Wednesday, December 15, 2010

Challenging the Constitutionality of the Health Care Law

Kenneth T. Cuccinelli, II is the Attorney General for the state of Virginia.

Virginia's lawsuit challenging the act rests on two basic arguments.  One:  The government's attempt to stretch the Commerce Clause to force individuals to buy a private product - private health insurance - fails, as the Constitution does not grant Congress such a power.  Two:  The penalty the government charges if one does not comply with the mandate cannot be redefined after the fact as a tax, justified by the government's taxing power.  Congress and the president insisted the penalty was not a tax, they passed it as a penalty, and it operates as a penalty as a matter of law.  They cannot simply change the meaning of words now that they realize their first legal argument is on shaky ground.

Posted via email from The Blue Pelican

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