Posted on 11/12/2009 8:21:06 AM PST by IbJensen
(CNSNews.com) – Sen. Daniel Akaka (D-Hawaii) says he is “not aware” of the Constitution giving Congress the authority to make individuals purchase health insurance, as the health care bills in both the House and Senate require.
When CNSNews.com asked whether the Constitution gives Congress the authority to make Americans buy health insurance, Sen. Akaka said: “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.”
When asked if there was a specific part of the Constitution that gives Congress the authority to make people buy health insurance, Akaka said: “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.”
Both House and Senate health care bills mandate that people buy health insurance, facing a financial penalty if they do not. Akaka said this mandate should not be looked upon as a penalty.
“It’s an idea of making it possible for people and this is what it’s all about,” he said. “I don’t look upon that as a penalty but as a way of getting help with health insurance.”
In 1994, when Congress was considering a universal health care plan proposed by then-President Clinton that included a mandate that all individuals purchase health insurance, the Congressional Budget Office (CBO) studied the issue and discovered that the federal government had never in the history of the United States mandated that individuals purchase any good or service.
“A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action,” said the CBO. “The government has never required people to buy any good or service as a condition of lawful residence in the United States.”
In an analysis published this July, the CBO said that an attempt to justify a mandate that people buy health insurance by using the Commerce Clause—which gives Congress the power to regulate commerce “among the several states”—raises a “novel issue.”
“Whether such a requirement would be constitutional under the Commerce Clause is perhaps the most challenging question posed by such a proposal, as it is a novel issue whether Congress may use this clause to require an individual to purchase a good or a service,” said the CBO.
In a recent interview with CNSNews.com, Sen. Orrin Hatch (R.-Utah), a longtime member of the Senate Judiciary Committee, said that it was “not constitutionally sound” for Congress to mandate that individuals buy health insurance.
“But here would be the first time where our [federal] government would demand that people buy something that they may or may not want,” said Hatch. “And, you know, if that’s the case, then we didn’t need a 'Cash for Clunkers,' all we had to do is have the federal government say you all got to buy new cars, no matter how tough it is on you. You know, they could require you to buy anything. And that isn’t America. That’s not freedom. That’s not constitutionally sound.”
Hatch said that if we let the federal government begin forcing us to buy things we may not want to buy without having a clear constitutional justification for doing so “we’ve lost our freedoms, and that means the federal government can do anything it wants to do to us.”
Below is the full transcript of the interview with Senator Akaka (D-Hawaii):
CNSNews.com: “Does the United States Constitution give the United States Congress the authority to mandate individuals to have health insurance, to carry health insurance?
Senator Akaka: “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.”
CNSNews.com: “In both the House and so far the Senate proposals have the mandate for individuals to get health insurance and I believe if you don’t get health insurance you’re penalized up to $750 per adult by the IRS, if you don’t get health insurance. Do you think that is a good idea or is that a bad idea?”
Senator Akaka: “Well, it’s an idea of making it possible for people, and this is what it’s all about. I don’t look upon that as a penalty but as a way of getting help with health insurance.”
CNSNews.com: “Is there any specific area of the Constitution that would give Congress the authority to be able to mandate individuals to have to purchase health insurance?”
Senator Akaka: “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.”
CNSNews.com: “If a bill comes to the floor with that actual mandate in it, the final bill, after both proposals are merged, would you support that bill?”
Senator Akaka: “Well, I’m inclined to support the bill that’s there now and reserve, you know, the right to look at it up to the last moment and see what happens. For Hawaii, it – we’ve been able to have it support what we’re doing in Hawaii. We think we have a good plan in Hawaii too. So, that’s where we are on this.”
Mandatory healthcare is COMPLETELY unConstitutional, but, unfortunately, it has to be law before it can be challenged.
The Politburo never paid any attention to the Soviet Constitution, either.
