As we continue to look at healthcare, we'll give some more opinions on the constitutionality of the mandated insurance.
Here is an article from the IBD Editorials Investors.com - Health Care Not In Constitution
We are expanding government way beyond its limits and continuing to erode individual liberties. I hope everyone will financially support a legal challenge of the constitutionality of this Healthcare bill if it ever gets passed.
Health Care Not In Constitution
Posted 12/23/2009 05:58 PM ET
Self-Evident Truths: Sen. Dianne Feinstein says it comes under the Commerce Clause. Rep. Steny Hoyer says it's mandated by the "general welfare" clause. Despite liberal wishes, health care is not a right.
The "living Constitution" that Democrats and their court appointees have given us may be the death of our freedoms. Their constitution adapts to the times and serves the whims of the elitists. The Constitution is supposed to limit government powers. It does not allow government to do anything it feels like doing.
Cass Sunstein, the head of the Office of Information and Regulatory Affairs, is the author of "The Second Bill of Rights: FDR's Unfinished Revolution and Why We Need It More Than Ever."
He writes glowingly of how President Franklin Roosevelt, unsatisfied with the Constitution the Founding Fathers wrote, proposed a Second Bill of Rights in a speech on Jan. 11, 1944.
One of the new "rights" FDR envisioned was "the right to adequate medical care and the opportunity to achieve and enjoy good health." If health care were a right under the U.S. Constitution, FDR would not have had to propose it as one to be added.
Yet liberals believe it should be, and some believe it is. Feinstein, the senior senator from California, was asked Tuesday by CNSNews on what constitutional authority the Senate and House bills are authorized. She responded, as others have, "Well, I would assume it would be in the Commerce Clause of the Constitution. That's how Congress legislates all kinds of various programs."
Maybe so, but it's a power that has been grossly abused and distorted beyond all meaning. The Commerce Clause was intended for the regulation of economic activity across state lines that involves the production distribution or consumption of commodities. One does not go to a doctor to engage in commercial activity.
Mandates including the one to buy health insurance go over the line. "Even if the Supreme Court has expanded the commerce power, there has been one constant," noted Sen. Orrin Hatch, R-Utah. "Congress was always regulating activities in which people chose to engage." He added that "rather than regulate what people have chosen to do," the mandates "would require them to do something they have not chosen to do at all."
When asked the same question, House Majority Leader Steny Hoyer pointed to Article 1, Section 8, which gives the Congress the power to raise taxes in order to "provide for the common Defence and general Welfare of the United States." Does that give Congress the authority to buy things like health insurance?
We and others have made the point that broccoli is good for our general welfare, but can Congress make us eat it and charge us if we don't? Losing a few pounds would help us all and reduce health care costs, but can Congress mandate health club memberships? Hoyer thinks so.
This clause says nothing about the citizens of the United States, only the United States as a whole. The Constitution provides for the raising of armies to defend the country, not for whether or when women should get mammograms and who should pay for them.
Hoyer is wrong, according to constitutional lawyer David B. Rivkin: "The notion that the general welfare language is a basis for a specific legislative exercise is all silly, because if that's true, because general welfare language is inherently limitless, then the federal government can do anything."
Does the "general welfare" allow for Senate Majority Leader Harry Reid to make backroom deals that tax other states and other citizens to benefit a single state such as Nebraska and its citizens and to literally bribe senators like Ben Nelson for their vote?
Health care is nowhere to be found in the U.S. Constitution. In fact, the only time the word "care" appears is in Article II, Section 3, which says the president of the United States "shall take care that the laws be faithfully executed." That includes our highest law, the U.S. Constitution.