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Judge Andrew Napolitano : Health Care Bill Passed by Congress Unconstitutional

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posted on Mar, 23 2010 @ 10:33 AM
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Our Government has gotten to big and out of hand . I can't agree more with what Judge Napolitano is saying in this video. This Health Care Bill that barely passed is Unconstitutional !!! I hope that the rest of the States will join in on filing lawsuits to and make it an unified effort to repeal this bill.




posted on Mar, 23 2010 @ 10:43 AM
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Wow Glenn Beck found someone to say the hr is unconstitutional. It's on Fox too so it has to be "fair and balanced". Well that proves it after all. So I guess having auto insurance be mandatory is unconstitutional and States can now have whatever speed limits they please too. Of course taxes will be a thing of the past as well. I'm sure Glenn Beck's judge knows what he is talking about.



posted on Mar, 23 2010 @ 10:51 AM
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reply to post by damwel
 


Considering that a good number of state governments are trying to block this legislation on constitutional grounds, his argument may have some merit. We'll find out soon enough.



posted on Mar, 23 2010 @ 10:55 AM
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Is all the killings and torture all over the world that the usa do Unconstitutional.

Americans always want to be seperate from all of us. How on earth do americans want all these rights, when they want there government to take away everyone elses.



posted on Mar, 23 2010 @ 10:55 AM
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Originally posted by damwel
Wow Glenn Beck found someone to say the hr is unconstitutional. It's on Fox too so it has to be "fair and balanced". Well that proves it after all. So I guess having auto insurance be mandatory is unconstitutional and States can now have whatever speed limits they please too. Of course taxes will be a thing of the past as well. I'm sure Glenn Beck's judge knows what he is talking about.


Ahahah! Are you really that ignorant? Your statement makes absolutely no sense! You are not required to have auto insurance! If you don't want it you simply can ride a bike. Speed limits are set by the states, Montana has roads that have no speed limits. Any other ignorant statements you would like to make?

With this health care bill if you do not pay for insurance you are fined. There is no other law that states you have to purchase a product or be fined. So go ahead and let me know when you figure that out.


[edit on 3/23/2010 by SpaDe_]



posted on Mar, 23 2010 @ 10:56 AM
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reply to post by damwel
 


You need to spend some time reading the Constitution. There are no powers granted in the Constitution to madate any purchase at a Federal Level. This issue is a tenth amendment issue, as it is within the scope of the State authority to madate auto insurance, but you DO NOT have to drive. You do, on the other hand, have to live.



posted on Mar, 23 2010 @ 10:56 AM
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Originally posted by damwel
Wow Glenn Beck found someone to say the hr is unconstitutional. It's on Fox too so it has to be "fair and balanced". Well that proves it after all. So I guess having auto insurance be mandatory is unconstitutional and States can now have whatever speed limits they please too. Of course taxes will be a thing of the past as well. I'm sure Glenn Beck's judge knows what he is talking about.


You really dont know too much about the Constitution or the difference between state and federal do you?

car insurance= State law

Health insurance= Federal law.

See the difference there?



posted on Mar, 23 2010 @ 10:59 AM
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Does the Constitution matter any longer to those in charge? Or is it an inconvenient truth they want to phase out?
There is mounting evidence that Constitution, traditions, founding fathers, way of life, American way, sovereignity, individual rights, etc. are all outdated irritants that the PTB want to push into the dustbin as they enter the final legislative frenzy for the global agenda. I am glad Judge Napolitano and others are informing people and sticking with this. Thanks !



posted on Mar, 23 2010 @ 11:01 AM
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The Constitution is practically irrelevant.

I'm not sure I can put that more bluntly. I'd tend to agree if the Constitution was the first thing considered, but it's not anymore and there are plenty of judgments that pretty much give Congress unlimited power.

The law and Constitution have been subverted for 100+ years, so I'm not sure they'll care much now.

It's very sad.



posted on Mar, 23 2010 @ 11:02 AM
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reply to post by L.HAMILTON
 


You bet it's unconstitutional.
It's wrong to force people to have insurance of any kind.
Can you say, Gestapo?

Nice thread and video.
Starred and flagged.

