Check out Section Twelve of the Party approved 1923 Version. It's all there!
Posted on 10/22/2009 3:41:31 AM PDT by Man50D
What do these three things have in common?
1. Man-made Global Warning.
2. The constitutionality of mandatory health insurance.
3. Obama’s citizenship.
They are things that “nobody questions.” I wonder why.
I probably didn’t do a very good job of explaining things. Let me try again and see if I do a better job.
Your interpretation of the 7-2 decision is correct. That is because the Justice Department argued that it was a “tax” (which it was, of course) which they claimed found a place under the general welfare clause.
That said, there is NO precedent, nor any avenue in the Constitution for ordering citizens to purchase an insurance product (or any other product, for that matter!). An this is what the mandate before us is. In fact, the CBO has noted at least once in the past (Hillarycare) that such a law would not pass muster. Evidently, the courts have recognized in the past that forcing citizens to purchase something gives rise to citizens being PREVENTED from buying things as well.
Mark Levin’s handle is “ holdonnow “ Give him a yell or call his show.
He’s already laying the bricks for Landmark Legal Foundation to take a whack at this, should it pass.
:)
If you argue with someone and they say the “general welfare clause” gives Congress ANY power at all, point out to them that the clause is not a power, but is a goal. The powers that congress is given to reach that goal are clearly enumerated in the “powers” section of the Constitution.
Of course, the general welfare is a goal, and that goal is best attained for ALL PEOPLE when congress is limited to the powers specifically enumerated in the constitution.
The federal government built the roads, so they had the power to set the rules for the roads.
The had the power to build the roads under the interstate commerce act, and also because the roads were deemed important for our national security, to ferry troops and munitions around the country.
But they never tried to require citizens to drive on the roads.
The problem is, they can easily word this in a way that makes it totally like something they’ve done before.
For example, they could simply pass a “medical care tax”, that applies to all Americans. Every person would pay the medical care tax, so it would be “constitutional” in the same way other taxes are constititional.
Then, they could pass a bill giving tax breaks to people who purchase insurance. They give tax breaks for all sorts of stuff — home insulation, child care, hybrid cars, attending college.
In the end, you would buy insurance, or else “pay the tax”, effectively giving the same result, but using widely accepted practices.
So while i totally agree that they have no constitutional authority to do this, We let the cat out of the bag a long time ago when we supported tax breaks for people doing “government favored” activity, like getting married and having children.
This is why I believe they made this a tax. And why Obama, who clearly doesn’t understand the constitution, sounded stupid when he said it wasn’t a tax — he thought they could simply make it a crime not to have health insurnace, but some staff member knew the way to do this we through the tax code.
http://leahy.senate.gov/contact.cfm
Where does Congress get the power to force people to buy health insurance?
signed, nobody.
Check out Section Twelve of the Party approved 1923 Version. It's all there!
Article III, Section 2. The House included it in HB 3200. I give it a near certainty in any obummercare bill.
If I am wrong, the living and breathing types on Scotus will happily look under a penumbra or emanation to find Congressional power to inflict another tax for “insurance” purposes as they did for Social Security. Moonbat case law these past 70 years has superseded the plain language of our Constitution and if needed, what's a little more moonbattery to promote social justice?
When was the last time Scotus shot down major social legislation?
We live in a Judicial Tyranny, not a republic.
CNSNews.com: Where, in your opinion, does the Constitution give specific authority for Congress to give an individual mandate for health insurance?Sen. Leahy: We have plenty of authority. Are you saying there is no authority?
Sen. Leahy: Why would you say there is no authority? I mean, there’s no question there’s authority, nobody questions that.Sen. Leahy: Where do we have the authority to set speed limits on an interstate highway? The federal government does that on federal highways.
Senator - and I use that term loosely like you do your lips - You have been in Congress for 35 years now, and based on your answers one can only conclude: it is time for you to retire.
You are apparently suffering from Dementia, Memory Loss, and are Senile, as plenty of people have, "Questioned Your Authority". Those people are the Nine Supreme Court Justices.
Given your mental illness, I realize it's not your fault for not being able to remember 'things', but near the end of the 'Rehnquist Court' era, 'your authority was questioned' quite a few times and The Supreme Court Overturned some 'laws' that you and your club members in Congress passed. They overturned them 'senator' because, 'You DID NOT Have The Authority'.
Don't take my word for it, I wouldn't either (/s). Just ask your colleague Sen. Diane Feinstein. Or as her friends call her, 'Di-Fi'. she's still ticked that her pet 'law', Gun Free School Zones, was overturned and ruled unconstitutional as 'she' overreached with the attempted use of the Commerce Clause.
And Senator, SCOTUS also scolded the senate in general to stop abusing the Commerce Clause. I believe they said, "The Commerce Clause Doesn't Pertain To Everything". Your mental illness apparently made you forget that too.
That is an easy answer because it doesn’t and IMHO as well as many others mandated health insurace is unconstitutional.
Great points. Government play us just like the drug dealers play us. Give us something, but hide the long run cost and consequences. By the time the true cost becomes apparent, it’s too late.
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