Posted on 12/01/2009 11:56:53 AM PST by BuckeyeTexan
From Nancy Pelosi's website:
MYTH:"Health insurance reform could be unconstitutional…or violate the 10th amendment."
FACT: As with Medicare and Medicaid, the federal government has the Constitutional power to reform our health care system.
The 10th amendment to the U.S. Constitution states that the powers not delegated to the federal government by the Constitution, nor prohibited by it to the states, are reserved to the states … or to the people. But the Constitution gives Congress 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. Since virtually every aspect of the heath care system has an effect on interstate commerce, the power of Congress to regulate health care is essentially unlimited. [Bolding and italics are JG's]
Richard Adams asks "Do we have a Constitution?"
It would be quite a sight to see the SC rule it unconstitutional. I can’t see it happening.
..the power of Congress to regulate health care is essentially unlimited””
I find that statement troublesome and eerie.
I call BS on Pelosi and others who tout that their version of healthcare is constitutional. This argument is far from settled.
Get lost asshat!
This has been the reasoning behind virtually every one of the laws and regulations that have been imposed since the mid-30’s. Unfortunately, the Supreme Court allowed it to be done. It was wrong then and it is wrong now.
These people need to be removed from office. They have no understanding or respect to the Constitution.
In other words, Nancy believes that the federal government has practically unlimited power. Somehow that doesn’t jive with what the people who wrote it and ratified it said.
So you ease the tension of people correctly stating that this is unconstitutional by pointing out other unconstitutional programs.
Oh, I get it. I’m sure that makes sense to San Fran Nan.
A reasonable judge would rule that 90% of what Congress as done for the past 70 years is unconstitutional, but they are afraid to do it for fear of upsetting the Titanic.
I hope somewhere there is a state insurance commissioner who is already writing the court challenge. If not, that has to be our primary goal. To get a conservative into that office.
If this is true then why did our founding fathers specifically list powers granted to Congress in Article 1 Section 8 if the Insterstate Commerce clause by itself grants unlimited powers? Why didn't they write in only the Interstate Commerce clause and omit specific powers?
If the Interstate Commerce clause grants unlimited powers then why did our founding fathers bother to write the Tenth Amendment? Why start the 10th Amendment with the phrase "The powers not delegated to the United States by the Constitution" if all powers are delegated to Congress?
If the intent of the Constitution is to grant Congress unlimited powers then why did James Madison delineate between federal and state powers with the following statement in Federalist paper #45?
"The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."
Well said! And calls for being repeated ad nauseoum until the left starts to get it, or gets sick enough of hearing it that they leave.
If this is true, when do the gulags start opening? It used to be a far fetched idea. I am not so sure anymore.
What a joke. The commerce clause does not allow unlimited power. This even goes beyond the overreaching 1942 Wickard v. Filburn decision in which a chicken farmer was prohibited from growing feed for his chickens more than allowed by the AAA (Agriculture Adjustment Act). This ruling overturned 150 years of precedent.
The health care mandates for the employer and individual would be an even greater stretch. You really have to be twisted to consider not buying insurance as commercial activity. Furthermore, the feds have not been able to overturn the Oregon state euthanasia law in a recent decision. It seems that euthanasia would have a greater likelihood of being considered as commercial activity.
Pelosi thinks that the people are so dumb not to know that Medicare and Medicare are taxes and thus allowed under the 16th amendment.
If this garbage passes, States will seek relief and pass various pieces of legislation to oppose unfettered federal power. Arizona also has made an effort in this direction. Look at states such as Texas and Florida. Some of these states will be on the hook for hundreds of millions in Medicaid contributions if the congress passes Obamacare.
It appears that she believes her power to be unlimited and the people have little power if any at all.
Sure. Healthcare is important to general welfare of individuals.
So if food, shelter, education, heat, electricity, water supply, air. So I guess the Constitution should also give the Federal Government the power to control all aspects of these and supply us with what we need, right?
Now, who amongst us thinks this is what the founding fathers had in mind?
If healthcare is covered by the constitution so is all the other stuff. If all the other stuff isn’t covered, then neither is healthcare.
Exactly. When Nazi Pelosi says “congress” she means “me, myself, and I.”
The damnable overreach by the Feds in so many elements of life over the past 200 years or so has well set the stage for this abomination. The commerce clause has been a contributing tool in most of the anti-Constitutional pogroms to come out of Washington.
It is appalling to most Americans that the straightforward language of the Constitution has been so savagely usurped. And, it looks like things may be coming to a head.
It’s time to take back the country. It is past time to push the Federal leviathan back within the confines of the Constitution.
Looks a lot like a “long chain of abuses” to me.
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