A Message from Congress: No One Questions Our Authority

(CNSNews.com) - In the history of the United States, Congress has never forced individual Americans to buy any good or service. That would change if the health care bills approved by either the House or Senate ever became law. Each would require individuals to buy a health insurance plan approved by the government.

Since Congress started debating these bills, CNSNews.com has been asking members of Congress: Where does the Constitution authorize Congress to force individuals to buy health insurance? The legislators have given a variety of answers. Some could give no answer at all. The video embedded here puts their answers back-to-back.

“The powers delegated by the proposed Constitution to the federal government, are few and defined.” --James Madison Federalist No. 45

The health care bills approved by the House and Senate both mandate that individuals buy health insurance. Congress has never before ordered Americans to buy anything.

“The government has never required people to buy any good or service as a condition of lawful residence in the United States.” --Congressional Budget Office Memorandum, August 1994

Sen. Orrin Hatch (R.-Utah): “If that is held constitutional--for them to be able to tell us we have to purchase health insurance--then there is literally nothing that the federal government can’t force us to do. Nothing.”

CNSNews.com asked Members of Congress: Where does the Constitution authorize Congress to force individuals buy health insurance?

Senate Judiciary Chairman Patrick Leahy (D.-Vt.) CNSNews.com: "Where, in your opinion, does the Constitution give specific authority for Congress to give an individual mandate for health insurance?"

Leahy: "Why would you say there is no authority? I mean, there’s no question there’s authority. Nobody questions that."

House Speaker Pelosi Nancy Pelosi (D.-Calif.) CNSNews.com: “Madam Speaker, where specifically does the Constitution grant Congress the authority to enact an individual health insurance mandate?”

Sen. Mark Warner (D.-Va.) “There is no place in the competition, in the Constitution, there is no place in the Constitution, there is no place in the Constitution, there is no place in the Constitution, there is no place in the Constitution that talks about you ought to have the right to get a telephone, but we have made those choices as a country over the years.”

CNSNews.com: “Does the Constitution give Congress the authority to mandate whether individuals should purchase health insurance – to mandate that they have to purchase health insurance?” Warner: “The United States Congress passed laws regarding Medicare and Medicaid that became de facto mandatory programs. States all the time require people to have driver’s licenses. I think that this is a bit of a spurious argument that’s being made by some folks.”

Sen. Bob Casey (D.-Pa.) CNSNews.com: “Where does the Constitution give Congress that authority, for an individual health care mandate?”

Casey: “Well, I don’t know if there’s a specific constitutional provision.

Sen. Daniel 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?

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.

Sen. Roland Burris (D.-Ill.) CNSNews.com: “Federally, if you look at it from a federal standpoint, what area specifically of the Constitution would give Congress the power to mandate an individual to have health insurance?”

Senator Burris: “Well, that’s under certainly the laws of the--protect the health, welfare of the country. That’s under the Constitution. We’re not even dealing with any constitutionality here. Should we move in that direction? What does the Constitution say? To provide for the health, welfare and the defense of the country.”

Sen. Jack Reed (D.-R.I.) CNSNews.com: “Specifically where in the Constitution does Congress get its authority to mandate that individuals purchase health insurance?”

Reed: “Let me see. I would have to check the specific sections. So, I’ll have to get back to you on the specific section. But it is not unusual that the Congress has required individuals to do things, like sign up for the draft.

Sen. Bernard Sanders (I.-Vt.) CNSNews.com: “Where in the Constitution does Congress get the authority for a health insurance mandate?”

Sanders: “Where in the Constitution? Probably the same place that comes Medicare and Medicaid and the CHIP Program and the Veterans Administration, and the health care programs that we’ve been doing for many, many decades.”

Sen. Sherrod Brown (D.-Ohio) CNSNews.com: “Where in the Constitution does Congress get the authority for an individual health care mandate?”

Brown: “The same part of the Constitution that allows us to have Medicare. When I hear people that think this is a constitutional issue, my first question to them is, ‘Do you want to repeal Medicare?’ And some people, politically, are so extreme in this country that they want to repeal Medicare, and I think they’re dead wrong.”

Sen. Claire McCaskill (D.-Mo.) CNSNews.com: “Specifically where in the Constitution does Congress get the authority to mandate that individuals buy health insurance?”

McCaskill: “Well the -- we have all kinds of places where the government has gotten involved with health care and mandating insurance. In most states, the government mandates the buying of car insurance, and I can assure everyone that if anything in this bill is unconstitutional, the Supreme Court will weigh in.”

Sen. Jeff Merkley (D.-Ore.) CNSNews.com: “Specifically, where in the Constitution does Congress get its authority to mandate that individuals purchase health care?”

Merkley: “The very first enumerated power is power to provide for the common defense and the general welfare. So it’s right on, right on the front end.”

Sen. Dianne Feinstein (D.-Calif.) CNSNews.com: “Where in the Constitution does Congress get the authority for an individual health insurance mandate?”

Feinstein: “Well, I would assume it would be in the Commerce clause of the Constitution. That’s how Congress legislates all kinds of various programs.”

Sen. Kent Conrad (D.-N.D.) CNSNews.com: “Could you specifically say where in the Constitution does Congress get the authority to mandate that individuals get health insurance?”

