The Defects of Obamacare



Lies the Government Told You: Myth, Power, and Deception in American History


By Andrew P. Napolitano

There are four constitutional defects in the healthcare law recently signed by President Obama.

The statute has many odd parts to it that are also subject to challenge, like the federal takeover of student loans, the creation of a healthcare army, which includes members of the states’ National Guard, and the hiring of 16,000 new IRS agents. But the main constitutional violations address what the Congress has ordered the States to do and what it has ordered individuals to do. These unconstitutional and troubling provisions are:

- Order the States to increase state taxes and spend the monies collected on healthcare.

- Order individuals to acquire health insurance that provides coverage acceptable to the federal government.

- Transfer regulation of healthcare from the States to the federal government.

- Put a federal bureaucrat between patients and physicians.

Can the federal government tell the States how to spend state generated tax dollars? In a word, NO.

Recall that the States formed the federal government, and not the other way round. When they did so, they gave away only seventeen specific powers, all written down in the Constitution, and expressly retained for themselves that which they did not give away. At the time the States formed the federal government, they were independent nation-states, and the powers that they gave to the new federal government were aspects of nationhood. Examples of the powers include raise an army and navy to defend the country, operate a court system, provide for standard weights and measures, coin money, and run a post office. These are all aspects of nationhood with which the States would no longer be concerned. But the States retained for themselves the power to legislate for the health, safety, welfare, and morality of the people in the States. The federal government simply has no authority under the Constitution to regulate in these areas or to tell the States how they should do so.

The Democrats have argued that the power the Constitution gives to Congress to regulate interstate commerce permits it to regulate healthcare. But I ask you; when you go to your doctor, is that for commercial purposes, or is it to enhance your health? The power to regulate interstate commerce was given to the Congress so it would keep commerce between the States regular, by eliminating state tariffs. It was not given to regulate purely local professional services like visiting a doctor. Can the Congress regulate a Tupperware Party? Of course not.

Since the federal government cannot tell the States how to tax and regulate in the areas reserved to the States and since the regulation of healthcare has been done by the States for the past 200 years, it follows that the Congress cannot order persons to purchase health insurance. The Congress cannot order us to wear shoes or buy guns, even though both are beneficial to us, so how can it order us to buy health insurance? As well, the Supreme Court has held that the most private—and thus most insulated from government intrusion—conversations we have are those between a patient and a physician. Yet, the statute just signed by the President violates that right to privacy by requiring physicians to share private medical information with federal bureaucrats and by permitting those bureaucrats to direct physicians how to treat you. The government cannot run the Post Office or Amtrak and has bankrupted Medicare, Medicaid, and Social Security. Can we really expect it to manage healthcare?

The Congress that enacted this monstrosity recognizes no limits on its own powers. It does not take seriously its oath to uphold the Constitution and it acts like a general legislature that can right any wrong, regulate any activity and tax any event. That is 180 degrees contrary to the values of inalienable rights and limited government that the Framers gave us.

Judge Andrew P. Napolitano joined FOX News Channel (FNC) in January 1998 and currently serves as the senior judicial analyst. He provides legal analysis on both FNC and FOX Business Network (FBN). He is also the host of Freedom Watch on Foxnews.com and co-hosts FOX News Radio's Brian and The Judge show daily. His latest book is the New York Times best seller, Lies the Government Told You: Myth, Power and Deception in American History. To learn more about Judge Andrew P. Napolitano visit, www.judgenap.com.

On Monday's episode of "The Glenn Beck Radio Program," Glenn opened up about the tragic death of his brother-in-law, Vincent Colonna Jr., who passed away unexpectedly on April 5. He also shared some of the important thoughts and insights he's learned through the grieving process.

"Last Monday, I was sitting in this chair ... the two-minute warning comes and Stu said to me, 'You ready for the show?'' ... And that's when my wife [Tania] came to the door of the studio here at our house and said, 'I...' and she held the phone up. And then she collapsed on the floor in tears," Glenn began. "Tania's brother had passed. To say this was a shock, is an understatement."

Glenn described his brother-in-law as having "a servant's spirit."

