close decision. Lets have faith that good old common sense and proper understanding of their duties to defend the Constitution wins out on this one!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Jay Bezdek - February 21, 2012

The court should overturn it in its entirety!!

Gordon Shaw - February 21, 2012

Strike down the Obama Health Care Law and stop all of this foolishness by the President. i never thought I would live to see our country in such disarray!!!!

David H Brown - February 22, 2012

I think the supreme court should strike down the complete “health care bill”, unanimously!

Jan - February 25, 2012

I believe the High Court should overturn the mandate. And, since there is no severability clause, the entire bill should be struck down. I am concerned, however, that what the Court should do, and will do, may be two different matters.

Larry Stewart - February 26, 2012

My father who practiced medicine for over 40 years always warn me of socialized medicine which the Obamacare is all about. Congress action on passing the bill went against the will of the American people and by requiring all to purchase health insurance and mandate how our future health care will be controlled is against the principles of a free society. The Supreme Court show rule that Obamacare is unconstitutional.

tony - March 14, 2012

I thought from day one that Obamacare was unconstitutional , as to how the Supreme Court will vote is another matter. As of late I have taken another view of the S/C. As important as this issue was, it took over 3 years to find its way into the S/C, then the count takes a 3mos vocation, knowing every day gone is another day this program roots are digging deeper into its system—–which means we can never go back. Fifty years from now people will be laughing at these members of the S/C…not funny !

Prayerful Intentions - March 27, 2012

My dear people, please pray that almighty God will move this court to overturn this assault on freedom. Our prayers are surely heard and our benevolent God will defend us if asked. Try it.

James L. - March 29, 2012

The Obamacare Bill is both unconstitutional and unsustainable; it should be repealed completely!

Frank Luarde - April 4, 2012

The government should not even be in health care. It is not their business. They are supposed to keep things running and stop violators of the rules of proper conduct.
Obama and the liberals have always worked to enslave the masses and be in total control. Not Here! We have a president who says he was a constitutional professor. Like I am the Lord God almighty. This man is ruining a wonderful country (in spite of our faults, which need our attention). He should be seriously and aggressively investigated. He is taking the office to higher levels of disrespect than any prior president. They have all tried, but none have suceeded, and neither will he.

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