Posted on 10/23/2009 5:51:07 AM PDT by IbJensen
CNSNews.com) When CNSNews.com asked House Speaker Nancy Pelosi (D-Calif.) on Thursday where the Constitution authorized Congress to order Americans to buy health insurance--a mandate included in both the House and Senate versions of the health care bill--Pelosi dismissed the question by saying: Are you serious? Are you serious?
Pelosi's press secretary later responded to written follow-up questions from CNSNews.com by emailing CNSNews.com a press release on the Constitutionality of Health Insurance Reform, that argues that Congress derives the authority to mandate that people purchase health insurance from its constitutional power to regulate interstate commerce.
The exchange with Speaker Pelosi on Thursday occurred as follows:
CNSNews.com: Madam Speaker, where specifically does the Constitution grant Congress the authority to enact an individual health insurance mandate?
Pelosi: Are you serious? Are you serious?
CNSNews.com: Yes, yes I am.
Pelosi then shook her head before taking a question from another reporter. Her press spokesman, Nadeam Elshami, then told CNSNews.com that asking the speaker of the House where the Constiution authorized Congress to mandated that individual Americans buy health insurance as not a "serious question."
You can put this on the record, said Elshami. That is not a serious question. That is not a serious question.
Currently, each of the five health care overhaul proposals being considered in Congress would command every American adult to buy health insurance. Any person defying this mandate would be required to pay a penalty to the Internal Revenue Service.
In 1994, when the health care reform plan then being advanced by President Clinton called for mandating that all Americans buy health insurance, the non-partisan Congressional Budget Office studed the issue and concluded:
The government has never required people to buy any good or service as a condition of lawful residence in the United States. An individual mandate would have two features that, in combination, would make it unique. First, it would impose a duty on individuals as members of society. Second, it would require people to purchase a specific service that would be heavily regulated by the federal government.
Later on Thursday, CNSNews.com followed up on the question it asked Speaker Pelosi buy sending written questions for the speaker via e-mail to her Spokesman Elshami.
Where specifically does the Constitution authorize Congress to force Americans to purchase a particular good or service such as health insurance? CNSNews.com asked the speaker's office.
If it is the Speakers belief that there is a provision in the Constitution that does give Congress this power, does she believe the Constitution in any way limits the goods and services Congress can force an individual to purchase?" CNSNews.com asked. "If so, what is that limit?
Elshami responded by sending CNSNews.com a Sept. 16 press release from the Speakers office entitled, Health Insurance Reform, Daily Mythbuster: Constitutionality of Health Insurance Reform. The press release states that Congress has broad power to regulate activities that have an effect on interstate commerce. Congress has used this authority to regulate many aspects of American life, from labor relations to education to health care to agricultural production.
The release further states: On the shared responsibility requirement in the House health insurance reform bill, which operates like auto insurance in most states, individuals must either purchase coverage (and non-exempt employers must purchase coverage for their workers)or pay a modest penalty for not doing so. The bill uses the tax code to provide a strong incentive for Americans to have insurance coverage and not pass their emergency health costs onto other Americansbut it allows them a way to pay their way out of that obligation. There is no constitutional problem with these provisions.
That was a legit question. She should be run out of town.
The commerce clause and the necessary and proper clause - twin evils at the root of America's decay.
Third...
The commerce clause and the necessary and proper clause - twin evils at the root of America's decay.
In order to answer the question, the Speaker would have to actually know the contents of the document in question.
“The Constitution means whatever we want it to mean at this particular moment.”
That may sound like I’m being a bomb thrower, but that is seriously what they believe. It is inherent in their worldview that their intellect, by virtue of being alive now, is superior to that of those who wrote the Constitution, so it should be no barrier to what they are able to do.
Anyone hear the guy on Hannity yesterday toward the end of his show? That is the mentality of these people.
Is she serious? Is she serious...?
They didn’t print the rest of Nancee’s response, which was, “ ... My constitution is fine, thanks for axing, but what the hell does that have to do with this conversation?”
They seriously don’t care what’s in the Constitution.
Their wisdom and discretion is superior to it.
--the rebuttal to that line of thought is in the Federalist Papers--
Amen - under Pelosi’s logic, the Federal Government has the power to force every citizen to buy (or no longer buy) anything. This is beyond Fascism. It is totalitarian. They are overplaying their hand with these statements. But let us pray (and I mean really pray) that they are stopped.
Suppose they will use the same argument to force the Amish to buy insurance?
BTTT
The comparison would go further. If you don't have car insurance, don't drive a car. If you don't have health insurance, don't breath the air.
Constitution, what Constitution, we dont need no stinkin Cosntitution. Well make it up on the fly. God help us!
I am sure Pelagosi would draw the line at making every American buy a gun to support the Second Amendment.
First, because health insurance companies cannot offer policies across State lines, there is no interstate commerce occurring.
