Democrats are using every trick in the book to push health care reform legislation through before the end of the year. In the face of such pressure, conservatives are looking for ways to slow down the process.
The Conservative Action Project (CAP) is considering a constitutional challenge to the health care legislation. A statement from the group reads:
"Mandating that individuals must obtain health insurance, and imposing any penalty – civil or criminal – on any private citizen for not purchasing health insurance is not authorized by any provision of the U.S. Constitution."
Democrats have claimed that the individual mandate is authorized under the Commerce Clause, the General Welfare Clause or the Taxing and Spending Clause, according to CAP.
CAP argues that the federal government has limited jurisdiction, "unless a specific provision of the Constitution empowers a particular law, then that law is unconstitutional."
"Government can only regulate economic action; it cannot coerce action on the part of private citizens who do not wish to participate in commerce," the group said.
Meanwhile, individual states may also end up challenging the bill if it becomes law. After a series of negotiations Friday night, Sen. Ben Nelson, D-Neb., allegedly agreed to a compromise that would have the federal government paying for Medicaid expansion in his home state, in exchange for his vote.
Sen. Lindsey Graham, R-S.C., told Fox & Friends on Tuesday, he thinks "it's incredibly inappropriate."
"Legally, I think other states can make a constitutional challenge," he said for a deal, "that was not shared with the rest of the country."
TAKE ACTION
Ask your senators to vote "No" on the health care reform bill.
