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.

Time after time, Americans have taken to the streets to defend our constitutional rights, whether it was our livelihood at stake -- or our lives. But, what was the point of all the civil rights movements that came before, if we're about to let the government take our rights away now?

On his Wednesday night special, Glenn Beck argued that Americans are tired of having our rights trampled by "tyrannical" leaders from state and local governments who are ignoring our unalienable rights during this pandemic.

"Our nanny state has gone too far. The men and women in office -- the ones closest to our communities, our towns, our cities -- are now taking advantage of our fear," Glenn said. "Like our brothers and sisters of the past, we need to start making the decisions that will put our destiny, and our children's destiny, back into our hands."

It took less than two months of the coronavirus tyranny to make America unrecognizable, but some Americans are fighting back, risking losing their jobs and businesses or even jail time, as they battle to take back our civil rights.

Here are just a few of their stories:

After New Jersey's Atilis Gym reopened in defiance of the governor's executive order, the Department of Health shut them down for "posing a threat to the public health." Co-owner Ian Smith says somebody sabotaged the gym's toilets with enire rolls of paper to create the public health "threat."

Oregon Salon owner, Lindsey Graham, was fined $14 thousand for reopening. She said she was visited by numerous government organizations, including Child Protective Services, in what she believes are bullying tactics straight from the governor's office.

77-year-old Michigan barber, Karl Manke, refused to close his shop even when facing arrest. "I couldn't go another 30 days without an income," he said. But when local police refused to arrest him, Gov. Gretchen Whitmer's (D) office suspending his business license instead.

Port of Seattle police officer Greg Anderson was suspended after he spoke out against enforcing what he called "tyrannical orders" imposed amid coronavirus lockdowns.

Kentucky mother-of-seven, Mary Sabbatino, found herself under investigation for alleged child abuse after breaking social distancing rules at a bank. After a social worker from child protective services determined there was no sign of abuse, he still sought to investigate why the Sabbatino's are homeschooling, and how they can give "adequate attention to that many children."

Dallas salon owner Shelley Luther was sentenced to seven days in jail after she defied the state-mandated stay-at-home orders to reopen her business.

Watch the video clip from Glenn's special below:


Watch the full special on BlazeTV YouTube 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 multiplatform network of voices who love America, defend the Constitution and live the American dream.

It took less than two months of the coronavirus tyranny to make America unrecognizable. Leaders from state and local governments across the U.S. have flattened the curve of some of our most basic constitutional rights, but some Americans are fighting back — and risking jail time or losing their businesses.

On Wednesday night's GBTV special, Glenn Beck argued that we're witnessing the birth of a new civil rights movement — and it's time to build a coalition of common sense to keep America as we know it free.

Watch the full special below:

Use code GLENN to save $10 on one year of BlazeTV.

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 multiplatform network of voices who love America, defend the Constitution and live the American dream.

On the radio program Thursday, Glenn Beck sat down with chief researcher Jason Buttrill to go over two bombshell developments that have recently come to light regarding former Vice President Joe Biden's role in the 2016 dismissal of Ukrainian Prosecutor General Viktor Shokin.

"Wow! Two huge stories dropped within about 24 hours of each other," Jason began. He went on to explain that a court ruling in Ukraine has just prompted an "actual criminal investigation against Joe Biden in Ukraine."

This stunning development coincided with the release of leaked phone conversations, which took place in late 2015 and early 2016, allegedly among then-Vice President Biden, Secretary of State John Kerry, and Ukraine's former President Petro Poroshenko.

One of the audiotapes seems to confirm allegations of a quid pro quo between Biden and Poroshenko, with the later admitting that he asked Shokin to resign despite having no evidence of him "doing anything wrong" in exchange for a $1 billion loan guarantee.

"Poroshenko said, 'despite the fact that we didn't have any corruption charges on [Shokin], and we don't have any information about him doing something wrong, I asked him to resign,'" Jason explained. "But none of the Western media is pointing this out."

Watch the video below for more details:


Listen to the released audiotapes in full here.

Use code GLENN to save $10 on one year of BlazeTV.

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 multiplatform network of voices who love America, defend the Constitution and live the American dream.

A recently declassified email, written by former National Security Adviser Susan Rice and sent herself on the day of President Donald Trump's inauguration, reveals the players involved in the origins of the Trump-Russia probe and "unmasking" of then-incoming National Security Adviser, Gen. Michael Flynn.

Rice's email details a meeting in the Oval Office on Jan 5, 2017, which included herself, former FBI Director James Comey, former Deputy Attorney General Sally Yates, former Vice President Joe Biden, and former President Barack Obama. Acting Director of National Intelligence, Richard Grenell, fully declassified the email recently amid President Trump's repeated references to "Obamagate" and claims that Obama "used his last weeks in office to target incoming officials and sabotage the new administration."

On Glenn Beck's Wednesday night special, Glenn broke down the details of Rice's email and discussed what they reveal about the Obama administration officials involved in the Russia investigation's origins.

Watch the video clip below: