Obamacare constitutionality?

Obamacare constitutionality?

The Affordable Care Act was recently declared unconstitutional in a Texas court.

Obamacare architect Jonathan Gruber defended his healthcare bill after it had been ruled unconstitutional by a Texas federal judge.  In a CNN appearance 12/15/2018, Obamacare architect Gruber, who said in 2013 that Obamacare’s passage depended on the “stupidity of the American voter,” now claims the US Supreme Court will not understand the Constitution.  He said “The Supreme Court clearly does not represent the constitutional expertise of the broad Senate constitutional experts, …” (source).   Gruber also told us in 2013 that “Lack of transparency is a huge political advantage.” in passing of the Obamacare law.

In 2012 The Supreme Court declared that Obamacare was constitutional as a tax. (National Federation of Independent Business v. Sebelius).  Because it was a tax.     This is very similar to why Social Security is also valid as a tax.  For the long sad story on SS, read my essay Things The Government Forgot to tell you about Social Security.

Here are my notes on Socialized Health Care.

Forced health care is not insurance. Socialized medicine is not health care. Don’t be fooled by a government created health care crisis.

Socialized medicine cannot work. It has already reduced America’s infant survival rate to 35th in the world (38th on the UN list) and American’s life expectancy to 31st.  And childbirth deaths of American moms have reduced our survival rate to 46th in the world.  Our downfall started in 1986 when Congress passed the Emergency Medical Treatment and Active Labor Act to force hospitals to give away their best services.

Government has a right to regulate what it funds. This gives them jurisdiction.  Once you volunteer to receive government regulated health care, they have the authority to limit what they fund.  Government health care is voluntary — you can still get private health care or private insurance.  If you think others should be forced to pay for your problems, then you just might get what you deserve.  Limited resources must be rationed. Socialism cannot recognize individual rights.

Socialized medicine will only bring the same misery that exists in every country that tries it. For example:

  • in Britain, 6% of the people end up pulling their own teeth.
  • In Canada, it takes 6 months to a year to get a MRI scan while your aggressive tumor is growing, and until the scan confirms your “tentative diagnosis” you cannot get onto another long waiting list for treatment.
  • Britain has socialized health care. Hospitals make millions euthanizing patients. Link.  Their Doctors can even add the words “without consent” to Do-Not-Resuscitate orders.  Link.
  • The document Shattered Lives has one hundred horror stories of the misery promised by socialized health care in Britain, Canada, Australia, Japan, Sweden and New Zealand.
  • Hitler was a socialist. He had a solution for useless eaters.
  • China has death vans. 24 death vans in every big city. http://www.dailymail.co.uk/news/article-1165416/Chinas-hi-tech-death-van-criminals-executed-organs-sold-black-market.html
  • Invito beneficium non datur. No one is obliged to accept a benefit against his consent.
  • Omnes licentiam habere his quae pro se indulta sunt, renunciare. All persons shall have liberty to renounce those privileges which have been conferred for their benefit.
  • Amish will never get insurance because it is proof that you don’t trust God.
  • Obamacare is not mandatory. Federal Law Title 42 USC § 18115 – Freedom not to participate in Federal health insurance programs.

The U.S. Supreme Court determined:

“The underlying basis for the doctrine of informed consent is a patient’s right of self-determination, the right to intelligently decide whether to choose or decline a particular medical procedure. — Union Pacific Railway Co. v. Botsford, 141 U.S. 250, 251, 11 S.Ct. 1000, 1001, 35 L.Ed. 734, (1891) and Acuna v. Turkish, 192 N.J. 399, 414, 930 A.2d 416 (2007)

Don’t volunteer. The nice men in the white lab coats might take you to the Obamacare death panel.


Benjamin Rush, a signer of the Declaration of Independence, during the Constitutional debates in 1787:

The Constitution of this Republic should make special provision for medical freedom. To restrict the art of healing to one class will constitute the Bastille of medical science. All such laws are un-American and despotic. … Unless we put medical freedom into the constitution the time will come when medicine will organize into an undercover dictatorship and force people who wish doctors and treatment of their own choice to submit to only what the dictating outfit offers.”

