Poll: Is Obamacare unconstitutional?

by Staff Writer

Ever since President Obama introduced his first draft of his health care reform bill, critics have argued that certain portions go beyond the scope of the federal government's powers and are thus unconstitutional.  Fast forward to today, and the debate rages on, only now "Obamacare" is a reality, and the debate has made its way into the higher courts.  More specifically, the individual mandate portion of the bill that requires health insurance coverage by law for most Americans by 2014.

A number of recent decisions by higher courts have resulted conflicting opinions.   The U.S. Court of Appeals for the Fourth Circuit in Virginia overturned a lower court's decision that the mandate was unconstitutional stating that the state of Virginia didn't have the authority to challenge it.  The decision, didn't (however) comment on whether the mandate was or was not constitutional.  In fact, part of the decision even stated:

"The significance of the questions at issue here only heightens the importance of waiting for an appropriate case to reach the merits. This is not such a case,"

Meanwhile, one of the more closely watched cases involving this debate was decided in the 11th circuit and was among the first to conclude that the mandate was in fact unconstitutional.  With the varying decisions among the appellate courts, the next logical step is for the supreme court to weigh in on the subject once and for all.  Something that some predict could happen as soon as October.

It seems both sides agree that the continually increasing number of uninsured individuals is a problem that needs addressing, but what they can't agree upon is how to solve that problem.  A recent GOP debate question raised some eyebrows when the tea party sponsored audience members made their feelings clear on how to handle the willfully uninsured:

We want to know what YOU think:

Does or should the U.S. constitution restrict the government's ability to federally mandate health insurance?  Does the constitution protect your right to not purchase health insurance coverage? 

OR

Should the federal government have the power require health insurance?  Do the uninsured cause too much drain on the rest to allow it?

Is Obamacare's individual mandate unconstitutional?

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Feel free to elaborate in the comments.  We'd love to hear your thoughts!

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