700 plus companies exempt from Obamacare

by drclarkjensen on February 11, 2011

Did you know that over 700 companies are now exempt from the requirements of Obamacare?  Not only are there over 700 companies that are exempt from Obamacare,  but a big percentage of those who are asking for exempt status are Obama supporters.  Forty percent of the workers represented come from Unions and for the most part the Unions supported Obamacare.  Now they are asking for exemptions.  Why?

Companies are asking for exemptions because without the exemptions they would have to drop current health care coverage for their employees.  Under Obamacare rules, insurance costs become so high that companies can’t afford to pay the premiums, so they ask for an exemption.  Let’s see, what part of the Constitution does this violate?

The Fourteenth Amendment comes to mind first because it promises equal protection of the laws.  If the concept of equal protection is in place shouldn’t all the rest of us qualify for an exemption?  Why are some exempt and others not exempt?  Who gets to decide who is exempt and who is not exempt?  Guess.  You got it, the executive branch.  The Department of Health and Human Services (HHS), an executive branch agency gets to grant those exemptions.

What is the Department of Health and Human Services?  Well, I started to read about the HHS on Wikipedia and it gave me a headache.  This is crazy.  To start with, HHS is one of many administrative agencies that are violating Article I, section one of the Constitution which says all legislative power shall be vested in Congress.   Besides that little issue, there are many agencies that fall under the HHS umbrella.  Some of those include the Food and Drug Administration (FDA), Centers for Medicare and Medicaid Services (CMS), Center for Disease Control and Prevention (CDC), Indian Health Services (IHS) and others.  The HHS is huge and has a lot of control over the people.  So HHS gets to say who is exempt from Obamacare.  Good idea!  That sounds like Chicago politics to me.

Another part of the Constitution that is being violated right now has to do with the Obama administration ignoring the ruling by federal Judge Roger Vinson.  Judge Vinson ruled that Obamacare was unconstitutional.  According to the law of our nation, when a law is ruled to be unconstitutional, it is no longer valid.  Is the Obama administration paying attention to the ruling?  Not at all, they continue to expect and demand implementation of Obamacare.

There have been two ruling’s against Obamacare, one by Judge Hudson and the other by Judge Vinson.  Judge Vinson’s ruling was the more powerful of the two rulings and declared the whole bill to be unconstitutional because neither the commerce clause or the necessary and proper clause of the Constitution provides authority for the federal government to require citizens to buy health insurance.  The Obama administration argued that the bill wouldn’t work without the provision that the citizens had to purchase health insurance.  Judge Vinson took them at their word and ruled the whole bill unconstitutional.

Let’s go one step farther,  The Tenth Amendment is being ignored and trampled on as well by Obamacare.  According to the Tenth Amendment, the federal government does not have jurisdiction over health care issues.  If any government entity is going to tackle these kinds of issues Constitutionally it needs to be the state not the federal government.

Does the Obama administration care?  Not at all.  What Obama wants, Obama gets!

Does Obama care what the people want?  Apparently not, because, according to the Rasmussen poll of likely voters, 58% of voters favor repeal of Obamacare.  While Obama is lecturing Mubarak to give the people of Egypt what they want and step down now, he (Obama) is ignoring the will of the people here.   How arrogant can you be?

Will the people or will the federal government win this war?  It depends on the people.  It depends on whether we will stand up and be counted.  It depends on how much noise we make and how vehemently we demand that the federal government respect the idea of limited government.

Go call your Congressmen and Governor and any other public servant you can think of who might have any say in this matter and let them know that Obamacare needs to be buried once and for all.

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{ 11 comments… read them below or add one }

Daniel February 11, 2011 at 10:30 pm

Clarke this honestly scares me. What is our government coming to? I didn’t realize that so many amendments were being broken.


J July 2, 2012 at 7:15 am

Hmm….seems the whole thing was constitutional after all


Don Dierdorff July 2, 2012 at 10:07 am

I would like to know anyone who can explain Obamacare in it’s entirety, in layman’s terms.


eedy July 15, 2012 at 2:07 pm

I can. It’s called lie to the people. Promise them everything and when you have them in the palm of your hand, screw them over completely and eliminate everything you gave them.


rauljg September 27, 2013 at 1:27 pm

If you don’t know by now shame on you. Law has been around for years. Ignorance is bliss. Maybe if you stopped listening to right wing sources only you would have a clue.


Korry July 6, 2012 at 10:03 pm

This is BS. There aren’t amendments being violated, and there aren’t companies being exempted. Sources, please. I think you’re lying.


Seth July 9, 2012 at 2:18 pm

Seriously Korry!? Type Obama Care exemptions into your google search and you will be rewarded with 13.4 million results in 1.8 seconds.


rauljg September 27, 2013 at 1:34 pm

Think the cons are confused. May be confusing the initial waivers with actual exemptions. The waivers were only to extend the time to fully comply with the law not totally exempt anyone. There are no actual exemptions except for religious institutions like churches. Big debate over hospitals and other businesses that are run by religious entities on whether they should have exemption or not. I say no as they chose to be in business and not just be a church so they follow the law like all other businesses.


Scott February 14, 2013 at 12:09 am

First off, Congress passed health care. which means that HHS is not violating the constitution because they are implementing legislative decisions which is the definition of the executive branch. Secondly, Judge Vinson ruled ObamaCare unconstitutional but failed to file an injunction or take legal action. Meaning that his ruling holds no legal weight. Thirdly when the 10th amendment was ratified, it meant the states could choose whether or not there citizens could have slaves, so that amendment hasn’t had power since the civil war. Fourthly The Rasmussen poll for the 2012 presidential election had Republicans winning by 5% so to say that this poll is an accurate interpretation of what Americans want is a really big stretch… So people reading this, remember that this article as no Journalistic integrity.
Dr. Clark you need to get more involved in your History book and study the constitution more. look up United States v. Butler and South Dakota v. Dole, in these cases you’ll see that no federal court has struck down a spending program on the ground that it failed to promote the general welfare. However, federal spending programs have been struck down on other constitutional grounds.


Sierra March 1, 2013 at 12:11 pm

Just because a corrupt congress that doesn’t even read a bill let alone the constitution passed it doesn’t make it constitutional. And, this government was set up to have a limited federal government where states were left with the powers that weren’t clearly enumerated to the federal government in article one section eight. Is healthcare an enumerated power? No. So, according to the tenth amendment, that is given to the state to decide. The constitution is the supreme law of the land, and is being ripped to shreds with this and other legislation being made in places it’s not supposed to. I think you are the one who needs to study the constitution more. On top of that, perhaps you should read dr. Jensens book. Then perhaps you might know more about how much he truly does know the constitution.


SCOTT March 2, 2013 at 4:08 pm

What I meant by understanding the Constitution I also meant by reading court cases of people who have tried the Constitution that’s when you begin to understand why it works and why it doesn’t. I Should say again that this bill passed through the president, approved by congress and approved by the courts. So until you can prove that you or Dr. Jensen knows more about the constitution then a constitutional lawyer/ president, state elected officials or the highest ranked judges in land Ill just stick with what I know. Now im just going to go try to wrap my mind around this whole Republican sequester thing.


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