Neither health care, nor the field of medicine, is mentioned anywhere in the Constitution -- as a right, as a responsibility, or in any other form -- meaning the federal government has no role whatsoever in health care. This simple fact erodes any real argument for the true constitutionality of Obamacare or the individual mandate.
Per the Tenth Amendment to the Constitution:
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.
Because the Constitution does not grant the federal government any authority with regards to medicine, health care, or insurance, the Tenth Amendment explicitly leaves that power with the individual states. This fact renders the Obama health care law unconstitutional -- while leaving room for an individual state solution in similar form, such as Romneycare in Massachusetts....
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