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Wednesday, December 28, 2011

A new way to make Obamacare unconstitutional | The Examiner | Op Eds | Washington Examiner

In Colorado's State House of Representatives, Rep. David Balmer is preparing to open a new front next month in the battle to repeal Obamacare.
Congress, Obama, and the Supreme Court will be bypassed and Obamacare will be repealed using the ultimate weapon available to the states -- a state-initiated and ratified amendment to the United States Constitution that essentially declares, "Obamacare is repealed."

The Colorado Republican's proposed 28th Amendment reads: "The Patient Protection and Affordable Care Act, and any amendments thereto, are repealed."

The direct constitutional repeal of Obamacare would simply erase the law. Since the amendment is retrospective and would not limit future legislation, the majority of Americans who support the repeal of Obamacare can support the amendment.

Moreover, the amendment would be impervious to claims of unintended consequences since it does not prospectively alter any powers, rights or limitations of the Constitution.

Such an amendment is not unprecedented. The 21st Amendment reads, in part, "The eighteenth article of amendment to the Constitution of the United States is hereby repealed," and thus repealed the prohibition of alcohol.

As the supreme law of the land, a constitutional amendment repealing Obamacare would be equally unassailable.

The Constitution balances the executive, legislative and judicial branches. Foreseeing potential overreaching by the federal government as a whole, it also balances state and federal power.

This is manifested in Article V, which describes how the Constitution may be amended. Amendments may be introduced by a "Convention for proposing Amendments" that must be called "on the Application of the Legislatures of two thirds of the several States."

Read more at the Washington Examiner:

Link to entire article:A new way to make Obamacare unconstitutional | The Examiner | Op Eds | Washington Examiner

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