April 9, 2010

Can the Government Force You to Buy a Condom?

By Bruce Hanson
Vice President Joe Biden may have exposed an unconstitutional flaw in the health care bill when he said under his breath to President Obama, "This is a big fu%*#g deal." Biden's naughty comment provided late-night TV hosts with an unlimited number of comic implications pertaining to the public "getting screwed." Nonetheless, an argument can be made that the Supreme Court has already decided that the health care bill is unconstitutional. Please let me explain. First some background on the Ninth Amendment of the United States Constitution.  The Ninth Amendment provides that "[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."Thus, a right is worthy of judicial protection even if it is not listed in the Constitution. To fail to protect these "other" unenumerated rights "retained by the people" in the same manner that we protect enumerated rights would...(Read Full Article)