President Franklin Pierce in 1854 vetoed our nation’s first health care bill — a bill to help the mentally ill. His veto said

“I cannot find any authority in the Constitution for public charity…. [this] would be contrary to the letter and the spirit of the Constitution and subversive to the whole theory upon which the Union of these States is founded.”

And Congress cannot impose health care costs on employers according to the US Supreme Court in Railroad Retirement Board v. Alton Railroad Co. 295 U.S. 330:

“The catalog of means and actions which might be imposed upon an employer in any business, tending to the satisfaction and comfort of his employees, seems endless. Provision for free medical attendance, nursing, clothing, food, housing, and education of children, and a hundred other matters might with equal propriety by proposed as tending to relieve the employee of mental strain and worry. Can it fairly be said that the power of Congress to regulate interstate commerce extends to the prescription of any or all of these things? Is it not apparent that they are really and essentially related solely to the social welfare of the worker, and therefore remote from any regulation of commerce as such? We think the answer is plain. These matters obviously lie outside the orbit of congressional power.” [May 6, 1935]

If health care costs are out of control, it is because Congress wanted the problems. Hospitals are forced to give away their best services to people who will not pay. You end up paying. This is outright socialism. Government interference with health care is part of the planned destruction of America.

The problems caused by too much government interference are not a logical excuse to demand more government interference.

The Affordable Care Act is a scam.
  • It cuts $580 Billion out of Medicare.
  • It adds 20 Million new patients into Medicaid.
  • 21 percent of our gross domestic product will be spent on health care by 2020. Just imagine spending 21% of your wages on other people’s health care.

Why were you swindled into paying for a phony health care scam just because health may be a necessity of life? Food is also a necessity of life, but congress does not yet force the best restaurants to give away their food to those who will not pay for it.  Just imagine what the menu prices would be. It is the same with the health care free market. Welcome to the hospital menu of $19 aspirins and $30 band aids.

Expanding Medicare to everyone is not a solution. Medicare has never controlled costs, other than restricting what doctors can charge.

How can you live in a free country if others get to decide what medicines you can take to save your life?  Who owns you?  If you want to become property of the government, then don’t force me to join you.

The obvious cure to the cost problem is to deregulate health care. Then keep deregulating until hospitals charge two cents per aspirin and a nickel for a band-aid. Then deregulate some more until doctors are paid better than lawyers.

The Model Health Law enacted by most states has already assumed that you will have no rights during a pandemic, but the proposed health care bill will only increase the risks of pandemic. For a glimpse at how your rights disappeared, read the Model Health legislation  https://en.wikipedia.org/wiki/Model_State_Emergency_Health_Powers_Act   http://publichealthlaw.net/MSEHPA/MSEHPA.pdf

The United States ALREADY has the highest health care costs per capita of any nation by far ($9,800 per person). Yet, the United States ranks 31st in life expectancy. Yes, there is a problem. The problem is too much government involvement in health care.

Health care costs are high for the very same reason that Hospitals must charge $19 for an aspirin and $30 for a band-aid. It is because government has been interfering with the free market.

In a free market, Supply and demand determine price. When the price is free, demand skyrockets to epidemic proportions. This is just as would be expected by basic economics. Example: Medicaid pays for preventative health care for the poor. But instead of staying out of hospitals, Medicaid recipients are also the most frequent Hospital Emergency Room users. They show up for aspirins and band-aids and other minor non-problems and the mandatory paperwork takes up 20 more minutes of the doctor’s time. And malpractice insurance (tort lawyers) drive up the costs that must be passed along to you.

In the meantime, Amish will not seek medical help until the final hours of someone’s life. But they still want to die at home. And why should they pay to support your greed addiction?  They have no right to covet thy neighbor’s wealth, and neither do you.

