The Legal Conservative

Attached is a copy of the suit just filed challenging the constitutionality of President Obama’s Health Care Legislation. Analysis to follow, but wanted to get the suit up immediately, it has been filed in Federal Court in the Northern District of Florida.  Healthcare Unconstitutional COMPLAINT (03-23)

Ok, having had time to review the complaint, the basic arguments are summarized below:

1. Congress has no Constitutional authority to pass this healthcare act, not authority under Art I, or specifically the commerce clause or the taxing and spending clause.
2. Congress, by depriving the states of control over their budget processes because of  the unfunded mandates in this bill, has deprived the states of their sovereignty and the right to a republican form of government guaranteed under Art IV, Sec. 4 of the constitution.
3. Congress has violated the states’ 10^th amendment rights by requiring that states and state employees be agents of the Federal Government to enforce Federal Regulation, without federal payment.
4. Congress imposing a tax penalty for failure to have insurance is a violation of Art I, Sections 2 and 9, in that this is a direct that is not apportioned among the states according to a census, and is unrelated to any taxable activity or income.
5. Congress imposing a tax penalty for inactivity or a failure to engage in an activity is in violation of the powers reserved to the States or the people under the 10^th amendment, and is not predicated on any constitutional grant of authority to congress.

2 Responses to “Lawsuit filed by McCollum Challenging Constitutionality of Healthcare Legislation”

1. Nicholas E. Purpura says:

   April 1, 2010 at 6:29 pm

   Interesting, but lacks # of counts. This legislation contains affirmative violations, numerous violations of equal treatment, the 4th, 5th, 9th, 10th, and 14th Amendment violations. It could also be argued that the 13th (involuntary servitude) 16th Amendment (by mandating an aditional 2.5% on a person income) void “due process 5th Amendment from which no appeal process exists. I’ll be glad to send you a copy of my suit on completion upon request.
2. Democratic, Republican Attorneys General Continue Health Reform Lawsuit Battle | Pramavi- All is Well says:

   April 2, 2010 at 7:06 pm

   [...] Lawsuit filed by McCollum Challenging Constitutionality of Healthcare Legislation « The Legal … [...]