"He was always the guy who lit up the room. He was always the guy helping others. He would never stop, because he was always helping others," Glenn said of Vincent. "He was on the school board. He was a little league coach. He was the soccer coach. He helped build the church. He took care of the lawn of the church. He was constantly doing things, raising money for charity, working over here, helping to organize this. But he was never the guy in the spotlight. He was just the guy doing it, and you had no idea how much he had done because he never talked about it.

"We also didn't know how much mental anguish he was in because he never talked about it. And last Monday morning, after spending Easter with the family ... he killed himself. This is now the third family member of mine that has gone through this. And I keep seeing it play out over and over and over again, in exactly the same way."

Glenn described his thoughts as he, Tania, and her family struggled to come to grips with the devastating loss.

"I learned some really important things as I was watching this wake. I'm seeing these people from all walks of life ... the people that were there, were there because [Vince] made a difference in their life. He was a true servant. As I'm watching this, all that kept going through my mind was, 'by their fruits, ye shall know them.' The fruits of his labor were on display. He was a servant all the time. All the time ... he found a way to love everybody.

"There are two great commandments: Love God with all your heart and mind and soul. And love your neighbor. So those two great commandments boil down to: Love truth. Because that's what God is," Glenn said.

"Love thy neighbor. That's where joy comes from. The opposite of joy is despair, and that is the complete absence of hope ... and how do you find joy? You find joy by rooting yourself in the truth. Even if that's a truth you don't want to accept. Accept the truth," he added. "But we have to stop saying that there's nothing we can do. What are we going to do? Well, here's the first thing: stop living a lie."

Watch the video clip below to hear more from Glenn:


Want more from Glenn Beck?

To enjoy more of Glenn's masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.

After imprisoning a pastor for refusing to follow COVID-19 restrictions, Canadian officials barricaded his church. And when some church members retaliated by tearing down part of the fence, Canadian Mounties arrived in riot gear.

Rebel News Founder Ezra Levant joined Glenn Beck on the radio program to give his insight on the crazy situation. He described the new, armed police presence surrounding GraceLife Church in Edmonton, Alberta, and how it not only encouraged hundreds of protesters to stand with the church in support but forced congregation members underground to worship as well.

What's happening is eerily similar to what occurs everyday in China, Levant says, and it must stop. Who would have thought this type of tyranny would be so close to home?

Watch the video below to hear Ezra describe the religious persecution taking place in Canada.


Want more from Glenn Beck?

To enjoy more of Glenn's masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.

Enough prayers? Why is supposed Catholic Joe Biden suggesting that Congress ought to stop praying for after someone commits acts of gun violence?

On Friday, Stu Burguiere and Pat Gray filled in for Glenn and discussed President Joe Biden's remarks during his speech on gun control. "Enough prayers. Time for some action," Biden said. Stu and Pat were surprised how dismissive Biden appeared to be on the idea of prayer.

Watch the clip to hear more. Can't watch? Download the podcast here.

Want more from Glenn Beck?

To enjoy more of Glenn's masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.

Just days after Canadian pastor James Coates was released from prison for refusing to bow to COVID-19 lockdown restrictions, several police officers showed up at another church to ensure restrictions were being followed. But Polish pastor Artur Pawlowski of the Cave of Adullam Church in Alberta, Canada, knew his rights, telling the cops not to come back until they had a warrant in hand.

Filling in for Glenn Beck on the radio program this week, Pat Gray and Stu Burguiere played a video of the interaction.

"Please get out. Please get out of this property immediately. Get out!" Pawlowski can be heard yelling at the six officers who entered his church.

"Out! Out! Out! Get out of this property immediately until you come back with a warrant," he continued. "Go out and don't come back. I don't want to talk to you. You Nazis, Gestapo is not allowed here! ... Nazis are not welcome here! Do not come back you Nazi psychopaths. Unbelievable sick, evil people. Intimidating people in a church during the Passover! You Gestapo, Nazi, communist fascists! Don't you dare come back here!"

Watch this clip to see the heated exchange:

Want more from Glenn Beck?

To enjoy more of Glenn's masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.