The Amish will not take benefits. Not even Social Security. To them, taking benefits is proof that you do not trust God (Mark 11:24, Philippians 4:19, etc). Why is it that the Americans who still believe in the motto of the United States — In God We Trust — are the Americans who will never use the health care that the forces them to purchase? Again: why should they pay to support your greed addiction? Corban (Roman system of forced welfare contributions) nullifies the word of God according to Mark 7:11-13.

Why do your lazy obese smokers already receive more expensive health care then every other person on the planet yet end up lowering our life expectancy to 31st in the world? Answer: It is because Congress wants it that way.

In fact, Government provided health care is not constitutional except for battlefield injuries and for prisoners and for a few other indigent wards (by the way, care for the indigent is a State function, not federal). Even health care for on-the-job injuries of workers remains unconstitutional. Read what the Supreme Court said in Railroad Retirement Board v. Alton Railroad Co. 295 U.S. 330, quoted above.

Lazy obese smokers demand that congress force you to pay for their care. As well as others who keep risking AIDS, and diabetes, and hepatitis. And drug pushers who trick taxpayers — that’s you — into paying for the drugs they will resell. You wanted socialized medicine now you get what you wanted.

And, why must we entice pregnant foreigners to have their children here at your expense?

Insurance is for catastrophic loss. NOT for routine expenses. Your car insurance doesn’t pay for gasoline, or tires, or oil changes, or brakes or batteries. Your home insurance doesn’t pay for water, electricity, painting, plumbing repairs or even window replacement. They charge reasonable premiums. There is no created crisis in these free markets. Why would you expect health insurance to pay for routine expenses?

Shelter is also a necessity of life, but government does not yet force landlords and hotels to give this necessity of life to those who will not pay.   (Housing is a necessity of life according to the Supreme Court Shapiro v. Thompson, 394 U.S. 618 and Dandridge v. Williams, 397 U.S. 471, etc.)

If congress were to force fire insurance companies to issue a fire policy while a house is burning down, then nobody will bother to spend their money on insurance premiums until their house is burning. If they did, then premiums would be higher than the average fire damage. Fire insurance does not pay for pre-existing conditions, why would you expect health insurance to pay for pre-existing conditions?

Just imagine what would happen if congress forced malpractice insurance to cover pre-existing malpractice.

Those who have overthrown America will not let the free market work for health insurance. They want you to pay higher premiums so smokers can continue to smoke, and heroin addicts can continue to share drug needles. Now they want to throw you into a risk pool of HIV fluids.

If you want congress to force taxpayers to pay for other people’s routine health expenses, then you will get what you want. But don’t complain about the consequences.

Tort reform is not even in the Health Care law. The United States has 94% of the world’s lawsuits to bleed us dry. Courts grant damage awards in frivolous lawsuits if a doctor didn’t conduct a test for some rare disorder that no reasonable doctor would have suspected. This increases their insurance to the point where fear of lawyers forces them to now provide extraordinary testing and treatment for everything.

Even with artificially inflated health care costs in an era of $19 aspirin and $30 band-aids, there is no reason health care insurance should exceed $5 a day. There are several faith-based health care risk-sharing programs where people voluntarily pay one another’s medical bills (but only bills that are over the $300 limit that they consider to be a routine expense, and they exclude pre-existing conditions). What a concept: Charity and compassion for neighbor, instead of brutal taxation and fear of tax seizures.

http://www.mychristiancare.org/ Medi-Share program

And charitable care is available from free clinics http://www.freeclinics.us/freeclinic.php

The Amish don’t have a health care crisis. And they certainly don’t have the financial means to participate in the problems that your congress created.

