Obamacare vs Constitution américaine (Washington post)

Position de Charles Krauthammer du Washington post sur le compromis dont on a tant parlé cette semaine. Un geste politique habile, mais est-il constitutionnel?  

"Consider the constitutional wreckage left by Obamacare: First, the assault on the free exercise of religion. Only churches themselves are left alone. Beyond the churchyard gate, religious autonomy disappears. Every other religious institution must bow to the state because, by this administration’s regulatory definition, church schools, hospitals and charities are not “religious” and thus have no right to the free exercise of religion — no protection from being forced into doctrinal violations commanded by the state.

Second, the assault on free enterprise. To solve his own political problem, the president presumes to order a private company to enter into a contract for the provision of certain services — all of which must be without charge. And yet, this breathtaking arrogation of power is simply the logical extension of Washington’s takeover of the private system of medical care — a system Obama farcically pretends to be maintaining.

Under Obamacare, the state treats private insurers the way it does government-regulated monopolies and utilities. It determines everything of importance. Insurers, by definition, set premiums according to risk. Not anymore. The risk ratios (for age, gender, smoking, etc.) are decreed by Washington. This is nationalization in all but name. The insurer is turned into a middleman, subject to state control — and presidential whim.

 Third, the assault on individual autonomy. Every citizen without insurance is ordered to buy it, again under penalty of law. This so-called individual mandate is now before the Supreme Court — because never before has the already hypertrophied Commerce Clause been used to compel a citizen to enter into a private contract with a private company by mere fact of his existence.

 This constitutional trifecta — the state invading the autonomy of religious institutions, private companies and the individual citizen — should not surprise. It is what happens when the state takes over one-sixth of the economy.

 http://www.washingtonpost.com/opinions/charles-krauthammer-overreach--obamacare-vs-the-constitution/2012/02/16/gIQAmupcIR_story.html