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January 02, 2010
Where In Our Constitution Does Government Have Power To Mandate Health Care ~ It Does NOT!
WHERE IN THE CONSTITUTION DOES GOVERNMENT HAVE POWER TO MANDATE PURCHASE OF HEALTH CARE INSURANCE?
How depressing it is to hear the contorted logic, from our leaders in Congress, when asked to site the portion of the Constitution that gives the federal government authority to force a citizen to purchase a health insurance policy.
Even more discouraging are their pitiful answers (see below), considering that each has taken the oath, upon taking office, to "support and defend the Constitution of the United States". How can they fulfill this oath when they aren't even considering a bill's constitutionality when passing legislation? Their oath of office is becoming a national joke, and the joke is on us.
The proper answer is that there is no provision in the Constitution for anything even close to resembling the granting of power to force a citizen buy any product or service. It is a complete bastardization of the "General Welfare" clause, the Constitution as a whole, and everything this country was founded upon, to define that section as giving Congress a blank check to do anything they want. And believe me, if the government starts forcing you to buy things, there are no limits to what they can do.
The "General Welfare" clause is very clear in that "general" applies to the "whole" rather than to particular parts or special interests. Obviously, Congress has been abusing this for quite some time, but as my Dad used to say, "two wrongs don't make a right". The Founding Fathers are rolling over in their graves at our country, intended as "one country, indivisible", into one controlled by special interest groups.
James Madison, who is considered the main author of the Constitution, should know what the words, "General Welfare", meant. He wrote them! He explained the intended meaning of the phrase,"General Welfare", as:
With respect to the words, “general welfare,” I have always regarded them as qualified by the details of power connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution…[that] was not contemplated by the creators.”
Yet, some, "legal experts", arrogantly and shamefully define the clause to match whatever happens to further their freedom killing political agenda. The powers in Article I, Section 8, are very specific and the Tenth Amendment clarifies that any contrived powers politicians invent, that are not granted in the Constitution, are reserved to the States or to the people.
The Constitution is very clear in that it's intention is to LIMIT GOVERNMENT! Liberals or "Progressives" interpretation results in UNLIMITED GOVERNMENT! Unlimited government eventually to complete loss of freedom. History has proven this over and over again. No one being genuine can make the case that the Founding Fathers fought and died for a government of unlimited powers over us.
ObamaCare is clearly unconstitutional. It's passage will result in a loss of individual rights and freedom, as well as mashing the gas pedal down further on the financial road to disaster.
Below are various responses regarding the constitutionality of ObamaCare's insurance mandate. Special thanks to CNS News, and Downsize DC, for asking the questions and compiling the lists. Even though the question of constitutionality is the "800 pound gorilla" in the room, very few in the media are doing their duty in reporting this crucial issue. CNS News is the exception and they're doing the job that the rest of the media should be doing. You can access the complete story in each case by clicking on the Congressman, Congresswoman, or Senator's name. Every single one of these constitution-violating clowns should be removed from office at the earliest possible opportunity:
Senator Mark Warner (D-VA):
"...no place in the Constitution that specifically says health care" or education, but "we have made those choices as a country over the years."
"The United States Congress passed laws regarding Medicare and Medicaid that became de facto mandatory programs. States all the time require people to have driver's licenses... "
Senator Daniel Akaka (D-HI):
"I'm not aware of that, let me put it that way. But what we're trying to do is to provide for people who have needs and that's where the accessibility comes in, and one of the goals that we're trying to present here is to make it accessible."
"Not in particular with health insurance. It's not covered in that respect. But in ways to help citizens in our country to live a good life, let me say it that way, is what we're trying to do, and in this case, we're trying to help them with their health."
Senator Ben Nelson (D-NE):
"Well, you know, I don't know that I'm a constitutional scholar, so, I, I’m not going to be able to answer that question."
Senator Jack Reed (D-RI):
"I would have to check the specific sections, so I'll have to get back to you on the specific section. But it is not unusual that the Congress has required individuals to do things, like sign up for the draft and do many other things too, which I don’t think are explicitly contained [in the Constitution]. It gives Congress a right to raise an army, but it doesn’t say you can take people and draft them. But since that was something necessary for the functioning of the government over the past several years, the practice on the books, it's been recognized, the authority to do that."
Senator Roland Burris (D-IL):
"Well, that’s under certainly the laws of the -- protect the health, welfare of the country . . .That’s under the Constitution. We're not even dealing with any constitutionality here. Should we move in that direction? What does the Constitution say? To provide for the health, welfare and the defense of the country."
House Majority Leader Steny Hoyer (D-MD):
"Well, in promoting the general welfare the Constitution obviously gives broad authority to Congress to effect that end. The end that we're trying to effect is to make health care affordable, so I think clearly this is within our constitutional responsibility... We mandate other things as well, like paying taxes."
Senate Judiciary Chairman Patrick Leahy (D-VT):
"We have plenty of authority. Are you saying there is no authority?... Why would you say there is no authority? I mean, there's no question there's authority. Nobody questions that."
House Speaker Nancy Pelosi (D-CA):
“Are you serious? Are you serious?”
House Majority Whip James Clyburn (D-SC):
"There's nothing in the Constitution that says the federal government has anything to do with most of the stuff we do... show me where in the Constitution it prohibits the federal government from doing this?"
Sen. Kent Conrad (D-ND):
“No, but I’ll refer you to the legal counsel for the Senate and they’re the ones that lead there as the full legal basis for the individual mandate -- and I assume it’s in the Commerce clause.”
Sen. Diane Feinstein (D-CA):
“Well, I would assume it would be in the Commerce clause of the Constitution. That’s how Congress legislates all kinds of various programs.”
Sen. Mary Landrieu (D-LA):
“Well, we’re very lucky as members of the Senate to have constitutional lawyers on our staff, so I’ll let them answer that.”
Sen. Blanche Lincoln:
“Well, I just think the Constitution charges Congress with the health and well-being of the people,”
Sen. Jeff Merkley (D-OR):
“The very first enumerated power gives the power to provide for the common defense and the general welfare. So it’s right on, right on the front end.”
Wild Thing's comment........
Where in the Constitution does it say that the US Congress and the President has the right to ration care and deny care to American citizens for the express purpose of shipping them off to hospice centers to die. They want to pick and choose who lives in this free country from cradle to grave. Sound sinister? Sound like a plot? Sound like Germany 1937?
We can direct our questions and outrage to Obama, Nancy Pelosi, Harry Reid, Rahm and his brother, Mengele, or any member of the US Congress that voted for this Holocaust!
Nancy Pelosi said there are no limits to federal government power. These Communists actutally believe they have the power to pass any law and enforce them. This is why the founding fathers wrote the Second Amendment. They knew there would be such tyrants we would have to clean out.
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......Thank you RAC for sending this to me.
RAC has a website that is awesome. 336th Assault Helicopter Company
13th Combat Aviation Battalion - 1st Aviation Brigade - Soc Trang, Republic of Vietnam
Posted by Wild Thing at January 2, 2010 01:45 AM
Comments
Great picture. It makes the point of how so many of us feel.
Posted by: Bob A at January 2, 2010 10:47 AM
The healthcare proposal is not about the general welfare. It is about government gaining even more control and power. It is unconstitutional.
Posted by: TomR at January 2, 2010 11:44 AM
Yes it is in their constitution just look at Chapter 3: articles 19 through 27 it spells it out verbatim for the Democrats.
Posted by: Jack at January 2, 2010 03:58 PM
