Changes

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[[File:ObamaCareSymbol.jpg|right|150px]]

'''ObamaCare''',<ref>http://www.freedomworks.org/blog/nswift/president-reagan-on-government-run-health-care</ref> more formally known as "The Patient Protection and Affordable Care Act," was passed by Congress into federal law on March 21, 2010, and signed into law by President [[Barack Obama]] on March 23.  This law began the process to [[Socialism|socialize]] the [[United States]] [[health care]] system.<ref>Epic new spending and taxes, pricier insurance, rationed care, dishonest accounting: The Pelosi health bill has it all. [http://online.wsj.com/article/SB10001424052748703399204574505423751140690.html Nancy Pelosi's New Health-Care Bill], ''[[The Wall Street Journal]]'', November 01, 2009.</ref><ref>[[President Obama]], Senate Majority Leader [[Harry Reid]] and House Speaker [[Nancy Pelosi]] rammed ObamaCare down the throats of an unwilling American public. Half a year removed from the unprecedented legislative chicanery and backroom dealing that characterized the bill's passage, much more is known about the bill than when it was passed into law. [http://www.washingtonexaminer.com/opinion/Obamacare-is-even-worse-than-critics-thought-960772-103571664.html Examiner Editorial: ObamaCare is even worse than critics thought], ''Washington Examiner'', September 22, 2010.</ref> Through legislative mandates, ObamaCare requires private citizens to purchase health insurance, involuntarily fund [[abortion]]s, and pay for sex offenders to use Viagra under the threat of legal sanctions if they do not.  The new law imposes penalties that will increase to 2.5% of one's income if he fails to purchase government-approved health insurance.  

'''ObamaCare''',<ref>http://www.freedomworks.org/blog/nswift/president-reagan-on-government-run-health-care</ref> more formally known as "The Patient Protection and Affordable Care Act," was passed by [[Congress]] on March 21, 2010, and signed into federal law by President [[Barack Obama]] on March 23.  This law began the process to [[Socialism|socialize]] the [[United States]] [[health care]] system.<ref>Epic new spending and taxes, pricier insurance, rationed care, dishonest accounting: The Pelosi health bill has it all. [http://online.wsj.com/article/SB10001424052748703399204574505423751140690.html Nancy Pelosi's New Health-Care Bill], ''[[The Wall Street Journal]]'', November 01, 2009.</ref><ref>[[President Obama]], Senate Majority Leader [[Harry Reid]] and House Speaker [[Nancy Pelosi]] rammed ObamaCare down the throats of an unwilling American public. Half a year removed from the unprecedented legislative chicanery and backroom dealing that characterized the bill's passage, much more is known about the bill than when it was passed into law. [http://www.washingtonexaminer.com/opinion/Obamacare-is-even-worse-than-critics-thought-960772-103571664.html Examiner Editorial: ObamaCare is even worse than critics thought], ''Washington Examiner'', September 22, 2010.</ref> Through legislative mandates, ObamaCare requires private citizens to purchase health insurance, involuntarily fund [[abortion]]s, and pay for sex offenders to use Viagra under the threat of legal sanctions if they do not.  The new law imposes penalties that will increase to 2.5% of one's income if he fails to purchase government-approved health insurance.  

