Congress is no doubt will be using two clauses to back up their claim that this bill, the requirement of purchasing insurance and allowing the IRS to
administer (police) the new system. Those clauses will be the Commerce Clause and the Welfare Clause.
The Peoples' Weapon of Choice: The 9th Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Properly applied, the Citizens of the United States could equally and with much greater power wield both the 10th and the 9th Amendments as both those
Amendments directly state the People as holders of rights, and holders of Self-Governance.
The 10th Amendment, which was to ensure that most of the political power and governing were to have taken place at the State level and below, is
instrumental in understanding the 9th Amendment.
Since there is no specific power delegated to the Federal Government by the Constitution to be able to force a private citizen to enter into a
contract with fear of penalty, that power is thus delegated upon the States.
While I do not know any of the States' Constitutions, I will be vague and generalize. Majority of States within the Union also do not take the
mantle to punish their citizen's by forcing them into a contract or face penalty, just because you are living.
Thus, since the Constitution of the United States holds no power and the States have not taken up the issue themselves, that power is delegated to the
People to decide and chose for themselves.
Enter the 9th Amendment. There is no mention of Health as a right, so it is to be retained by the People as their own. This does not mean that the
Federal Government now has the authority to dictate Health and recognize Health as a right, it means the exact opposite.
That power, as protected by the 9th Amendment, lies directly with the People. You, as a private citizen have the full power of the 9th Amendment to
levy claim that your personal right to purchase (or not purchase in this case) a private good and/or service is being disparaged and denied.
Therefore the bill as signed, in which private citizens are to be required to purchase a service, not by choice, but by pure fact that you reside upon
United States soil, is unconstitutional via the 9th Amendment.
[edit on 26-3-2010 by ownbestenemy]