~ Zeus



[edit on 23-3-2010 by Zeus2573]



posted on Mar, 23 2010 @ 11:32 AM
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remember Bush's exact words

"The Constitution is just a piece of paper"

and in today's relevance, he's wasn't lying

but it's still the only document that stands
up for the people, and by the people.

star and flag for posting this



posted on Mar, 23 2010 @ 11:49 AM
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Originally posted by damwel
Wow Glenn Beck found someone to say the hr is unconstitutional. It's on Fox too so it has to be "fair and balanced". Well that proves it after all. So I guess having auto insurance be mandatory is unconstitutional and States can now have whatever speed limits they please too. Of course taxes will be a thing of the past as well. I'm sure Glenn Beck's judge knows what he is talking about.


Auto Insurance is for the "privilege" of driving. Now, I don't know if that is really a privilege, since I pay the taxes to build the roads, but it is still different than Healthcare.

For the Healthcare Bill, you pay for Health Insurance for the mere "Privilege" of existing in this country! EVERYONE MUST buy the insurance.



posted on Mar, 23 2010 @ 01:16 PM
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reply to post by boondock-saint
 


Yes, indeed sir.
And please allow me to ask everyone what it says on all of the American dollar bills.

Yep, you guessed it.

In God we trust.
I sure trust him.

~ Zeus



posted on Mar, 23 2010 @ 02:32 PM
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constitutional violations explained:



posted on Mar, 23 2010 @ 02:55 PM
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reply to post by mnemeth1
 
Thank you for posting the video , yes I agree with the speaker in the video perjury and treason charges should be leveid on the members of Congress who voted for this bill .



posted on Mar, 23 2010 @ 03:06 PM
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Yes it is unconstitutional, and I can prove it. The Supreme Court stated, in 1976...
legal dictionary


] the Court said that the Minimum Wage and maximum hour provisions of this act significantly altered and displaced the states' abilities to structure employment relationships in such areas as fire prevention, police protection, sanitation, public health , and parks and recreation. These services, the Court emphasized, are historically reserved to state and local governments. If Congress may withdraw from the states the authority to make such fundamental employment decisions, the Court concluded, "there would be little left of the states' separate and independent existence," or of the Tenth Amendment.



Bold by me.



posted on Mar, 23 2010 @ 03:34 PM
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Great piece by IBD:

20 ways Obamacare violates your rights:


1. You are young and don’t want health insurance? You are starting up a small business and need to minimize expenses, and one way to do that is to forego health insurance? Tough. You have to pay $750 annually for the “privilege.” (Section 1501)

2. You are young and healthy and want to pay for insurance that reflects that status? Tough. You’ll have to pay for premiums that cover not only you, but also the guy who smokes three packs a day, drink a gallon of whiskey and eats chicken fat off the floor. That’s because insurance companies will no longer be able to underwrite on the basis of a person’s health status. (Section 2701).

3. You would like to pay less in premiums by buying insurance with lifetime or annual limits on coverage? Tough. Health insurers will no longer be able to offer such policies, even if that is what customers prefer. (Section 2711).

4. Think you’d like a policy that is cheaper because it doesn’t cover preventive care or requires cost-sharing for such care? Tough. Health insurers will no longer be able to offer policies that do not cover preventive services or offer them with cost-sharing, even if that’s what the customer wants. (Section 2712).

5. You are an employer and you would like to offer coverage that doesn’t allow your employees’ slacker children to stay on the policy until age 26? Tough. (Section 2714).

6. You must buy a policy that covers ambulatory patient services, emergency services, hospitalization, maternity and newborn care, mental health and substance use disorder services, including behavioral health treatment; prescription drugs; rehabilitative and habilitative services and devices; laboratory services; preventive and wellness services; chronic disease management; and pediatric services, including oral and vision care.
You’re a single guy without children? Tough, your policy must cover pediatric services. You’re a woman who can’t have children? Tough, your policy must cover maternity services. You’re a teetotaler? Tough, your policy must cover substance abuse treatment. (Add your own violation of personal freedom here.) (Section 1302).

7. Do you want a plan with lots of cost-sharing and low premiums? Well, the best you can do is a “Bronze plan,” which has benefits that provide benefits that are actuarially equivalent to 60% of the full actuarial value of the benefits provided under the plan. Anything lower than that, tough. (Section 1302 (d) (1) (A))

8. You are an employer in the small-group insurance market and you’d like to offer policies with deductibles higher than $2,000 for individuals and $4,000 for families? Tough. (Section 1302 (c) (2) (A).

9. If you are a large employer (defined as at least 50 employees) and you do not want to provide health insurance to your employee, then you will pay a $750 fine per employee (It could be $2,000 to $3,000 under the reconciliation changes). Think you know how to better spend that money? Tough. (Section 1513).

