Who cares about the U.S. Constitution, when Barack Obama’s vision for America is weighing in the balance?
Don’t count on the U.S. Congress to care.
In the aftermath of the Senate’s passage of an Obamacare bill, Attorney’s General from multiple states have begun to announce that they are launching investigations into the legality, and constitutionality of the Senate legislation. Chief among their concerns is the possibility that that the bill places Americans outside the state of Nebraska at a significant disadvantage, financially and otherwise, to residents of the state of Nebraska.
South Carolina Attorney General Henry McMaster, along with the Attorneys General in the states of Washington, Michigan, Texas, Colorado, Alabama and North Dakota – have joined forces to consider, among other things, if the Obamacare bill in the U.S. Senate violates the 10th Amendment of the U.S. Constitution. The 10th Amendment stipulates that powers not granted to the national government nor prohibited to the states by the constitution of the United States , are reserved to the states or the people.
As such, the 10th Amendment may pose constitutional challenges to the Obamacare bill itself. Does the constitution grant to the federal government the “power” to provide healthcare? More curiously, does the constitution grant to the federal government the “power” to mandate that people buy anything - including health insurance (the Senate version of the healthcare reform legislation stipulates both)?
Additionally, state Attorneys General should also be concerned about Obamacare for another reason: it could be in violation of the “equal protection” clause of the Fourteenth Amendment.
Concerns over the Fourteenth Amendment appear to be present (this is based on what we know of the legislation, which, because of Pelosi and Reid’s secretiveness, is not a lot) in the portion of the Obamacare bill that grants special (and expensive) privileges to residents of the state of Nebraska. In the Senate’s Obamacare bill, the state of Nebraska is afforded special financial advantages from the federal government - to the tune of hundreds of millions of dollars every year – for the funding of Medicaid. The reason this provision appears in a Senate healthcare bill, as many readers of this column are aware, is because the bill could not be passed without the vote of Democratic Senator Ben Nelson of Nebraska .
Austin Hill is an Author, Consultant, and Host of "Austin Hill's Big World of Small Business," a syndicated talk show about small business ownership and entrepreneurship. He is Co-Author of the new release "The Virtues Of Capitalism: A Moral Case For Free Markets." , Author of "White House Confidential: The Little Book Of Weird Presidential History," and a frequent guest host for Washington, DC's 105.9 WMAL Talk Radio.