Skip to comments.Commerce and America`s Affordable Health Care Choices Act
Posted on 03/25/2012 7:19:17 PM PDT by JOHN W K
We are told by certain members of Congress who have voted to pass America`s Affordable Health Care Choice Act that Congress has the authority to enact and enforce the new law under Congress` power to regulate commerce among the States. But is that true? Was the power to regulate commerce among the States intended by our founders to be a grant of power to allow Congress to enter the various States and interfere with the inalienable right of the people to make their own choices and decisions regarding their health care needs? Is this really within the definition of ``commerce`` as it was understood by founders during the time our Constitution was framed and ratified? The answer to this question is of vital importance because a fundamental rule of constitutional law requires Words or terms used in a constitution, being dependent on ratification by the people voting upon it, must be understood in the sense most obvious to the common understanding at the time of its adoption
In addition to this rule there is another rule to be followed _ enforcing the expressed intentions under which our Constitution was adopted _ but which our Courts ignore when engaging in judicial tyranny. A recent example being the Kelo decision. This second rule, regarding legislative intent, is summarized as follows:
“The fundamental principle of constitutional construction is that effect must be given to the intent of the framers of the organic law and of the people adopting it. This is the polestar in the construction of constitutions, all other principles of construction are only rules or guides to aid in the determination of the intention of the constitution’s framers.”( numerous citations omitted).___ Vol.16 American Jurisprudence, 2d Constitutional law (1992 edition), pages 418-19, Par. 92. Intent of framers and adopters as controlling
Thus, to answer the question if the exercise of authority as described in “Obamacare” is within the intended limits of Congress’ power to regulate commerce among the States, two things must be established as fact: (1) the meaning of “commerce” as used by our founders included the personal choices and decisions which people make regarding their health care needs; (2) The intended purpose for which Congress was granted power to regulate commerce among the states includes authority to regulate the internal commerce of each State, and vests a federal supreme power to likewise regulate the people’s health care needs and choices therein.
So, what is the meaning of commerce as used in our Constitution? The historical record establishes that the word ``commerce``, as our founding fathers used the word was inextricably connected and limited to trade and transportation of merchandise which took place ``among the States``.
In U.S. vs. Lopez, after exhaustively documenting the meaning of commerce during the time period our Constitution was being framed and ratified, the Court summarized the constitutional meaning of commerce as follows: “Agriculture and manufacturing involve the production of goods; commerce encompasses traffic in such articles.”
It appears only too clear from the meaning of ``commerce`` as used during the time period our Constitution was being framed and ratified, that the power in question was intended to apply to trade and transportation of merchandise which took place ``among the States`` as distinguished from the same activity which occurred within a State`s borders!
Indeed, the word “commerce” as understood by our founders had absolutely nothing to do with, or was even remotely related to the people‘s “health care“ needs within the States.
Let us now answer what the intended purpose of granting power to Congress to regulate commerce among the States. What was the evil to be corrected? A clue revealing the purpose is immediately found in Art. 1, Sec. 9 of our Constitution.
“No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.”
This happens to be the very intentions for which the power to “regulate commerce” was granted, and can be boil down to an intention to insure free trade among the States. In Federalist Paper No. 42 we find the very intentions for which the power was granted:
“A very material object of this power was the relief of the States which import and export through other States, from the improper contributions levied on them by the latter. Were these at liberty to regulate the trade between State and State, it must be foreseen that ways would be found out to load the articles of import and export, during the passage through their jurisdiction, with duties which would fall on the makers of the latter and the consumers of the former. We may be assured by past experience, that such a practice would be introduced by future contrivances; and both by that and a common knowledge of human affairs, that it would nourish unceasing animosities, and not improbably terminate in serious interruptions of the public tranquility.”
The power to regulate commerce among the states was in fact intended to prevent one state from taxing another state’s exported goods, wares and merchandise as they passed through its borders, or interfere with the traffic in such articles.
Additionally, the power to regulate commerce granted to Congress was also intended to allow Congress to have oversight in a specific and clearly identified area__ a State‘s inspection laws:
“No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing it's inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.”
It is sheer insanity to even suggest the State Delegates to the Convention of 1787 which framed our Constitution, or the State Legislatures when ratifying the Constitution, intended by the power in question to be delegating authority to Congress to enter the various States to regulate the health care needs of the people therein and interfere with the people’s personal choices and decision making regarding their health care needs.
As a matter of fact, our very own Supreme Court is on record repeatedly acknowledging health laws are within the powers retained by the states!
For example, Justice John Marshall stated the following in Gibbons v. Ogden, 1824
State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress.
And Justice Barbour referenced the above case in New York v. Miln, 1837, and confirmed the State’s retained authority over the subject of health laws:
"Inspection laws, quarantine laws, health laws of every description,as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass."
