Democrats Failure To Understand The Constitution When It Comes To Health Care

By Douglas V. Gibbs

Mandating Americans to purchase health care insurance (in fact, all of the health care legislation falls under this) is unconstitutional. Reading Article I, Section 8 of the Constitution reveals that the Congress has no authority to push government intrusion into the health insurance industry. Some may falsely argue that the General Welfare Clause gives authority, but that clause is in specific regards to the general welfare of the republic. If it meant what the leftists say it means, it would have said "the individual welfare."

Nonetheless, Democrats wish to do whatever they can, when faced with the Constitutional question, to try to convince you that their socialist health care agenda is Constitutional. In fact, listening to their responses when faced with the question, if it wasn't so serious, is quite comical.

House Speaker Nancy Pelosi (D - California): Are you serious? Are you serious?

Patrick Leahy (D.-Vt.): "We have plenty of authority. Are you saying there is no authority? Why would you say there is no authority? I mean, there’s no question there’s authority. Nobody questions that."

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. 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."

Note: driver's licenses are issued by the states, which is a state issue, and the U.S. Constitution does not come into play on that. As for Medicare and Medicaid, just because they are in place, it does not make them constitutional.

Sen. Bob Casey (D.-Pa.): "Well, I don’t know if there’s a specific constitutional provision."

Sen. Daniel Akaka (D.-Hawaii): "I’m not aware of that--let me put it that way. Not in particular with health insurance. It’s not covered in that respect."

Sen. Roland Burris (D.-Ill.): "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."

Note: Welfare Clause is about the welfare of the republic, and forcing people into health care programs is not consistent with that.

Sen. Jack Reed (D.-R.I.): "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."

Note: Draft is unconstitutional too.

Sen. Bernard Sanders (I.-Vt.): "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."

Note: Veterans Administration is a military associated agency and is not the same as the entitlement programs. Our veterans paid for that care with their blood.

Sen. Sherrod Brown (D.-Ohio): "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."

Note: That is the thing about entitlement programs like Medicare. Once they are in place and the citizenry becomes dependent upon them, to repeal such a program becomes difficult. The leftists depend on this. However, through reforms, the programs can be reduced, and can be eventually eliminated. Nonetheless, the inability to repeal such programs because of the societal dependency upon such programs, it does not make such programs any less unconstitutional, and it is dangerous to create more unconstitutional programs, especially when the existing ones, like Medicare, have proven to be failures, and have become bankrupt programs.

Sen. Claire McCaskill (D.-Mo.): "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."

Note: The car insurance is a bad example because first of all, the states are making those requirements, not the federal government, and it is well within the state's authority to do such a thing. Also, the states are not mandating that all people own car insurance. People who do not own cars are not required.

Sen. Jeff Merkley (D.-Ore.): "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."

Note: Once again, the General Welfare Clause does not apply.

Sen. Dianne Feinstein (D.-Calif.): "Well, I would assume it would be in the Commerce clause of the Constitution. That’s how Congress legislates all kinds of various programs."

Note: Commerce Clause does not apply, and is a misused clause often. Also, I find it fascinating that Feinstein used the word "assume." If she took the oath to defend the Constitution, shouldn't she know what it says, rather than rely on assumption?

Sen. Kent Conrad (D.-N.D.): "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.): "Well, we’re very lucky as members of the Senate to
have constitutional lawyers on our staff, so I’ll let them answer that."

Note: The first words of the U.S. Constitution is "We the People." It was not written for the lawyers, it was written for the people, and in such a way that it is easy to understand if you read it. Any questions can be answered by the writings of those that were a part of writing the Constitution, such as "Madison's Notes." In other words, the Constitution belongs to you.

Sen. Ben Nelson (D.-Neb.): "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.): "I don’t have any idea."

Now let's read some common sense regarding the Constitution on this issue:

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.”

“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

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

-- Political Pistachio Conservative News and Commentary

A Message from Congress: No One Questions Our Authority - CNS News