Tag: U.S. Supreme Court

Constitutional Rights of Free Speech and Petition for Redress of Grievances

The United States and Michigan constitutions guarantee our rights to free speech and to petition the government for the redress of grievances.   During the past week, we have seen graphic and contrasting examples of these rights in action.   The federal and state constitutions protect both examples equally.   However, one would hope to hear less of the local speech and would also hope that the national example would have a positive influence upon the nature of political discourse in this country and state.

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Health Care Mandate – UNCONSTITUTIONAL!

This afternoon, a three judge panel of the 11th Circuit Court of Appeals ruled 2-1 that the so-called “individual mandate” (the Obama health care reform law’s requirement that virtually all Americans purchase health insurance or face penalties) is unconstitutional.  The decision in Florida et al v. Dept. of Health & Human Services et al, a suit brought by 26 states, marks the first time that a judge appointed by a democrat has voted to strike down the mandate.  The panel ruled that the individual mandate portion of the law exceeds Congress’ power under the commerce clause by “mandating that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die.”  However, the appellate court did not go as far as the district court that originally heard the case, which found the entire health care overhaul to be unconstitutional.

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