All of our out-of-control costs are caused by government. Why keep asking for more? At first it was drug purity laws in the 1920s, then mandatory prescriptions to keep you from treating yourself, then forcing doctors into time consuming paperwork, then rewarding ambulance chasing lawyers with enormous judgments to be paid by malpractice insurance when doctors opt for easy bankruptcy. This forces ever-higher insurance premiums to be paid by the rest of us. Making treatment information illegal — it is illegal if I tell you that Vitamin C cures scurvy — It is illegal if I tell you that drinking a glass of water can prevent dehydration. Imposing onerous regulations, harsh residency requirements, limiting what doctors can charge for treating Medicare patients. Forcing good doctors away and discouraging students from ever becoming doctors. Forcing hospitals to give away their best care to those who don’t need it, welcoming Medicaid parasites into Hospital Emergency Rooms for aspirins and band-aids that they don’t need (perhaps I exaggerate, but not by much). Childhood asthma has doubled in recent years despite much cleaner air (likely caused by automobile catalytic converters forced on us by you-know-who). Autism, ADHD, SIDS, allergies, asthma, auto-immune problems, behavioral violence, and seizures are increasing. Adolescent suicide caused by withdrawal from psychiatric prescriptions is a known problem. We have higher breast cancer rates than third world countries that have dreadful pollution problems. FOR CHILDREN UNDER 5 years old: one-in-25 had chronic illness in 1972. This is now one-in-six. FOR CHILDREN 6 TO 15 years old: one-in-32 had chronic illness in 1972. This is now one-in-five. And artificial sweeteners are another cause of chronic problems, even though they are government approved. Instead of telling your civil servants to back off, why are you demanding they worsen the problems they caused?

In December 2009 the CDC reported that autism disorders increased 57% in four years. It said that at the end of 2006 one in 70 boys and one in 315 girls were diagnosed with an autism disorder. The March 2014 CDC report shows autism disorders increased 30% in two years. The 2014 report shows autism one in 42 boys, and one in 189 girls. Spot the trend.

Why not ask for less government in a nation that is yearning to breathe free?


The recent health care “reform” compels a NATIONAL ID CARD.  They have every right to tag their own property.

The IRS now has 17 Obamacare enforcement functions.

You no longer have the right to pay to talk to a doctor. You must first seek a medical assistant who will determine the lowest cost path to your health care ration.

Doctors who want to do no harm will now be forced to administer a minimal “standard of care” regardless of side affects, rather than take a more cautious approach.

The home visit program seems to be voluntary for now, but the law allows the Health Secretary to require each State to provide a definition. Be prepared for forcible entry — which is what they already do with children of religious objectors.

What is next? Fines for poor diets, fines for improper bath mats, fines for improper hot-water temperature and what about helmets for joggers, and extra taxes for child sports teams that have a history of injury? And starvation camps for the obese could be the new “compelling government interest.”

I want to again quote Benjamin Rush, a signer of the Declaration of Independence, during the Constitutional debates in 1787:

“The Constitution of this Republic should make special provision for medical freedom. To restrict the art of healing to one class will constitute the Bastille of medical science. All such laws are un-American and despotic. … Unless we put medical freedom into the constitution the time will come when medicine will organize into an undercover dictatorship and force people who wish doctors and treatment of their own choice to submit to only what the dictating outfit offers.”


Constitutionally guaranteed rights are “susceptible to restriction only to prevent grave and immediate danger to interests which the state may lawfully protect”. This phrase was used in many Supreme Court decisions to protect your rights.

The Supreme Court in 1905 determined that public health measures DO NOT trump your rights. A law textbook, Cooley’s Constitutional Limitations, 8th Edition, page 1229 quotes the Supreme Court’s Jacobson 197 US 11 decision (which upheld a $5 fine for Mr. Jacobson’s refusing a vaccine during a quarantined outbreak) as proof that “The police power is not supreme and is not unlimited. It is subject to the limitations imposed by the Federal Constitution upon every power of government. It will not be suffered to invade or impair the fundamental liberties of the citizen”.