Finally, almost 100 years later the Supreme Court again acknowledged Congress is without power to regulate medical practices in the States.
“Direct control of medical practice in the states is obviously beyond the power of Congress.”_ Linder v. United States, 1925
The fact is, our founding fathers intentions concerning Congress’ powers as described in the above mentioned cases are summarized in Federalist No. 45
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.
And the above words were given force and effect when the Ninth and Tenth Amendments to our Constitution were adopted!
And this brings us to another question. When have the American People debated granting power to Congress to enter their States and tax for, spend on and regulate their health care needs and choices, and then, as required under Article V of our Constitution, gave their consent to such power by a three fourths approval of the Legislatures of the several States, or by Conventions in three fourths thereof? The answer is never. As a matter of fact a majority of the States, have officially rejected such power being granted to the federal government by filing suite, and, a majority of the American likewise reject the adoption and enforcement of “Obamacare”. So what can be pointed to in our Constitution authorizing Congress to enter the States and interfere with the people’s inalienable right to make their own choices and decisions regarding their health care needs?
Federal health care by consent of the governed (Article 5) our amendment process --- tyranny by a majority vote in Congress or a Supreme Court's progressive majority vote
Dictator Baby-Doc Barack has ALWAYS ignored The US Constitution, ESPECIALLY with Obama”care.”
The cancer of Obamacare now extends to choosing a Public health expert for the World Bank Presidency.
The major problem with THE NINE SUPREMES is that they are chosen for political reasons by the POTUS, and then they vote as an un-accountable democracy, for a Nation that is NOT a Democracy, but a REPUBLIC.
As a result, THE NINE SUPREMES commonly vote 5 to 4 on most issues. Constitutionality is seldom a consideration, and their up-coming ruling on Obamacare will prove my point.
Now is the time to stand and deliver to address our grievances to the dictates of the Left.
Oppose the dictates of Dictator Baby-Doc Barack!
Our ONLY chance to ABOLISH Obamacare rests with THE NINE SUPREMES, because Romney will be defeated by Obama.
IMHO, if Romney is anointed as the RNC Nominee, THE main issue in the National Election, Obamacare, will be taken off the campaign table. Hence, Romney will not only lose, but suffer another crushing, and sadly typical, RINO defeat.
To those who want poster ideas, here are a few ideas for demonstration posters:
Obamacare was robo-signed by Congress, and is therefore illegal.
Obamacare was 2700 pages long, and is still being written, but not by Congress: witness the forced contraception coverage recently added by HHS Regulators.
Obamacare has caused The Catholic Spring.
Obamacare reduces competition, and therefore is illegal by the 1890 Sherman Anti-Trust Law.
Obamacare is designed to be a US Federal Government monopoly, with no competition.
Obamacare also is illegal according to the US Constitution, because it violates our freedom of choice.
Will THE NINE SUPREMES notice any of these three violations? I seriously doubt it.
Impeached Bill Clinton proved that the US President is above US Federal Law, so anything that the President wants he gets, regardless of the Federal Laws that he has violated.
What does that mean?
BFLR means Bookmark For Later Read. I determined the article was worthy of a read during a brief look at the news on FR at a time I had no time to read in depth, only to scan the headlines, and excerpts, and wanted to come back later to read the article. By posting BFLR it showed up in my comments list so I could easily find the article to read when I had the time to do so.
Some folks mark with SFL meaning save for later, and others use other abbreviations, but the intent is to come back when they have the time to read what appears to be of interest.
Thanks for asking. Have a good day.
BTW good points in the article, and I have copied it to file for reference.
The truth is, the American People have never debated granting such power to the federal government and then gave their consent under Article V of our Constitution which requires consent of the peoplevia the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof. As a matter of fact, a majority of the States have actually said no to delegating such power to the federal government by filing suit in Court and have officially objected to the tyranny of Obamacare.
And so, the bottom line question being ignored by the Supreme Court is, when have the American People debated and then knowingly and willingly delegated a power to the federal government to regulate and interfere with one of mankind’s most fundamental and inalienable rights - the right to be free to make one’s own choices and decisions regarding health care needs?
Has our Supreme Court forgotten Roe vs. Wade which acknowledges the personal nature of heath care decision making and presumably rendered its decision to protect an inalienable right?
Federal health care by consent of the governed (Article 5) our amendment process. Tyranny by a majority vote in Congress or a Supreme Court's majority vote
I’m not educated in this area of concern, but reading over the years causes me to think that as the SCOTUS hasn’t been asked to address the specific issue you address here, they haven’t, and won’t until it is.
I believe SCOTUS is focused solely upon that aspect of the law they agreed to review.