FLORIDA FEDERAL JUDGE RULES OBAMACARE UNCONSTITUTIONAL

BREAKING NEWS:

 U.S. District Federal Judge Roger Vinson in Florida has ruled “Obamacare is unconstitutional.” The judge passed his ruling on the unconstitutionality of the law’s individual mandate today. The federal ruling will affect the 26 states that filed a case against the healthcare law.

 The U.S. District Federal Judge ruled today that Congress had went too far and overstepped its boundaries when it instituted the individual healthcare mandate, and he also stated the “entire” healthcare law was unconstitutional based on his conclusion that the individual mandate isn’t “severable.”

The Judge didn’t go as far as to issue an injunction to block the implementation of the healthcare law because the party to be enjoined is the Federal Government, for there is a long-standing presumption that officials of the Executive Branch will adhere to the law as declared by the court. As a result, the declaratory judgment is the functional equivalent of an injunction. Thus, the award of declaratory relief is adequate and separate injunctive relief is not necessary.”

 Federal Judge Robert Vinson went on to explain his decision in his 78 page ruling:

 “I emphasized once before, but it bears repeating again: this case is not about whether the Act is wise or unwise legislation, or whether it will solve or exacerbate the myriad problems in our health care system. In fact, it is not really about our health care system at all. It is principally about our federalist system, and it raises very important issues regarding the Constitutional role of the federal government.”

 “James Madison, the chief architect of our federalist system, once famously observed:”

 “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”

“The Federalist No. 51, at 348 (N.Y. Heritage Press ed., 1945) (.“The Federalist.”).”

“In establishing our government, the Founders endeavored to resolve Madison’s identified “great difficulty” by creating a system of dual sovereignty under which “the powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” The Federalist No. 45, at 311 (Madison); see also U.S. Const. art. I, § 1 (setting forth the specific legislative powers “herein granted” to Congress). When the Bill of Rights was later added to the Constitution in 1791, the Tenth Amendment reaffirmed that relationship: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The Framers believed that limiting federal power, and allowing the “residual” power to remain in the hands of the states (and of the people), would help “ensure protection of our fundamental liberties” and “reduce the risk of tyranny and abuse.”

“McCulloch v. Maryland, 17 U.S. (4 Wheat) 316, 405, 4 L. Ed. 579 (1819) (.“This government is acknowledged by all, to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, . . . is now universally admitted..”) (Marshall, C.J.).”

Federal Judge Robert Vinson concluded:

 “I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our healthcare system, The healthcare market is more than one sixth of our national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principle dispute has been about how Congress chose to exercise that power here.”

 “Because the individual mandate is unconstitutional and not severable, the entire act must be declared void.  This has been a difficult decision to reach, and I am aware that it will have indeterminable implications.”

 “The individual mandate applies across the board. People have no choice and there is no way to avoid it. Those who fall under the individual mandate either comply with it, or they are penalized. It is not based on an activity that they make the choice to undertake. Rather, it is based solely on citizenship and on being alive.”

 “Regardless of how laudable its attempts may have been to accomplish these goals in passing the Act, Congress must operate within the bounds established by the Constitution.”

 Considering this is the fourth Federal Court ruling on Obamacare, the case will likely go to the U.S. Supreme Court.

 A list of states that joined the suit are: Alabama, Alaska, Arizona, Colorado, Georgia, Indiana, Idaho, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin and Wyoming.

Full Adobe .pdf of Judge Vinson’s Federal Ruling: http://uspoliticalpost.com/wp-content/uploads/2011/02/Vinson_Opinion_Obamacare.pdf