If the Supreme Court Rules Obamacare
Unconstitutional, What Can President Obama Do To Save His Healthcare
Plan ? He Can Chose To Ammend the U.S. Constitution By JIll Starr NJ
USA
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Written by
lpcyu
on Dec-13-10 6:42pm2010-12-13T15:42:51
Today, U.S. District Judge, Henry E. Hudson, of, Virginia,
struck down one of the three central provisions of U.S. President Barack
Obama’s, new Obamacare law stating Obamacare is Unconstituional: So
what can President Obama do to save his healthcare plan now?
 In his ruling, Judge Henry E. Hudson said:
“An
individual’s personal decision to purchase — or decline purchase — (of)
health insurance from a private provider is beyond the historical
reach of the U.S. Constitution...” and “No specifically constitutional
authority exists to mandate the purchase of health insurance.”
Judge, Henry E, Hudson, continued:
"“Despite the laudable intentions of Congress in enacting a
comprehensive and transformative health care regime, the legislative
process must still operate within constitutional bounds,” Hudson added.
“Salutatory goals and creative drafting have never been sufficient to
offset an absence of enumerated powers.”
This is true.
There is no known provision in the United States Constitution, giving
either the State or the Federal government in America the right to tell
American citizens, how to spend their money; yet. Prsently, we, live in a
capitalist society, and thus far in American history, a persons
individual right over his personal private property, have been protected
as sacred in American law. But this may not be the case in the future.
Why?
If the Supreme Court also rules that Obamacare is
Unconstituional owing to its mandate making it mandatory American
citizens buy governmental health insurance, President Obama, the House
and Senate may propose to ammend the United States Constitution by
insituting a new Constitutional Ammendment which could read something to
the effect:
"Under the condition the social health and
welfare of the many, outweighs the want of the few, the federal
government can make it mandatory under such a condition, all American
citizens buy health care so that all American citizens can be provided
the basic human right of access to medical care."
Of
course, it is not an easy task to ammend the U.S. Constitution, but
psosible. To ammend the Constitution, one of the following methods are
used to first introduce a new ammendement:
1) Two-thirds of both houses of Congress votes to propose an amendment,
or
2)
Two-thirds of the state legislatures ask Congress to call a national
convention to propose amendments. (This method has never been used.)
Then to ratify a new Constitutional Ammendment:
1) Three-fourths of the state legislatures approve it,
2)
Ratifying conventions in three-fourths of the states must approve it.
(This method has been used only once -- to ratify the 21st Amendment --
repealing Prohibition).
Ammending the U.S. Constituion has
never been easy, for example,the Supreme Court states that ratification
must be within "some reasonable time after the proposal." Beginning with
the 18th amendment, it has been customary for Congress to set a
definite period for ratification. In the case of the 18th, 20th, 21st,
and 22nd amendments, the period set was 7 years, but there has been no
determination as to just how long a "reasonable time" might extend.Of
the thousands of proposals that have been made to amend the
Constitution, only 33 obtained the necessary two-thirds vote in
Congress. Of those 33, only 27 amendments (including the Bill of Rights)
have been ratified.
Obamacare definately has an difficult
road ahead of it. Will American lawmakers ammend the United States
Constitution to pass Obamacare? Will America be sliding down the
slippery slope towards socialism in the future?
Time will bare witness to the outcome.
By Jill L Starr
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