Here are some of your rights that you so eagerly gave away:

“no right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person.” — Union Pacific Railway v. Botsford, 141 U.S. 250, 251 (1891)

“Every human being of adult years and sound mind has a right to determine what shall be done with his own body; and a surgeon who performs an operation without his patient’s consent commits an assault, for which he is liable in damages. This is true except in cases of emergency where the patient is unconscious and where it is necessary to operate before consent can be obtained.” — Schloendorff v. Society of New York Hosp., 211 N.Y. 125, 219, 105 N.E. 92, 93 (1914)

“The root premise jurisprudentially is that ‘[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body’.” — Karp v. Cooley, 493 F.2d 408, 419 (5th Cir. 1974)

“The right to refuse medical treatment is deeply rooted in our common law. This right to bodily integrity was recognized by the United States Supreme Court over a century ago when it proclaimed ‘no right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person. . . . ‘ — In re Duran, 2001 PA Super 52, 769 A.2d 497 (2001)

“The underlying basis for the doctrine of informed consent is a patient’s right of self-determination, the right to intelligently decide whether to choose or decline a particular medical procedure. — Union Pacific Railway v. Botsford, 141 U.S. 250, 251 (1891) and Acuna v. Turkish, 192 N.J. 399, 414, 930 A.2d 416 (2007)

Government has a right to regulate what is subsidizes (1942, Wickard v. Filburn, 317 U.S. 111). Once government can determine your health care, then they have rights to your body. Once there is a compelling government interest in your health, then the government is allowed to use whatever police powers are needed to ignore your rights and accomplish their objectives.

Did the Obama appointment of Health czar Sunstein further their goal of “routine removal” of body parts from the living? According to an article on WND he believes that the government legally owns your body:

President Obama’s Health czar defended the possibility of removing organs from terminally ill without their permission. In his 2008 book, “Nudge: Improving Decisions about Health, Wealth and Happiness,” Sunstein and co-author Richard Thaler discussed multiple legal scenarios regarding organ donation. One possibility presented in the book, termed by Sunstein as “routine removal,” posits that “the state owns the rights to body parts of people who are dead or in certain hopeless conditions, and it can remove their organs without asking anyone’s permission.”

“Though it may sound grotesque, routine removal is not impossible to defend,” wrote Sunstein. “In theory, it would save lives…”

Is this the health reform that you wanted?

Are you sure that you want to throw away your rights to your body?

And there was NOTHING in the health care law about Tort Reform, which is one reason we already have the highest health care costs in the world.


Why welcome Socialism? Just like any bully, the collectivists gang up and demand your money. — At least the bully’s once gave you a choice of “your money or your life”. Now the Fascists want both.

Remember that your benefactors get to control you. Health care will be rationed. It is a fact of life that those who pay the bills get to make the rules. Christ told his disciples in Luke 22:25 that benefactors will exercise authority over us. He also said that Corban (the Roman system of forced welfare contributions) nullifies the word of God.

And 2000 years ago Plutarch said

“It is truly said that the first destroyer of the liberties of a people is he who gave them bounties and largesse. ”

Or as Blackstone so eloquently stated in the introduction to his law books: “a state of dependence will inevitably oblige the inferior to take the will of him, on whom he depends, as the rule of his conduct “

The health care bill controls more than health care. You have already accepted seat belt laws (which had nothing to do with safety — school buses still don’t have belts). Soon it will be jail time for tobacco users, and a ban on fried food, forcible injections of the latest vaccine, prescriptions for aspirin, and starvation camps for the obese. If you allow these, what next? Then they will want in-home safety inspections, and proof that you are eating a government approved diet. Be careful what you wish for.

Why not wish for a free nation?

A government large enough to give you everything you want is strong enough to take everything you have.

Busser v. Snyder, 37 American Law Review (ALR) 1515:

“An Old Age Assistance Law is prohibited by a constitutional provision that no appropriation shall be made for charitable or benevolent purposes to any person.”


Association of American Physicians and Surgeons has a list of cash payment friendly doctors. www.aaps.wufoo.com/reports/m5p6z0

The Oklahoma Surgery Center has a list of cash prices for some common surgery.  Look here before considering offshore surgery.  https://surgerycenterok.com/
While you are looking for surgery prices, don’t miss their surgeons’ opinions of regulated health care on their blog.

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