The American Spectator : The Spectacle Blog : DeMint, Ensign Fight Individual Mandate

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The Spectacle Blog

DeMint, Ensign Fight Individual Mandate

By Quin Hillyer on 12.22.09 @ 2:30PM

At Red State, Erick Erickson has the story: Sens. DeMint and Ensign, hard on the heels of a conservative movement leadership's memo on just this matter, are going to force the Senate to vote on a constitutional point of order, with the two senators saying (rightly) that the individual mandate is unconstitutional. This is important symbolically, substantively, and perhaps legally. Symbolically, it raises the constitutional issue in the public eye as a political issue, and puts the Dems on the spot for pretending that a constitutional violation is not a constitutional violation, Substantively, it provides a chance to educate the public on the Constitution, and on the bill's constitutional defects. Legally, it provides at least a tiny bit stronger ground for anybody to stand on if somebody wants to take this issue to court.

View all comments (8) | Leave a comment

ncatty| 12.22.09 @ 2:52PM

By all means test the constitutionality of this mandate. If it is constitutional, then where is the line that separates my life from government supervision?

Eric Cartman| 12.22.09 @ 3:14PM

Gee, that's nice. I hope they sent Reid a real angry letter, too! And snub him when they see each other. Maybe they can even say something like "Hrrrrrrummmmph!" when they pass in the halls. I mean, after all, it's only changing the entire US. Can you imagine the fear that would run down Reid's leg? How terrifying!

Oldefarte| 12.22.09 @ 3:22PM

Richard Epstein, a professor at the University of Chicago's law school, recently proclaimed this healthcare bill was unconstitutional due to it's mandates upon the insurance companies [that it restricts their ability to increase their revenues, while forcing almost 100% payout of same to claimants----in other words, it forces the eventual bankruptcy of health insurance companies]. Hopefully, many entities/plaintiffs will take the government to court over one aspect or another of this WELFARECARE!!!!

Indy Thinker| 12.23.09 @ 7:54AM

I read that article, excellent read, here's the link

http://www.pointoflaw.com/colu.....-in-he.php

Oldefarte| 12.23.09 @ 10:40AM

Absolutely, yes it is excellent. Thanks for finding/posting same. I strongly urge all to read same [hopefully lawsuits concerning this or other issues will be forthcoming soon]. Merry Christmas/Happy New Year,etc to you and your family [and all writers and readers here of AS]!!!!!

wylie| 12.22.09 @ 3:37PM

This is also HUGE politically as it show just WHO really sides with the people (Republicans/conservatives) and who is bought off by the "Big $$$" interests (Democrats)!

It would also expose their hypocracy and phoney attacks on private insurance!

After spending most of the year cutting deals with them behind doors then atttacking them in public….

This would show who really lines up with the $$$$ lobbies (Democrats) and who is defend the people (Republican)

Polls are out today – 71% oppose the individual mandate – even if it fails its just plain smart politics!

This will expose the lies of the Democrats to the light of truth!

martin j smith| 12.23.09 @ 8:08AM

The Republican leadership should have been challenging this on constitutional grounds once it was known that there was an individual mandate. This passivity in the face a ruthless enemy is deadly.
Time for Hope and Change. Bravo to deMint and Ensign.