The single biggest problem I have with the new health care legislation is the mandate that all Americans must purchase health care insurance. Anyone who does not faces monetary penalties, said policy to be enforced by the Internal Revenue Service.
The Federal government does not have the Constitutional authority to force any citizen to purchase a good or service. The Commerce Clause clearly establishes the authority to regulate international or inter-state commerce but that does not include mandatory participation in said commerce.
If I purchase a new table saw for my wood shop from a company in another state then the Constitution allows the Federal government to regulate that transaction because it constitutes trade between the States. The Federal government is NOT, however, empowered to make that transaction mandatory. I can decide not to buy that table saw and therefore there is no commerce to regulate.
Yes, yes...but you're required to have automobile insurance, aren't you? Not unless I choose to own and operate an automobile. And even then, the mandate of automobile insurance comes from my state who are, according to the Constitution, reserved those powers not specifically granted to the Federal government. It is still a voluntary transaction because I can choose, as many people who live in large cities do, not to own an automobile. The same argument applies to guns. I'm only required to register them if I choose to own them. What argument is there for mandating health insurance? That I'm alive? Sorry but I don't remember having a choice in the matter.
This is just as clearly a constitutional violation as The Patriot Act or any of the other abominations that the Bush Administration foisted upon us. The government does not have the authority or the right to force people to purchase health insurance any more than it has to conduct sneak-and-peek warrant less searches.
If we let them to have that power then what will we be forced to buy next? If this is allowed to stand then I can see a day when the bastards just take all your money up front and issue you vouchers to be redeemed for items they have selected for you. If they divide and conquer wisely they'll allow you the illusion of choice by letting you pick which store to use them in.
You might have some semblance of choice now...today you can select which health insurance to buy but you're still going to be forced to buy it in one form or another. Have fun making your own decisions while you can. The days of freedom and choice are drawing to a close. The nanny-state is upon us.
Move along, citizen. Nothing to see here.