ObamaCare violates America's [[constitutional law]], according to the law as outlined in the [[U.S. Constitution]]; more than 20 federal lawsuits have been filed against ObamaCare since President Barack Obama signed it into law.<ref>By Janet Adamy and Evan Perez. [http://online.wsj.com/article/SB10001424052748704058704576015631138296112.html?mod=WSJ_hp_MIDDLENexttoWhatsNewsForth Federal Judge to Rule on Health Law's Constitutionality], WSJ.com, December 13, 2010.</ref><ref>By Rep. [[Lamar Smith]]. [http://www.foxnews.com/opinion/2011/01/19/rep-lamar-smith-voting-repeal-new-health-care-law/ REP. LAMAR SMITH: Why I Am Voting to Repeal the New Health Care Law], ''[[Fox News]]'' (FoxNews.com), Published January 19, 2011.</ref> In total, 27 states have started or joined in a lawsuit against Obamacare.<ref>Brandon Stewart. [http://blog.heritage.org/2011/01/17/list-of-states-suing-over-obamacare/ List of 27 States Suing Over ObamaCare], heritage.org, January 17, 2011.</ref>  A federal judge ruled on 13 December 2010 that a central component of ObamaCare, the requirement that most Americans carry insurance or pay a penalty, violates the Constitution. U.S. District Judge Henry E. Hudson is quoted as saying the law "exceeds the constitutional boundaries of congressional power."<ref name=unconstitutional>Judge Rules Mandatory Insurance Unconstitutional; First Round of Long Battle. [http://online.wsj.com/article/SB10001424052748703727804576017552229615230.html?mod=WSJ_hp_LEADNewsCollection Court Strikes at Health Law], By Janet Adamy (WSJ.com), December 14, 2010.</ref> Then on 31 January 2011 federal judge Roger Vinson ruled that as a result of the unconstitutionality of the "individual mandate" that requires people to buy insurance, the entire law must be declared void.<ref>[http://www.foxnews.com/politics/2011/01/31/judges-ruling-health-care-lawsuit-shift-momentum-coverage-debate/ Judge Rules Health Care Law Is Unconstitutional], [[Fox News|FoxNews.com]], Published January 31, 2011.</ref> The U.S. district judge declared ObamaCare unconstitutional because it violates the [[Commerce Clause]]. In a footnote attached to the ruling, federal judge Roger Vinson cited [[Barack Obama|Barack Obama's]] position in 2008 from an interview with [[CNN]], when Obama stated that, "If a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house."<ref>Tom Brown. [http://www.reuters.com/article/2011/01/31/us-usa-healthcare-ruling-idUSTRE70U6RY20110131 Judge strikes down healthcare reform law], reuters.com, January 31, 2011.</ref><ref>Stephen Dinan. [http://www.washingtontimes.com/news/2011/jan/31/judge-uses-obamas-words-against-him/ Judge uses Obama’s words against him], ''[[The Washington Times]]'', January 31, 2011.</ref>

ObamaCare violates America's [[constitutional law]], according to the law as outlined in the [[U.S. Constitution]]; more than 20 federal lawsuits have been filed against ObamaCare since President Barack Obama signed it into law.<ref>By Janet Adamy and Evan Perez. [http://online.wsj.com/article/SB10001424052748704058704576015631138296112.html?mod=WSJ_hp_MIDDLENexttoWhatsNewsForth Federal Judge to Rule on Health Law's Constitutionality], WSJ.com, December 13, 2010.</ref><ref>By Rep. [[Lamar Smith]]. [http://www.foxnews.com/opinion/2011/01/19/rep-lamar-smith-voting-repeal-new-health-care-law/ REP. LAMAR SMITH: Why I Am Voting to Repeal the New Health Care Law], ''[[Fox News]]'' (FoxNews.com), Published January 19, 2011.</ref> In total, 27 states have started or joined in a lawsuit against Obamacare.<ref>Brandon Stewart. [http://blog.heritage.org/2011/01/17/list-of-states-suing-over-obamacare/ List of 27 States Suing Over ObamaCare], heritage.org, January 17, 2011.</ref>  A federal judge ruled on 13 December 2010 that a central component of ObamaCare, the requirement that most Americans carry insurance or pay a penalty, violates the Constitution. U.S. District Judge Henry E. Hudson is quoted as saying the law "exceeds the constitutional boundaries of congressional power."<ref name=unconstitutional>Judge Rules Mandatory Insurance Unconstitutional; First Round of Long Battle. [http://online.wsj.com/article/SB10001424052748703727804576017552229615230.html?mod=WSJ_hp_LEADNewsCollection Court Strikes at Health Law], By Janet Adamy (WSJ.com), December 14, 2010.</ref> Then on 31 January 2011 federal judge Roger Vinson ruled that as a result of the unconstitutionality of the "individual mandate" that requires people to buy insurance, the entire law must be declared void.<ref>[http://www.foxnews.com/politics/2011/01/31/judges-ruling-health-care-lawsuit-shift-momentum-coverage-debate/ Judge Rules Health Care Law Is Unconstitutional], [[Fox News|FoxNews.com]], Published January 31, 2011.</ref><ref>[[Rush Limbaugh]]. [http://www.rushlimbaugh.com/content/home/daily/site_020111/content/01125106.guest.html Obamacare Ruled Unconstitutional, But Fight for Repeal Must Continue], RushLimbaugh.com, February 1, 2011.</ref> The U.S. district judge declared ObamaCare unconstitutional because it violates the [[Commerce Clause]]. In a footnote attached to the ruling, federal judge Roger Vinson cited Barack Obama's position in 2008 from an interview with [[CNN]], when Obama stated that, "If a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house."<ref>Stephen Dinan. [http://www.washingtontimes.com/news/2011/jan/31/judge-uses-obamas-words-against-him/ Judge uses Obama’s words against him], ''[[The Washington Times]]'', January 31, 2011.</ref>

