Issue Position: ObamaCare Violates Ex Post Facto Provision

Issue Position

By: Bob Ries
By: Bob Ries
Date: Jan. 1, 2014

Ex Post Facto Laws are prohibited in Article I, Section 9 of the US Constitution. Ex post facto is a Latin term meaning "from a thing done afterward". The intent of our Founding Fathers was to keep the US Government from passing laws that retroactively make an act illegal.

Insurance Companies have for years entered into legal contracts, called policies, with individuals to provide payment for specific health, or accident, occurrences for a specific amount of money called premiums. Under the laws of the land at the time these policies were written, they were legal.

ObamaCare has now established laws making some of these "legal" policies "illegal", requiring Insurance Companies to cancel these "contracts" under penalty of law. Obama Care makes illegal an act that was legal prior to the passing of a future law. This is clearly a violation of the US Constitution, but is causing Insurance Companies to cancel policies; or to not renew expected, inferred and probably orally agreed upon automatic renewals.

We need to have a Governor of any State challenge the Constitutionality of Obama Care for the above reasons. This challenge must be made directly to the Supreme Court, under Article III, Section 2, of the US Constitution which states that the Supreme Court is the Court of Original Jurisdiction, and not an Appellate Court, for any Case involving a State.


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