Constitutional Lawyers Pledge Court Fight if Obama Signs Proposed Health Care Plan

Bristol, Va./Tenn.  (Nov. 3, 2009) –  Constitutional lawyers have pledge to challenge the proposed health care plan in federal court the very day President Obama signs it, the founder of the 10 Amendment Foundation announced today.

"After considerable study and analysis of the bill regarding the constitutional issues involved, our board of trustees voted today to challenge the health care plan on constitutional grounds the very hour it becomes law," said Strother Smith, founder of the 10th Amendment Foundation, based in Bristol, Va.

 "We have been working with attorneys general and well-placed Constitutional attorneys in several states and are confident that we will have strong multi-state participation if we ask for it."

Smith said the proposed health care plan violates the 10th Amendment, which reserves to the states or to the people powers not specifically mentioned in the Constitution. Smith has been an attorney for 43 years and has argued cases before the U.S. Supreme Court. He founded the foundation as a result of networking that resulted from the April 15 tea parties in Virginia and Tennessee, and it has chapters in several states.

"This health care plan violates many parts of the constitution," Smith said. "There is absolutely NO paragraph, word, or phrase in the Constitution that can be stretched far enough to allow the federal government to have any say whatsoever over health care delivery or health care insurance for any individual (except for Federal employment, in or out of the military, or those in Federal incarceration)."

The Web site of the foundation is http://www.10thamendmentfoundation.org.

The web site with detailed information about  the constitutional problems with the health care plan is:

http://www.10thamendmentfoundation.org/National_Healthcare.html.

"We would file what is known as a Bill of Complaint in federal court in Roanoke, asking for a declartory judgment and mandamus, ruling that the health care plan is unconstitutional because it violates the 1st, 4th, 5th, 9th, 10th, 14th and 16th Amendments to the Constitution."

Smith said the mandamus action should have the effect of preventing the federal government from putting any element of the health care plan into action until its merits have decided by the U.S. Supreme Court.

 

Comments

[Chaz Proulx]

Another right wing organization blinded by grandiosity.

What a joke that web site is.

[Tim Oliver]

Yes Chaz,because anything that is'nt straight out of "moonbat central" must be right wing crazies.

Would you care to address the point of the post?Maybe you could point to the part of the Constitution that gives the government the power to force me,under penalty of incarceration,to buy insurance from a private insurance company.I'll save you the time,it's not in there.

So,in other words,you people don't give a shit what the Constitution says because right now you have the votes to ignore it.Which is what the scumbags in Congress(both sides of the aisle) have been doing for several decades now.So what other laws(besides taxes,bankruptcy,voter fraud,voter intimidation etc;)is it alright for this administration to ignore/not prosecute.

Do you not see the danger in this?Yes,you moonbats have the power right now,but as we all know,the pendulum will swing back the other way eventually.You guys are setting a dangerous precedent with your insane power grab.

If you guys want to change the Constitution,there is a process for it.In the case of healthcare ,it should have been tried.The reason you and your comrades never attempt it is because you know you don't have the votes to fundamentally change our country.Which is why they set the bar so high for change.Without a 2/3 majority,something as far reaching as this healthcare bill should never be attempted.

[Chaz Proulx]

Well then Tim you have nothing to worry about. Your lawyers will win and the healthcare bill will be history. All that work down the drain.

[HBrown]

November 9, 2009

I heard the Cato Institute will also challenge the healthcare bill if it becomes law. They will challenge it under the commerce clause, which wasn’t mention in this post. Their position is very simple, government can not make you buy a product or service. The tentacles with this case will have a major impact.

[Platy]

This situation shows a huge failure by team Obama. They should have worked in a bipartisan fashion to construct a solution that had wide support and would have pasted a Constitutional test.

People are growing weary of Obama’s continual failures.

Platy

[Ed Naile]

Where do I send a donation to the patriot lawyers?