There’s been a lot of talk about the unconstitutionality of the procedure the Democrats are contemplating in their death-march to pass Obamacare. Indeed, lawsuits are already being prepared to challenge it in court. My question is does the idea that the Dems would do this really surprise anyone?
A more fundamental question has been asked before in relation to health care legislation: Does the constitution allow for the federal government to mandate that individuals buy health insurance? To this question our beloved Speaker Pelosi responded “Are you serious? Are you serious?” Translation: We can do anything we want. The Commerce Clause says so.
To the Democrat party, the constitution is a ship without moorings, and can be sailed wherever they please when it suits them. It should come as no surprise that they are willing to use this convoluted procedure utilizing passage by treatment (“deemed” as having been passed) followed by a budget reconciliation to enact it.