The [[Congressional Budget Office]] (CBO) estimates the [[unconstitutional]] revenue generating device could produce as much as $36 billion over ten years.<ref>[http://allnurses-central.com/world-news-current/proposed-senate-plan-405168.html Proposed Senate Plan Would Involve IRS in Collecting Fines from Non-participants], ALLNURSES CENTRAL, Jul 03, 2009.</ref> The fines are euphemistically dubbed "shared responsibility payments."<ref>http://www.unitedliberty.org/articles/cbo-reports-entitlements-and-shared-responsibility</ref>  Employers would be required to deduct the penalties from employees paychecks.<ref>http://www.aapsonline.org/newsoftheday/00421</ref>  The State of [[Massachusetts]] has had a similar program in place for several years, and many have elected to pay the penalties rather than purchase insurance, and many remain uninsured.<ref>http://www.aapsonline.org/newsoftheday/00421</ref>  

The [[Congressional Budget Office]] (CBO) estimates the [[unconstitutional]] revenue generating device could produce as much as $36 billion over ten years.<ref>[http://allnurses-central.com/world-news-current/proposed-senate-plan-405168.html Proposed Senate Plan Would Involve IRS in Collecting Fines from Non-participants], ALLNURSES CENTRAL, Jul 03, 2009.</ref> The fines are euphemistically dubbed "shared responsibility payments."<ref>http://www.unitedliberty.org/articles/cbo-reports-entitlements-and-shared-responsibility</ref>  Employers would be required to deduct the penalties from employees paychecks.<ref>http://www.aapsonline.org/newsoftheday/00421</ref>  The State of [[Massachusetts]] has had a similar program in place for several years, and many have elected to pay the penalties rather than purchase insurance, and many remain uninsured.<ref>http://www.aapsonline.org/newsoftheday/00421</ref>  

The [[Association of American Physicians and Surgeons]] (AAPS) pointed out that there are no redeeming provisions of Obama's health care plan, and also offered a number of criticisms of Obama's health care plan.<ref>http://www.aapsonline.org/newsoftheday/00377</ref>  The AAPS maintains that Obama's health care plan will significantly increase the overall cost of health care for a majority of United States citizens, plus reduce the quality of care that a [[free market]] system would otherwise provide.<ref>http://www.aapsonline.org/newsoftheday/00377</ref> Political analyst and commentator [[Dick Morris]] has asserted that Obama's health care plan will lead to the significant use of rationing senior health care which will decrease the life span of senior citizens.<ref>http://www.youtube.com/watch?v=MsImVGsFlmA</ref>  ObamaCare will do more than detrimentally impact healthcare accessibility.  According to the [[Heritage Foundation]], Obama is intentionally sacrificing millions of jobs, at a time when unemployment is around 10%, with the Medicare surtax without any objective exception of increases in revenues.<ref>http://www.heritage.org/Research/Reports/2010/03/Obamas-Capital-Gains-Tax-Hike-Unlikely-to-Increase-Revenues</ref> ObamaCare will cost 650,000 U.S. jobs if it is not repealed.

The [[Association of American Physicians and Surgeons]] (AAPS) pointed out that there are no redeeming provisions of Obama's health care plan, and also offered a number of criticisms of Obama's health care plan.<ref>http://www.aapsonline.org/newsoftheday/00377</ref>  The AAPS maintains that Obama's health care plan will significantly increase the overall cost of health care for a majority of United States citizens, plus reduce the quality of care that a [[free market]] system would otherwise provide.<ref>http://www.aapsonline.org/newsoftheday/00377</ref> Political analyst and commentator [[Dick Morris]] has asserted that Obama's health care plan will lead to the significant use of rationing senior health care which will decrease the life span of senior citizens.<ref>http://www.youtube.com/watch?v=MsImVGsFlmA</ref>  ObamaCare will do more than detrimentally impact healthcare accessibility.  According to the [[Heritage Foundation]], Obama is intentionally sacrificing millions of jobs, at a time when unemployment is around 10%, with the Medicare surtax without any objective exception of increases in revenues.<ref>http://www.heritage.org/Research/Reports/2010/03/Obamas-Capital-Gains-Tax-Hike-Unlikely-to-Increase-Revenues</ref> ObamaCare will cost 650,000 U.S. jobs if it is not repealed.

