{"id":206,"date":"2011-05-16T17:17:23","date_gmt":"2011-05-16T21:17:23","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=206"},"modified":"2011-05-16T17:37:32","modified_gmt":"2011-05-16T21:37:32","slug":"constitutional-concerns-about-obamacare","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/05\/constitutional-concerns-about-obamacare.html","title":{"rendered":"Constitutional Concerns About ObamaCare"},"content":{"rendered":"

May 16, 2011<\/p>\n

There’s virtually total agreement in the legal community that the constitutionality of ObamaCare – the government-run health care law passed by Congress and signed into law by President Obama – will be decided by the U.S. Supreme Court.<\/p>\n

Where’s the plenty of disagreement:\u00a0 what will the nation’s highest determine?<\/p>\n

At the center of the issue is the individual mandate provision, which forces Americans – under penalty of law – to purchase health insurance.<\/p>\n

That is where most of the legal challenges originate, including one from the ACLJ.\u00a0 Today, we filed a brief at a federal appeals court in Washington, DC urging the court to reinstate our federal lawsuit and declare the entire health care law unconstitutional.<\/p>\n

Our lawsuit, along with a number of others – including separate legal challenges by Virginia and Florida – focus on the assertion that the individual mandate violates the Commerce Clause of the U.S. Constitution. Nothing more than a brazen power-grab by Congress.\u00a0 A move that is not only wrong, but unconstitutional.<\/p>\n

That’s what we argued in our brief<\/a> filed on behalf of four U.S. residents and taxpayers in at the U.S. Court of Appeals for the District of Columbia Circuit.<\/p>\n

“The individual mandate is unconstitutional because it exceeds even the outermost bounds of Congress\u2019s Article I authority and is inconsistent with the constitutional system of dual sovereignty that divides power between the federal and State governments,” the brief contends. “Under the Commerce Clause, Congress cannot ‘regulate’ inactivity by requiring individuals to buy a good or service as a condition of their lawful residence in the United States. . . .”\u00a0\u00a0 Our brief is posted here<\/a>.\u00a0<\/p>\n

And, that’s exactly what the Commonwealth of Virginia argued just days ago – before the 4th U.S. Circuit Court of Appeals – at a hearing where the federal government tried to convince a three-judge panel (two judges appointed by Obama, one by Clinton) that a lower court got it wrong when it declared that the individual mandate had to go.<\/p>\n

You can listen to the oral arguments here<\/a>.\u00a0<\/p>\n

And, in an interview with Fox News, Virginia Attorney General Ken Cuccinelli correctly concluded that this case is about liberty, not health care.\u00a0 As he put it, if the federal government can order you to purchase health insurance, it can order you to buy anything.<\/p>\n

Watch the interview here<\/a>.<\/p>\n

As these challenges move forward, one thing is certain:\u00a0 all legal roads end up at the Supreme Court.\u00a0 Our case is before the DC court of appeals.\u00a0 The Virginia case at the 4th circuit.\u00a0 And, the Florida case before the 11th circuit.<\/p>\n

You will certainly hear more about these legal challenges in the weeks and months ahead.\u00a0 But the real media attention will begin when these appeals arrive at the U.S. Supreme Court.<\/p>\n

You’re already hearing a lot of talk about 2012 – especially when it comes to presidential hopefuls.\u00a0 Put 2012 on your calendar for another reason, too.\u00a0 That’s when the nation’s highest court is likely to render its decision – either declaring ObamaCare constitutional – or striking it down.\u00a0 Just in time for the election.<\/p>\n

Stay tuned.<\/p>\n","protected":false},"excerpt":{"rendered":"

