Does Obamacare impinge upon a woman’s fundamental rights?

Does Obamacare impinge upon a woman’s fundamental rights?


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johnwk

Gold Member
May 24, 2009
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The question here is whether or not it is a fundamental right of women to be free to purchase health insurance to meet their personal medical and health care needs? If it is a fundamental right, then woman need to keep in mind it is settled law that:


A legislative act which "impinges upon a fundamental right explicitly or implicitly secured by the Constitution is presumptively unconstitutional." See: Harris v. McRae United States Supreme Court (1980) Also see City of Mobile v. Bolden, 466 U.S. 55, 76, 100 S.Ct. 1490, 64 L.Ed.2d 47 (1980)

JWK



"The mere chilling of a Constitutional right by a penalty on its exercise is patently unconstitutional." Shapiro v. Thompson, 394 U.S. 618
 
The ultimate objective of Obamacare is Government control of the people.

That, irrespective of any and all other of it's failings, is the foundation of my opposition to ACA.

The last time I looked women were considered people.

Therefore, I believe it is onerous and will prove to be odious to most people, including those of the fairer sex.
 
The far right, now that the pressure is excruciating, now shows its true colors.
 
The far right, now that the pressure is excruciating, now shows its true colors.

Far right? It seems to me there are those who support and defend our Constitution and its legislative intent, and those who wish to make the Constitution mean whatever they wish it to mean.


JWK



Those who reject and ignore abiding by the intentions and beliefs under which our Constitution was agree to, as those intentions and beliefs may be documented from historical records, wish to remove the anchor and rudder of our constitutional system so they may then be free to “interpret” the Constitution to mean whatever they wish it to mean.
 
The far right, now that the pressure is excruciating, now shows its true colors.

Far right? It seems to me there are those who support and defend our Constitution and its legislative intent, and those who wish to make the Constitution mean whatever they wish it to mean. JWK Those who reject and ignore abiding by the intentions and beliefs under which our Constitution was agree to, as those intentions and beliefs may be documented from historical records, wish to remove the anchor and rudder of our constitutional system so they may then be free to “interpret” the Constitution to mean whatever they wish it to mean.

None of the far right reactionaries are competent to interpret or defend the Constitution and its intent.
 
The far right, now that the pressure is excruciating, now shows its true colors.

Far right? It seems to me there are those who support and defend our Constitution and its legislative intent, and those who wish to make the Constitution mean whatever they wish it to mean. JWK Those who reject and ignore abiding by the intentions and beliefs under which our Constitution was agree to, as those intentions and beliefs may be documented from historical records, wish to remove the anchor and rudder of our constitutional system so they may then be free to “interpret” the Constitution to mean whatever they wish it to mean.

None of the far right reactionaries are competent to interpret or defend the Constitution and its intent.

That sounds like the Obama Administration.



JWK


The liberty to fail or succeed at one’s own hand is a PROGRESSIVE‘S nightmare and not the American Dream
 
The govt has now forced every citizen to have healthcare or pay a penalty. More freedoms have been eroded.



Where are all the woman's rights groups protesting government interfering with a woman’s right to choose a health insurance plan to meet here personal medical and health care needs? Why does the leadership of these groups ignore women’s rights when it comes to government impinging upon a woman’s right to be free to purchase a health insurance plan to meet her personal medical and health care needs?

Why are groups who tout themselves as protecting a women’s fundamental right to choose, silent when government now threatens woman with a fine if they dare to exercise one of woman’s most fundamental rights?


JWK




"The mere chilling of a Constitutional right by a penalty on its exercise is patently unconstitutional." Shapiro v. Thompson, 394 U.S. 618
 
Let us document NOW’s perverted view of Congress’ power and how they ignore rights retained by the people.


Court Takes Up ACA -- Women's Health Care in Hands of Nine Justices


”NOW joined numerous allied organizations in an amicus brief supporting the constitutionality of the ACA. We believe that it is fundamentally up to Congress, not unelected jurists, to regulate a national health care market that accounts for one-sixth of the U.S. economy -- and that the power to regulate at the national level is well within the bounds of the Constitution's commerce clause, which gives Congress the power to regulate interstate commerce. Indeed, since most experts agree that the law is constitutional, a contrary decision by the Supreme Court will inevitably bring charges of politically motivated overreach by the court, akin to cases such as Bush v. Gore and Citizens United.”


As you can see, NOW ignores the legislative intent of the Ninth Amendment, which was intended to preserve and protect rights retained by “the people”. NOW goes on to suggest Congress’ power to regulate commerce “among the States” is a power granted to enter the states and harass women therein.


Aside from the above remarkable positions NOW has taken, one of the important questions which NOW purposely avoids addressing is, identifying the specific grant of power to Congress to enter the various United States and directly tax, without apportioning the tax, a woman who fails to purchase a federal approved health insurance plan.


JWK


No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
 
None of the far right reactionaries are competent to interpret or defend the Constitution and its intent.

I dunno, utah and Idaho are far right and they seem pretty competant to me

I see Jake has made no attempt to defend the constitutionality of Obamacare.


JWK


"The mere chilling of a Constitutional right by a penalty on its exercise is patently unconstitutional." Shapiro v. Thompson, 394 U.S. 618
 
Not as much as all of those so-called "Small Government Republcian's" who have no problem putting "The Government" in the Operating Room when it comes to a Woman's Right To Choose.
 
Not as much as all of those so-called "Small Government Republcian's" who have no problem putting "The Government" in the Operating Room when it comes to a Woman's Right To Choose.


I see no difference between the leadership at the National Organization of Women who work to circumvent our written constitution and its legislative intent from Republicans who likewise work to subjugate the legislative intent of our Constitution. What's your point?


JWK


America we have a problem! We have a group of DOMESTIC ENEMIES who have managed to gain political power and whose mission is in fact to bring “change” to America ___ the dismantling of our military defensive power; the disarming of the American Citizen; the allowance of our borders to be overrun by foreign invaders, the diluting of our election process by allowing ineligible persons to vote; the circumvention of our Republican Form of Government which is now replaced with a 12 member committee clothed with power to make law; the weakening and destruction of our manufacturing capabilities by tyrannical regulation; the transferring of America’s weapons of defense and military technology to hostile foreign nations; the strangulation of our agricultural industry and ability to produce food under the guise of environmental necessity; the infringement upon the American People’s inalienable right to make their own choices and decisions regarding their health care and medical needs; the intentional sabotaging of our nation’s health care delivery system, the taking of private property for purposes other than a “public use” as limited by our federal Constitution; the use of federal taxing powers in a manner unauthorized by legislative intent of our Constitution, and particularly violating the rule of apportioning “direct“ taxes; the interference with our ability to develop our natural resources, namely oil, coal and natural gas to fuel our economy; the looting of both our federal treasury and an unconstitutional federally mandated retirement fund; the brainwashing of our nation’s children in government operated schools; the trashing of our nation’s traditions and moral values; the creation of an iron fisted control unauthorized by our written Constitution over America’s businesses and industries; the devaluation of our nation’s currency by Federal Reserve Notes, a worthless script, having been despotically made a legal tender for all debts public and private, and, the future enslavement of our children and grand children via unbridled debt and inflation, not to mention an iron fisted government which intends to rule their very lives!
 

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