Second, even if you accept that Congress has the power to regular interstate commerce that isn't interstate, the interstate commerce clause does not give Congress the power to regulate non-commerce. In this case, individuals are NOT participating in interstate commerce because they are not purchasing anything. Therefore, Congress has no power to regulate their non-activities.
Third, Pelosi is an idiot.
If regulation of interstate commerce allows her to force people to buy insurance, the next question could be ‘why don’t you require everyone to buy a new car next year?’
Ironic in that insurance companies are restricted from selling across state lines but the interstate commerce clause is being used to justify mandates. Pelosi sounds like the Queen in Alice in Wonderland
There is no use trying; one can’t believe impossible things.” (Alice)
“I dare say you haven’t had much practice. When I was your age, I always did it for half an hour a day. Why, sometimes I’ve believed as many as six impossible things before breakfast. -Queen
It is against the general welfare of the people of the United States for the Amish to use horses to plow their land instead of using the more productive diesel powered tractors. They must upgrade or their land will be confiscated.
< /I wish it was sarcasm>
They do indeed believe they are intelligent and moral enough to do just that.
Notice that the only time they bring up anything about the Constitution is when they might find a way to thwart something a Republican is proposing.
The woman obviously thinks she has been elected queen of the universe. She can’t imagine any government demand being unreasonable. She thinks that she knows how to run our lives. She is Exhibit A in the story of why our country is going to hell.
It’s simply
There are Elitists and Individualists.
The Elitists are in power now.
Get them out - out of the GOP and out of the government.
Democrats ARE fascists, Godwin’s Law notwithstanding.
A rose by any other name still smells the same. And a turd is a turd no matter how much one tries to polish it.
Your days are numbered Nance. Your days are numbered.
In which states are residents who do not own automobiles obligated to purchase auto insurance?
Well, not only that, but it is a STATE decision.
We can’t lose the strong federalist argument against BO’s plans, either.
> Suppose they will use the same argument to force the
> Amish to buy insurance?
We know some Apostolic Lutherans who live in Massachusetts. They have large families, but, like the Amish and Mennonites, do not believe in things like health or life insurance, which they deem as depending on the world instead of depending on God.
Like the Amish and Mennonites, they always pay their own medical bills, if necessary, with the help from others within the Apostolic fold.
Thanks to Mitt Romney’s mandatory health insurance law, they have to pay a fine for not having health insurance.
Did you see the Tennessee thread yesterday?
They are pushing the idea of a federalist boycott of all unconstitutional federal laws/regs/mandates.
Then the sky's the limit. You MUST buy a "whatever" this year, because if you don't, it will have an effect on The Whatever Company, which is involved in interstate commerce.
You will find it in the New and Revised Constitution.
It is in the emanations from penumbras section, right below the freedom from religion clause.
Any group (not dependent on the gov’t) that tends to have large families WILL be targeted by the left.
This would be because we have elected historical, political, and morally bankrupt power hungry morons.
The older I get, the more I understand why they want the Second Amendment to go away.
“In order to answer the question, the Speaker would have to actually know the contents of the document in question.”
Has there ever been anyone as dumb ass stupid as Speaker Pelosi? She is as sharp as a bowling ball. BOWLING Ball that is!!!!!!
WE WISH THE HEALTHCARE INSURANCE WAS INTERSTATE, BE-OTCH!!!
WRONG!!! The founders realized that changes may have to be made to the Constitution due to changing times, but nowhere in it does it say it is open to free interpretation. They gave us Article V, the Ammendment process to handle such situations
And the other thing is this, she and her cohorts better watch it. Because I am prepared to sue for my rights based on the language of Roe v. Wade. My sister is a lawyer and I’ve contacted a half dozen more, who are willing to take my case...as I present it.
She might have to choose between health care and abortion....and do it in a court of law.
heh
“In order to answer the question, the Speaker would have to actually know the contents of the document in question.”
Has there ever been anyone as dumb ass stupid as Speaker Pelosi? She is as sharp as a bowling ball. BOWLING Ball that is!!!!!!
Hey, I know all that.
They know that but dismiss it.
Their view is that they are smarter and more capable of governance than those that wrote the Constitution with its restrictions on government power and its amendment process.
Why would they put any more value on the amendment process than they would on the rest of the document?
In the case of United States vs Reynolds, the SCOTUS determined that coercing a citizen into entering in to a contract violated the “wheel of servitude” which is prohibited by the 13th Amendment. Unlike “Life”, driving is not an UNALIENABLE right.
...Levy taxes to run the gubment.
Nothing about taxing to run our health care.
You’re right. There is no Federal law requiring anyone to buy auto insurance. Most states do have laws requiring it, but only to cover damage and injury to people other than yourself. If you finance a car, the bank will require you to have collision and liability to cover their potential loss, but there is no requirement that you insure yourself against potential loss.
They think they do, so that is why they are doing this.
Its for your own good, don't you know./s
They really do think this way. Some Democrats might have mumbled something about promoting the general welfare, but the truth is they couldn’t care less.
bfl
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