I was thinking his name should be classified as hate speech... I am sure someone somewhere will find it offensive. Saying this without reading the article, just the name struck me.
“it is important for people to be able to live a better life”.
In the USA, before Nov 4, 2008, there was every possible opportunity for any legal citizen to ‘have a better life’.
It meant that they would have to get up off their dead backsides, refuse Section 8 Housing, Food Stamps, Welfare, WIC, Earned Income Credit, and other forms of government handouts.
They would have to stay in school- stay off drugs and alcohol- learn some personal hygiene- learn some skills which have a value in the working world- and stay away from the rest of the losers they were raised with.
There are millions of examples of ‘the downtrodden’ who have made something of themselves in the USA.
They didn’t get there because Warren Buffet got his income taken from him and handed out elsewhere.
NObama said he was ‘going to level the playing field’.
I understood that from the first time I heard it. No One would believe me.
It is now happening.
NObama is never going to raise up the person who ‘wants a better life’.
He is only going to tear down those of us who have stayed in school- learned a skill- worked hard and diligently for our employers- stayed out of jail- a laundry list of behavior which made us good citizens of our communities and valuable to our employers.
None of my 3 brothers nor myself have ever been in trouble. None of us has ever been on any kind of welfare or handout. We have paid our bills, raised our kids, and been a benefit to the community. We are now the targets of the NObama administration for whatever level of success we have worked hard to attain. All 4 of us were self-employed.....3 with employees.
You cannot replace a productive person with a person who has lived their entire life on free handouts, with no skills and no motivation.
Where will the next generation of printers- bookkeepers- auto mechanics- building painters- accountants- landscapers- heating/cooling metal fabricators- computer experts- come from?
Most certainly NOT from the labor pool that NObama is praising and attempting to bring to his ‘level playing field’.
Good luck to those of you in the future who never learned to fix something yourself. Roofers, glaziers, appliance repairs- you will not have persons who know how to do things. Persons who know how to use their hands.
This generation only knows how to dial their cell phone to call someone else to ‘fix it’.
It won’t be long before there is no one on the other end of that call.
Good Luck.
What’s with jailing people who don’t have health insurance? Its for their own good. “
How many homeless persons are there in the USA?
The government at all levels has spent millions of dollars trying to build shelters for these people.
Are we going to put them all into prison for 5 years instead?
Is that 5 year sentence a rolling item...as each year comes up for insurance renewal, they cannot pay in that year, now the next, etc, so the prison sentence just keeps rolling forward???
How much money will be spent on illegals???
We are already paying for medicare. Been doing it for years.”
I heard last night that Dirty Harry wants to raise the percentage of employer/employee payment into Medicare for gross incomes $250,000 and over- with no cut off.
It is currently 1.45%, for each= 2.90% of your gross paycheck.
Let’s say that Dirty Harry wants to raise it ‘only 1%’- for each half.....
I did a little math-
Bret Favre signed a reported $13 million one year contract with the Vikings.
Bret already pays $188,500 for his 1.45% of $13 million. The Vikings match that for another $188,500. Total ==$377,000. Just for one employee for current Medicare!!
Adding an extra 1% for Bret is another $130,000 from his paycheck- and additional $130,000 from the Vikings.
That would be a total of $260,000 for the additional ‘just 1%’ from this Congress. Now a grand total of $637,000 would disappear from Bret and the Vikings and disappear down the Medicare rat hole.
This is the same rat hole that has perfectly able bodied persons drawing Disability payments while they can ride all over town and shop and go desert dune buggy riding....NOT exactly disabled!!
My example is just for ONE sports athlete. I haven’t even thought about all the entertainment and Hollywood types!!
Wonder how Babs Streisand will feel about paying out this money?????
You got a way of not paying FICA? If you are in certain fields you can opt out...but most have no choice.
Both he and Congress must be flushed....but quickly!
Better not make that call. Being a lawyer, he may be a secret member of the ruling party and may turn you in to the gaystapo.
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