May 16, 2011 There’s virtually total agreement in the legal community that the constitutionality of ObamaCare – the government-run health care law passed by Congress and signed into law by President Obama – will be decided by the U.S. Supreme Court. Where’s the plenty of disagreement:\u00a0 what will the nation’s highest determine? At the center…<\/p>\n","protected":false},"author":401,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[65,66],"tags":[743,67,766,71,68,70,72,50],"class_list":["post-206","post","type-post","status-publish","format-standard","hentry","category-obamacare","category-u-s-constitution","tag-aclj","tag-commerce-clause","tag-congress","tag-florida","tag-health-care-law","tag-individual-mandate","tag-ken-cuccinelli","tag-virginia"],"yoast_head":"\nConstitutional Concerns About ObamaCare - Faith & Justice<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/05\/constitutional-concerns-about-obamacare.html\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Constitutional Concerns About ObamaCare - Faith & Justice\" \/>\n<meta property=\"og:description\" content=\"May 16, 2011 There’s virtually total agreement in the legal community that the constitutionality of ObamaCare – the government-run health care law passed by Congress and signed into law by President Obama – will be decided by the U.S. Supreme Court. 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He is also Chief Counsel of the European Centre for Law and Justice (ECLJ). Jay Sekulow is one of the leading defenders of constitutional rights and religious liberties in the United States. Over the past 25 years, Jay Sekulow has amassed an unparalleled record of accomplishment, arguing before the U.S. Supreme Court on 12 occasions. His aggressive litigation strategy before the Supreme Court has led to many landmark First Amendment victories. In his first case before the Supreme Court, Jews for Jesus, Jay Sekulow secured the right of religious groups to pass out tracks in airports. In Mergens, Jay Sekulow successfully protected the right of students to form Bible clubs and prayer groups on public school campuses. In Lamb\u2019s Chapel, Jay Sekulow cleared the way for churches to have equal access to public facilities in the same way that other groups are permitted to utilize those facilities. In the Bray and Operation Rescue cases, Jay Sekulow protected the free speech rights of pro-life advocates to be free from criminal prosecution for conveying their pro-life message. In McConnell v. FEC, Jay Sekulow protected the right of young people to engage in the political process by donating to the campaign of their choice. In Pleasant Grove, Jay Sekulow paved the way for governments to be able to display Ten Commandments monuments, and other monuments of their choosing, in public parks. Through the ACLJ, Jay Sekulow engages the political, legal, and cultural battles facing America today. He routinely works with Members of Congress, advising them on proposed legislation and representing them in critical legal matters. Jay Sekulow has also testified before Congress on the constitutionality of proposed legislation. Also, in addition to being a successful Supreme Court advocate, Jay Sekulow is a highly respected broadcaster. Jay Sekulow is the host of Jay Sekulow Live! which airs each weekday on over 850 radio stations nationwide, in addition Sirius and XM satellite radio. He brings insight and education to listeners daily through this national call-in radio program. He is also the host of the ACLJ This Week, the ACLJ\u2019s weekly television program. Jay Sekulow regularly appears on major media outlets, including FOX News, CNN, ABC, CBS, and NBC, where he is sought out for his vast experience in constitutional law and his unique insight into many of the pressing legal and political issues facing America today. He is frequently quoted in the nation's leading newspapers and often contributes opinion editorials to national publications. Jay Sekulow has also published numerous law review and other scholarly articles. Jay Sekulow has received numerous honors for his groundbreaking legal work in the area of free speech and religious liberties. The Legal Times has named Sekulow one of \u201cThe 90 Greatest Washington Lawyers of the Last 30 Years\u201d and the National Law Journal has twice named Sekulow one of the \u201c100 Most Influential Lawyers\u201d in the United States. In addition, TIME Magazine listed Jay Sekulow as one of the \"25 Most Influential Evangelicals\" in America. Jay Sekulow\u2019s legal work in defense of religious liberties and human rights extends beyond the United States, having founded the ECLJ in Strasbourg, France, which maintains consultative status with the United Nations. He has also opened offices in Pakistan, Africa, and Jerusalem, Israel. Jay Sekulow is a staunch defender of Israel, presenting arguments before the International Criminal Court at the Hague. His efforts in support of Israel\u2019s right to defend itself from terrorist attacks have been commended by Israeli government officials, one official stating, \"Jay was instrumentally-involved in projects that the President of Israel and the Prime Minister put on our national agenda.\" Jay Sekulow also has a passion for educating the next generation of religious liberty advocates. He is a member of the Regent University Law School Faculty as a Distinguished Professor of Law and routinely teaches courses on constitutional law and presents guest lectures. Jay Sekulow has also started educational programs in international human rights law in Strasbourg, France and at Handong University in South Korea. Jay Sekulow is a graduate of Mercer University, earning both a bachelor\u2019s degree and doctor of jurisprudence. Sekulow served on the editorial staff of the Mercer Law Review and graduated cum laude. He later earned a Ph.D. from Regent University, writing his dissertation on American Legal History. Jay Sekulow also serves on the Board of Trustees for The Supreme Court Historical Society in Washington, D.C. Jay Sekulow, ACLJ Chief Counsels full biography and video. Jay Sekulow on Facebook. Jay Sekulow on Twitter. Jay Sekulow on YouTube.","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/author\/jay_sekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/206","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/users\/401"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/comments?post=206"}],"version-history":[{"count":22,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/206\/revisions"}],"predecessor-version":[{"id":228,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/206\/revisions\/228"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=206"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=206"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=206"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}