Randy Barnett has argued that it is unconstitutional over at Volokh Conspiracy.

Unfortunately none of those arguing it is unconstitutional are the democrats that want to vote for it. Some just get a blank look in their eyes when asked where in the constitution the government has right to force me to acquire health insurance.

Even those lawyers that say the current SC would allow this monstrosity admit it would not be constitutional under a fair and original reading of what the founding fathers wrote. But the 20th century SC bastardization of the Commerce Clause allows the twits in D.C. to do anything they want.

Any politician that cannot understand what the tea parties are saying do so at their own risk.

I love that quote from Jefferson.

2 of my favorites:

"The democracy will cease to exist when you take away from those who are willing to work and give to those who would not. "

" I am not a friend to a very energetic government. It is always oppressive."

I really must reread the Federalist Papers.

Every time Congress passes legislation to "help" us, things get worse. From cable TV to health care.

I read that even for those of us still paying private health care premiums, an extra 20%-30% of the cost is due to Medicare - because the government thinks that by controlling the retail end (how much hospitals can charge) they are controlling "costs" - the people paying the premiums are subsidizing the difference - in what the hospitals are losing to Medicare to those paying private (non government) premiums.

It is ironic that most of the people making the laws affecting the rest of us have no experience in the industries they "protect" uis from - let alone business in general.

But then it really is all about control over the people.

We ask the question of Judge Napolitano on my show with Stuart Varney almost daily. Here is the Judge's response. I disagree with the way he equalizes the two parties, but he is right about the end result :

Kiss Your Freedoms Goodbye If Health Care Passes
Sometime before Christmas, the United States Senate will vote on a 2,000 page bill to give the federal government the power to micromanage the health care of every single American. The bill will no doubt pass. It will raise your taxes, steal your freedom, invade your privacy, and ration your health care. Even the Republicans have introduced their version of Obamacare Lite. It, too, if passed, will compel employers to provide coverage, bribe the states to change their court rules, and tell insurance companies whom to insure.
We do not have two political parties in this country. We have one party; called the Big Government Party. The Republican wing likes deficits, war, and assaults on civil liberties. The Democratic wing likes wealth transfer, taxes, and assaults on commercial liberties. Both parties like power; and neither is interested in your freedoms. Think about it. Government is the negation of freedom. Freedom is your power and ability to follow your own free will and your own conscience and enjoy the use of your own property as you see fit. The government wants you to follow the will of some compromising power-hungry politician or some faceless bureaucrat with the mentality of those who run the Post Office.
When I recently asked Congressman James Clyburn, the third ranking Democrat in the House, to tell me where in the Constitution the federal government is authorized to regulate everyone's healthcare, he replied that most of what Congress does is not authorized by the Constitution, but they do it anyway. There you have it. Congress recognizes no limits on its power.
This is the world turned upside down. Everyone in Congress takes an oath in which they swear “to preserve, protect, and defend the Constitution.” The essence of the constitutional impediment in the healthcare bill that the Senate will probably pass is the theft of freedom of choice and the theft of property. Here’s an example of government theft. If you are 20 years old, and have $4,000 in the bank, how would you spend it? Might you take a course at a community college to learn a vocational skill? Might you buy an old pick-up truck and some lawn mowers and start a landscaping business? Whatever you would do with your $4000, the choice should be yours. You have a natural right and a constitutional right to use and enjoy your own property as you see fit.
Instead, if the Senate bill becomes law, Nancy Pelosi, Harry Reid, and President Obama will force you under threat of incarceration to use that money to buy health insurance; something you don’t want and probably don’t need at age 20. Thus, the government is stealing your freedom to spend your money. Under the Constitution, your money is your property; and the Fifth Amendment requires that if the government wants to separate you from your property, it cannot do so by legislation or decree, it can only do so by suing you in front of a jury. We call this Due Process.
But the Congress is afraid of Due Process because no jury would send someone to jail for not buying health insurance. So the law will evade Due Process and evade the Constitution. That should not come as a surprise. Congress doesn't care about the Constitution, it doesn't care about your inalienable rights, it doesn't care about the liberties protected by the Bill of Rights, it doesn't even read the laws it writes.
This is not an academic issue. If this health care bill becomes law, life as you have known it, freedom as you have exercised it, privacy as you have enjoyed it, will cease to be.
When Congress takes away our freedoms, they will be gone forever. What will you do to prevent this from happening?

I just took a relative to the doctor for the 2nd time this week becaus he has pneumonia. He has HMO coverage with a good network. When he called the pulminoligist he was told that the earliest appointment they have is in march.

I commented that if we had Obama care it would have been June.

The system is not perfect but Obama care is not the solution

Jake:

When I was in college back in the '70s and learned that under FDR the SC allowed the government to limit what a farmer could grow for his own use because it could affect interstate commerce, I asked my professor what couldn't the government control. He couldn't come up with anything except they couldn't make us buy a house or stocks.

And now if the crooks in D.C. can force me to buy something I don't want, the constitution is meaningless. We always knew the government felt our income belonged to them - now our lives belong to them too.

'Karen and I continually met cancer victims and their families from Canada, Israel, England, France. All were in America for treatment because their health care systems were inferior to America's.'

Robert, I can't attest to the health care systems in Canada, England, or France but from first hand knowledge I can assure you that health care in Israel is of the highest standards. It rivals the quality of care given anywhere in the world!

Perhaps there are some specific treatments not available in Israel but on a whole the art of medicine in Israel is no less inferior to the states.

More importantly every Israeli citizen is entitled to the best of care regardless of financial status. The Govt. health care system works quite well here in Israel mainly due to the small number of residents and the extremely low pay scale afforded to medical personnel.

I truely doubt that the successful Israeli health care model could work in the states.

Gregg:

Israel's health care system is aided greatly by an unusually high ratio of doctors per capita. If Israelis had the same doctor-patient ratio we have in the U.S. or Europe, the state would be in severe crisis.

The point is the "collective" model never works. You can't make something valuable, in this case health CARE not health INSURANCE, inexpensive or less expensive merely by government fiat and forcing everyone to bear the cost. This flies in the face of basic laws of supply and demand.

Israel has skated the worst of this because the universal demand for health care has not yet been effected as much due to a large number of doctors in the country.