Conrad: “No, but I’ll refer you to the legal counsel for the Senate and they’re the ones that lead there as the full legal basis for the individual mandate--and I assume it’s in the Commerce clause.”

Sen. Mary Landrieu (D.-La.) CNSNews.com: … What part of the Constitution do you think gives Congress the authority to mandate that individuals have to purchase health insurance?”

Landrieu: “Well, we’re very lucky as members of the Senate to have constitutional lawyers on our staff, so I’ll let them answer that.

Sen. Ben Nelson (D.-Neb.) CNSNews.com: “Specifically, where in the Constitution does Congress get its authority to mandate that individuals purchase health insurance?”

Nelson: “Well, you know, I don’t know that I’m a constitutional scholar. So, I, I’m not going to be able to answer that question.”

Sen. Richard Lugar (R.-Ind.) CNSNews.com: “Where does Congress find the authority to mandate that people buy health insurance?”

Sen. John McCain (R.-Ariz.) CNSNews.com: "Senator, on the health care issue, where in the Constitution does Congress get the authority to mandate that individuals get healthcare?"

McCain: "That is an excellent question, and I’m sure that if they pass health care legislation, I think there would be a challenge.”

We need to enact limited terms for senate and congress. We need to remove the pay for life retirement that the senate and congress voted for themselves. We would then have the assurance of no more career politicians whose only concern is their bank account. We need to limit big government and we can do it. Just think how many billion would be saved by stopping the pay for life retirement that is being paid out. No one in the public sector can work for just a few years and receive their salary for life nor should government.

Questions: Does the concept of "professionalism" exist in our Congress at all? Don't these guys swear an oath to uphold the Constitution when they take office? How can they do that if they don't even know what's in it? Doesn't seem like they're very interested in finding out, does it?

Careful that we do not waste political capital on jumping out of the frying pan into the fire. California is a cautionary tale about what happens when a legislature does just this. If a politician has no reason to care about re-election, then the politician will not care.

1 simple act would immediately reverse all that is Bad in Government,

Abolish The Federal Reserve Corporation and Go back to Constitutional Legal Tender. As long as They can borrow unlimited amounts of money from the Fed, who creates it out of thin air, this will continue til it collapses, which by the way is GUARANTEED and looks like it is coming soon.

NO STATE SHALL MAKE ANYTHING BUT, GOLD AND SILVER COIN, A TENDER IN PAYMENT OF DEBT.

The first State to stop recognizing Federal Reserve Credits will be on the forefront of restoring our REPUBLIC, Not DEMOCRACY.

Q. “Where in the Constitution does Congress get the authority for a health insurance mandate?”

A. Sanders: “Where in the Constitution? Probably the same place that comes Medicare and Medicaid and the CHIP Program and the Veterans Administration, and the health care programs that we’ve been doing for many, many decades.”

See? We the People have given them the authority by not rising up over the usurpation of their authority.

Give 'em an inch, they'll take a mile...
Give 'em a mile, they'll take your freedom.

And where is that, Sanders?

Feinstein: “Well, I would assume it would be in the Commerce clause of the Constitution. That’s how Congress legislates all kinds of various programs.”

Unfortunately so. But that doesn't mean it's Constitutional. It just means the Oligarchy is in cahoots with the usurpers.

THIRTEENTH FRAME:

Sen. Bernard Sanders (I.-Vt.) CNSNews.com: “Where in the Constitution does Congress get the authority for a health insurance mandate?”

Sanders: “Where in the Constitution? Probably the same place that comes Medicare and Medicaid and the CHIP Program and the Veterans Administration, and the health care programs that we’ve been doing for many, many decades.”

AAARRRRGGGHH! THAT'S A FREAKIN' TAX!! If they want to create a health care insurance tax, fine, then the voters decide on what to do about that, but they cannot just mandate purchase of a product/good/service, at the point of a gun, mind you, just because they want to!

I still say the question is being posed incorrectly, it shouldn't be where in the Constitution does Congress have the power to mandate purchase of a product, the question should be where does Congress have the authority to deny a citizen his liberty if he does not?

There is no place in the competition, in the Constitution, there is no place in the Constitution, there is no place in the Constitution, there is no place in the Constitution, there is no place in the Constitution...

The brilliant ruminations of Mark Warner, junior Senator from the Commonwealth of VA. Between he and Webb, that's quite a tag team we have up there. Please, fellow VA voters... let's do better next time.

United States vs Reynolds. Congress cannot coerce a citizen to enter into a contract which is what health insurance is merely for the fact that we live here. It violates the “wheel of servitude” prohibited by the 13th Amendment. SIC SEMPER TYRANNIS!

Wait til a marxist congress figures out that it can prevent the Supreme Court from having jurisdiction to determine whether the laws it passes are constitutional. Then all hell would break loose. People don't realize that the courts only decide the cases that Congress wants their help on--except for a few matters mentioned in the Constitution.

Actually, I was hoping the last GOP congress would exercise some of its power to withhold jurisdiction from some of these insane courts. If we get the congress back, we should consider revising the entire system, starting with the 9th Circuit.

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