It's the Constitution, Stupid!

In June or July of 2012, the U.S. Supreme Court is expected to hear arguments in the ongoing battle of 26 different states suing the federal government over the implementation of the Affordable Health Care Act, commonly known as Obamacare, and more specifically, the individual mandate that requires American citizens to purchase health insurance or face a penalty in the form of a fine from the federal government.  The states all claim that the mandate is unconstitutional.  So let's look at the Constitution, specifically amendments 9 & 10, the last 2 amendments of what is commonly known as the Bill of Rights.

The 9th Amendment says:
     "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

The 10th Amendment says:
     "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."

So here's the deal.  The Congress does not have the authority to force the American people to purchase ANYTHING under penalty of a fine.  And since they do not have this authority, it is reserved to the states.  This is why Massachusetts has a state-run health care program implemented under then-Governor Mitt Romney, known as "Romneycare."  It is perfectly within the rights of each individual state to have a state government-run health care system, or any other system if they so desire, as long as it is not prohibited by the Constitution.  If the citizens of said state do not like the policies of their state government, they can as Ronald Reagan once said, "vote with their feet."  In essence, move to another state.  They can also vote all their state representatives and senators out of office and elect people who will repeal the unpopular program(s).  But those powers were never given to the federal government.  That's what is important to remember here.  Each state has the authority, under the Constitution, to implement any program they feel would be in the best interest of it's citizens, as long as those citizens have some say in the process.  But when it comes to the federal government, it does not apply because the citizens cannot move to another country and still keep all the rights allotted them as a U.S. citizen.  So, if Obamacare and the individual mandate are upheld by the Supreme Court, it will essentially render the 9th and 10th Amendments null and void and open the door for Congress to require Americans to do whatever they wish under penalty of a fine or other form of punishment. Further, if the court invalidates the 9th and 10th Amendments, what's to stop them from going after any other part of the Constitution they don't agree with?  Free speech?  The right to bear arms?  Freedom of religion?  Protection from illegal search and seizure?  Does anyone remember Germany in the 1930's?  It's a worst-case scenario I know, but it is not outside the realm of possibility.  Bottom line, the Constitution is not a "living document."  It is not open to interpretation.  It is what it is, the law of the land.  And if Obamacare is upheld by the Supreme Court, be afraid.  Be very afraid.