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[[File:Dr Obama.jpg|right|150px]]

'''ObamaCare''',<ref>http://townhall.com/columnists/KevinMcCullough/2009/08/06/welcome_to_gestapo-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]] America's 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 the [[United States]] [[Constitutional law]], according to the law as outlined in the [[U.S. Constitution]], and also arguments in a challenge brought by officials in 20 states.<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>  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>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> More than 20 federal lawsuits have been filed against ObamaCare since President Barack Obama signed it into law.

'''ObamaCare''',<ref>http://townhall.com/columnists/KevinMcCullough/2009/08/06/welcome_to_gestapo-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 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>  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>  

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 [[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>

Professor Barnett then explained that in ''Bailey v. Drexel Furniture'' (1922), "the Supreme Court struck down such a penalty saying, 'there comes a time in the extension of the penalizing features of the so-called tax when it loses its character as such and becomes a mere penalty with the characteristics of regulation and punishment.'"  A subsequent Supreme Court decision, ''U.S. v. Kahriger'' (1953), upheld a punitive tax on gambling based on an express statement in the law that Congress was exercising its power to tax.  No such statement exists in ObamaCare.  ''See also Sonzinsky v. U.S.'' (1937) ("Inquiry into the hidden motives which may move Congress to exercise a power constitutionally conferred upon it is beyond the competency of courts.").  Professor Barnett noted that the penalty is not enforced as a tax in a customary manner, providing further evidence that ObamaCare is based on the Commerce Clause and not on any taxing authority.

Professor Barnett then explained that in ''Bailey v. Drexel Furniture'' (1922), "the Supreme Court struck down such a penalty saying, 'there comes a time in the extension of the penalizing features of the so-called tax when it loses its character as such and becomes a mere penalty with the characteristics of regulation and punishment.'"  A subsequent Supreme Court decision, ''U.S. v. Kahriger'' (1953), upheld a punitive tax on gambling based on an express statement in the law that Congress was exercising its power to tax.  No such statement exists in ObamaCare.  ''See also Sonzinsky v. U.S.'' (1937) ("Inquiry into the hidden motives which may move Congress to exercise a power constitutionally conferred upon it is beyond the competency of courts.").  Professor Barnett noted that the penalty is not enforced as a tax in a customary manner, providing further evidence that ObamaCare is based on the Commerce Clause and not on any taxing authority.

It has also been pointed out that because the penalty applies to inactivity, it is beyond the powers authorized by the [[Sixteenth Amendment]] anyway.

It has also been pointed out that because the penalty applies to inactivity, it is beyond the powers authorized by the [[Sixteenth Amendment]] anyway.