Dr. John A. Sparks, FloydReports.com
A three-judge panel of the U.S. Eleventh Circuit Court of Appeals has ruled that the key feature of the Patient Protection and Affordable Care Act, better known by many as “Obamacare,” is unconstitutional. The “individual mandate” portion of the legislation — a provision which requires all Americans to purchase health insurance or suffer a monetary penalty — was found by the panel in a 2-1 decision to be constitutionally infirm. The two judges who wrote the opinion, one a George H. W. Bush appointee and the other a Clinton appointee, used 207 pages to analyze the legislative intent of the enactment, to explore the existing pertinent case law, and to carefully consider all the possible arguments for the individual mandate offered by both sides.
In the end, their conclusion was that the question before them was “whether the federal government can issue a mandate that Americans purchase and maintain health insurance from a private company for the entirety of their lives.” The answer they gave was a resounding “no,” to which every American should respond with an “Amen.”
The opinion reminds us that the Constitution creates a federal government of numbered or enumerated powers. When Congress acts, it must….