On January 19, 2011, the [[U.S. House of Representatives|House of Representatives]] voted 245-189 to repeal ObamaCare (or 56 percent to 44 percent).  In an historic repudiation of an entitlement program that was only 10 months old, the House voted to overturn President Obama's health care takeover.  The move by the House to repeal ObamaCare was viewed as symbolic because the [[Democratic]]-controlled [[Senate]] is poised to ignore it; at the same time, Obama is certain to [[veto]] it should the bill somehow pass through Congress.<ref>[http://www.foxnews.com/politics/2011/01/19/house-poised-vote-health-law-repeal/ House Republicans Vote to Overturn ObamaCare in Symbolic Move], [[Fox News|FoxNews.com]], Published January 19, 2011.</ref><ref>An historic repudiation of an entitlement that is only 10 months old. ''[[Wall Street Journal]]'', Review & Outlook: [http://online.wsj.com/article/SB10001424052748704590704576091973130244618.html The Repeal Vote], January 20, 2011.</ref> The [[Tea Party Movement]] firmly supports the proposed repeal of ObamaCare. Repealing the bill would also eliminate $770 billion in the newly mandated tax increases.<ref>Philip Klein. [http://spectator.org/blog/2011/01/07/breaking-cbo-says-repealing-ob CBO Says Repealing ObamaCare Would Reduce Net Spending by $540 Billion], ''The American Spectator'', January 07, 2011.</ref>  The CBO released accounting data showing that repealing the national health care law would reduce net government spending by $540 billion in the ten year period from 2012 through 2021. That number represents the cost of the new provisions, minus [[Medicare]] cuts.

On January 19, 2011, the [[U.S. House of Representatives]] voted 245-189 to repeal ObamaCare (56 percent to 44 percent).  In an historic repudiation of an entitlement program that was only 10 months old, the House voted to overturn President Obama's health care takeover.<ref>[http://www.foxnews.com/politics/2011/01/19/house-poised-vote-health-law-repeal/ House Republicans Vote to Overturn ObamaCare in Symbolic Move], [[Fox News|FoxNews.com]], Published January 19, 2011.</ref><ref>An historic repudiation of an entitlement that is only 10 months old. ''[[Wall Street Journal]]'', Review & Outlook: [http://online.wsj.com/article/SB10001424052748704590704576091973130244618.html The Repeal Vote], January 20, 2011.</ref>  Repealing the bill would eliminate $770 billion in the newly mandated tax increases, according to the CBO.<ref>Philip Klein. [http://spectator.org/blog/2011/01/07/breaking-cbo-says-repealing-ob CBO Says Repealing ObamaCare Would Reduce Net Spending by $540 Billion], ''The American Spectator'', January 07, 2011.</ref>  The CBO released accounting data which shows that repealing the national health care law would reduce net government spending by $540 billion in the ten year period from 2012 through 2021. That number represents the cost of the new provisions, minus [[Medicare]] cuts. The [[Tea Party Movement]] firmly supports the proposed repeal of ObamaCare. 

 

== Basic Requirements ==

== Basic Requirements ==

== Basis for Legal Challenges ==

== Basis for Legal Challenges ==

ObamaCare includes an "individual responsibility requirement" compelling persons to buy health insurance or pay a penalty.  The legal justification for this requirement by Congress is the [[Commerce Clause]]:  

The basis for legal challenges against ObamaCare is predicated on the unconstitutionality of health care bill. ObamaCare includes an "individual responsibility requirement" compelling persons to buy health insurance or pay a penalty.  The legal justification for this requirement by Congress is the [[Commerce Clause]]:  

{{cquote|The individual responsibility requirement provided for in this section ... is commercial and economic in nature, and substantially affects interstate commerce, as a result of the effects described in paragraph (2). ... [Paragraph (2) states,] The requirement regulates activity that is commercial and economic in nature: economic and financial decisions about how and when health care is paid for, and when health insurance is purchased.}}

{{cquote|The individual responsibility requirement provided for in this section ... is commercial and economic in nature, and substantially affects interstate commerce, as a result of the effects described in paragraph (2). ... [Paragraph (2) states,] The requirement regulates activity that is commercial and economic in nature: economic and financial decisions about how and when health care is paid for, and when health insurance is purchased.}}