10. You are an employer who offers health flexible spending arrangements and your employees want to deduct more than $2,500 from their salaries for it? Sorry, can’t do that. (Section 9005 (i)).

11. If you are a physician and you don’t want the government looking over your shoulder? Tough. The Secretary of Health and Human Services is authorized to use your claims data to issue you reports that measure the resources you use, provide information on the quality of care you provide, and compare the resources you use to those used by other physicians. Of course, this will all be just for informational purposes. It’s not like the government will ever use it to intervene in your practice and patients’ care. Of course not. (Section 3003 (i))

12. If you are a physician and you want to own your own hospital, you must be an owner and have a “Medicare provider agreement” by Feb. 1, 2010. (Dec. 31, 2010 in the reconciliation changes.) If you didn’t have those by then, you are out of luck. (Section 6001 (i) (1) (A))
13. If you are a physician owner and you want to expand your hospital? Well, you can’t (Section 6001 (i) (1) (B). Unless, it is located in a country where, over the last five years, population growth has been 150% of what it has been in the state (Section 6601 (i) (3) ( E)). And then you cannot increase your capacity by more than 200% (Section 6001 (i) (3) (C)).

14. You are a health insurer and you want to raise premiums to meet costs? Well, if that increase is deemed “unreasonable” by the Secretary of Health and Human Services it will be subject to review and can be denied. (Section 1003)

15. The government will extract a fee of $2.3 billion annually from the pharmaceutical industry. If you are a pharmaceutical company what you will pay depends on the ratio of the number of brand-name drugs you sell to the total number of brand-name drugs sold in the U.S. So, if you sell 10% of the brand-name drugs in the U.S., what you pay will be 10% multiplied by $2.3 billion, or $230,000,000. (Under reconciliation, it starts at $2.55 billion, jumps to $3 billion in 2012, then to $3.5 billion in 2017 and $4.2 billion in 2018, before settling at $2.8 billion in 2019 (Section 1404)). Think you, as a pharmaceutical executive, know how to better use that money, say for research and development? Tough. (Section 9008 (b)).

16. The government will extract a fee of $2 billion annually from medical device makers. If you are a medical device maker what you will pay depends on your share of medical device sales in the U.S. So, if you sell 10% of the medical devices in the U.S., what you pay will be 10% multiplied by $2 billion, or $200,000,000. Think you, as a medical device maker, know how to better use that money, say for R&D? Tough. (Section 9009 (b)).
The reconciliation package turns that into a 2.9% excise tax for medical device makers. Think you, as a medical device maker, know how to better use that money, say for research and development? Tough. (Section 1405).

17. The government will extract a fee of $6.7 billion annually from insurance companies. If you are an insurer, what you will pay depends on your share of net premiums plus 200% of your administrative costs. So, if your net premiums and administrative costs are equal to 10% of the total, you will pay 10% of $6.7 billion, or $670,000,000. In the reconciliation bill, the fee will start at $8 billion in 2014, $11.3 billion in 2015, $1.9 billion in 2017, and $14.3 billion in 2018 (Section 1406).Think you, as an insurance executive, know how to better spend that money? Tough.(Section 9010 (b) (1) (A and B).)

18. If an insurance company board or its stockholders think the CEO is worth more than $500,000 in deferred compensation? Tough.(Section 9014).

19. You will have to pay an additional 0.5% payroll tax on any dollar you make over $250,000 if you file a joint return and $200,000 if you file an individual return. What? You think you know how to spend the money you earned better than the government? Tough. (Section 9015).
That amount will rise to a 3.8% tax if reconciliation passes. It will also apply to investment income, estates, and trusts. You think you know how to spend the money you earned better than the government? Like you need to ask. (Section 1402).

20. If you go for cosmetic surgery, you will pay an additional 5% tax on the cost of the procedure. Think you know how to spend that money you earned better than the government? Tough. (Section 9017).


[edit on 23-3-2010 by mnemeth1]



posted on Mar, 23 2010 @ 05:05 PM
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Anybody see the picture of Nancy Pelosi Headlining the Drudge Report today? It looks as if she just hit the lottery. Hmmm maybe she did .



posted on Mar, 23 2010 @ 05:15 PM
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Help your State A.G. fight the Fed.

www.abovetopsecret.com...

Fight lawyers w/ lawyers!



posted on Mar, 23 2010 @ 05:17 PM
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17 duties People - most of which they ignore... Too busy with their fingers in pies which they ought not be...

"The" Judge knocks it out of the park as per his usual.

Thanks for sharing



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