Is ObamaCare Constitutional?

Conservatives have witnessed an unprecedented action by the House of Representatives as they passed with two votes to spare, their version of ObamaCare on Saturday night at 11:15pm. If the House did this with as little publicity as possible, they were successful. Most discussion had this not going to the floor till next week at the earliest. There as a clue out there. "Queen Nancy" Pelosi had already broken her promise to publish this bill on line for at least 72 hours prior to any vote. Public outrage was already evident so why waste time. Go ahead and force this down against public opinion.

The liberals will gloat but this version will never be passed by the joint Congress. I would like to center my thoughts on something that has had little if any attention by the "Lamestream Media". The real question in my mind is if this legislation of National Health Care is even legal. Does the Constitution of the United States permit Congress to enact such legislation? I have found some legal opinions which I share with you.

Judge Andrew Napolitano is a retired Judge of the New Jersey Superior Court and taught Constitutional Law at Seton Hall School of Law. He is currently the Senior Judicial Analyst at Fox news. He has stated that this plan "is unconstitutional at its core" based on his interpretation of the Commerce Clause. Writing in the Washington Post (8-22-09), Thomas Lifson wrote that in United States v. Lopez (1995) and United States v, Morrison (2000) the Supreme Court rejected the proposition that the Commerce Clause allowed Congress to regulate non economic activities merely because, through a chain of causal effects, they might have economic impact. Senator Orrin Hatch (R-UT), and a lawyer stated that "when we start having the federal government dictate to us what we have to purchase or buy without some commercial justifiable reason...we've lost our freedoms, and that means the federal government can do anything it wants to do to us." When Judiciary Chairman Patrick Leahy (D-VT) was asked where is the constitutional authority, he replied "Why would you say there is not authority? I mean, there's no question there's authority. Nobody questions that." And finally when also asked the same question, "Queen Nancy" said, " Are you serious? Are you Serious?" Yes we are...Quite Serious!! The only remaining question is under our system of checks and balances, will anyone be willing to challenge this to the Supreme Court of the United States?