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 Speaker’s 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 Speaker’s 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 Americans—but 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 don’t need no stinkin Cosntitution. We’ll 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?’
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