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.

Countless leaders on the left are now arguing that removing President Donald Trump from office won't be enough — they're now calling for the president's "cult-like" supporters to be "deprogrammed." And it's not just fringe politicians.

During an appearance on "Real Time with Bill Maher" last week, former NBC anchor Katie Couric said, "The question is, how are we going to really almost deprogram these people who have signed up for the cult of Trump."

Former Democratic presidential nominee Hillary Clinton and Democratic Speaker of the House Nancy Pelosi questioned whether the nation needs "a 9/11-type commission" to determine whether President Trump was colluding with Russian President Vladimir Putin "the day that the insurgents invaded our Capitol." Clinton also made sure to include her favorite "deplorables" in her unsubstantiated conspiracy theory:

"But we now know that not just [Trump] but his enablers, his accomplices, his cult members, have the same disregard for democracy," Clinton said to Pelosi.

Washington Post columnist Eugene Robinson and New York Times Magazine's Nikole Hannah-Jones agreed that there is a need for "millions of Americans, almost all white, almost all Republicans" to be deprogrammed and punished, during an MSNBC interview last week.

Now, a story from the Washington Post is also preaching that narrative and even added that we need more restrictions for conservatives on social media and in the broadcast industry.

"So now we have to be deprogrammed? We've heard this over and over and over and over again, for months," said Glenn Beck on the radio program Tuesday. He read through the shocking details of the Washington Post op-ed and discussed the extraordinary dangers of the latest anti-conservative movement in America.

Watch the video below:

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As calls for censorship and restrictions against conservative voices get louder, Glenn Beck said he feels an "awesome responsibility" to speak, not the words he'd personally like to say, but those he believes the Lord would want him to share.

"It's an awesome responsibility, and one that I am not worthy of," Glenn said. "I want to say ... what He wants me to say. And I have to listen very carefully, because I feel the same way you do. But that will get us nowhere."

Glenn said it's time for Americans who are awake — not woke — to come together, no matter which side of the political aisle you're on, and stand with the truth.

"We are the Alamo, we will stand. But we desperately, desperately need you," Glenn said. "We need the people who are awake — not woke — awake. You may disagree with us. We are your allies, not your enemies. And if you will not stand with us in our hour of need, there will be no one left to stand with you in your hour of need. We must all come together, anyone who is awake."

Watch the video below to hear more from Glenn:

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The incoming Biden administration plans to waste no time in overturning much of the progress achieved by President Donald Trump.

On his radio program Monday, Glenn Beck ran through 10 executive orders President Joe Biden plans to announce on "day one" of his time in office — including rejoining the Paris climate accord, canceling the Keystone pipeline, mask mandates on federal land and during interstate travel, and a proposed federal minimum wage of $15 an hour.

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Eric Weinstein, managing director of investment firm Thiel Capital and host of "The Portal" podcast, is not a conservative, but he says conservative and center-right-affiliated media are the only ones who will still allow oppositional voices.

On "The Glenn Beck Podcast" this week, Eric told Glenn that the center-left media, which "controls the official version of events for the country," once welcomed him, but that all changed about eight years ago when they started avoiding any kind of criticism by branding those who disagree with them as "alt-right, far-right, neo-Nazi, etc.," even if they are coming from the left side of the aisle. But their efforts to discredit critical opinions don't stop there. According to Eric, there is a strategy being employed to destroy our national culture and make sure Americans with opposing views do not come together.

"We're trifling with the disillusionment of our national culture. And our national culture is what animates the country. If we lose the culture, the documents will not save us," Eric said. "I have a very strongly strategic perspective, which is that you save things up for an emergency. Well, we're there now."

In the clip below, Eric explains why, after many requests over the last few years, he finally agreed to this podcast.

Don't miss the full interview with Eric Weinstein here.

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