Is Obamacare Unconstitutional Like It Is Made Out To Be?

Posted by adairsawyer on August 3rd, 2013

As per people hailing from various walks of life in America, there are several reasons that render Obamacare unconstitutional. One of the foremost arguments in the list is that it infringes on the American birthright to choose. While writing the constitution of the country many thought, the Founding Fathers upheld the fact that an American citizen should never be forced to buy something. Because Obamacare makes it mandatory for citizens to purchase health insurance it is being labeled as being unconstitutional. The fact that the Affordable Care Act put the individual mandate in place to ensure high participation is adding fuel to the roaring political conflagration.

Secondly, while protagonists have claimed that it would cover every citizen of America which is a huge positive, critics harbor serious doubts about the source of funding for such a policy. According to them, any individual who comes under the minimum wage section is anyways struggling to pay for a decent living and hence is unlikely to be able to spare finances required to pay the monthly premium. This is what makes Obamacare unconstitutional especially because whether or not people can spare the amount they will be forced to purchase a policy courtesy of the individual mandate.

From amongst the 85 papers that were drafted by the writers of the American constitution namely Hamilton, James Madison and Jay, and published in nationwide newspapers, it is the Federalist 10 that had been penned in 1787 which is regarded as being the most important. It vouches to protect the liberty that the American citizens enjoy and accords well being of people the first priority. If any reform goes against this intention then it is believed to be in violation of the constitution and this is the reason why people regard Obamacare unconstitutional. Moreover, the incarceration that comes with the individual mandate reinforces this view.

While introducing this program and attaching to it the sword of the individual mandate, the Obama administration explained the attachment as a form of tax. A direct implication of this is that whoever desists from this healthcare reform should be prepared to pay some extra tax. To this effect, people who regard Obamacare unconstitutional state that it is more of a penalty by nature than a tax because legally it satisfies all the requisites of being a penalty. The popular opinion also goes on to explain that had the party introduced it as a penalty, it would back-fired on them and that is why it has been cloaked under the façade of being a tax.

Yet another argument for labeling Obamacare unconstitutional puts forth the view that it would trap the future generations in a maze of debt that would be beyond their ability to pay. According to this point of view, much of the support given to this reform is a result of party politics wherein the only intention is to gain political mileage by championing human rights. Personal gain in various forms is expected to accrue to party members who support this reform even though it goes against the expected standards of ethics and values. Application of the individual mandate is also an example of the same.

Last but not the least argument that declares Obamacare unconstitutional is the fact that many of the politicians involved were not aware of its various provisions and those who are aware are hoping that wrinkles will smoothen out once the wheels are put in motion. Thanks to this frame of mind, many Americans are actually scared of what the reform might entail and hence are unsure about coming out in its support. In addition, the threat posed by the individual mandate has done nothing to allay the fears of people and furthermore is being regarded as a major hindrance to the freedom of choice that Americans enjoy.

In order to prove Obamacare unconstitutional critics have come out with various arguments. Even the application of the individual mandate is being viewed as a hindrance to certain freedoms enjoyed by the American people thus validating the claim of being against the constitution.