Tuesday, October 27, 2009

America’s Affordable Health Choices Act of 2009 Unconstitutional?


Assuming we accept The Constitution of the United States of America as our governing document, Congress has no Constitutional authority to enact government run health care.

Here are the powers of Congress as set in Article 1 Section 8 of the Constitution:

“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and
Excises, to pay the Debts and provide for the common Defense and general
Welfare of the United States; but all Duties, Imposts and Excises shall be
uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and
with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject
of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the
Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin
of the United States;

To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securing for limited
Times to Authors and Inventors the exclusive Right to their respective Writings
and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and
Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning
Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be
for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union,
suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining the Militia, and for
governing such Part of them as may be employed in the Service of the United
States, reserving to the States respectively, the Appointment of the Officers,
and the Authority of training the Militia according to the discipline
prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District
(not exceeding ten Miles square) as may, by Cession of particular States, and
the acceptance of Congress, become the Seat of the Government of the United
States, and to exercise like Authority over all Places purchased by the Consent
of the Legislature of the State in which the Same shall be, for the Erection of
Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

To make all Laws which shall be necessary and proper for carrying into
Execution the foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in any Department or
Officer thereof.”

Furthermore Amendment 10 of the Constitution states this:

The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to
the people.

It seems clear to me there is no provision whatsoever in our Constitution for government run health care.  If this “power (is) not delegated to the United States by the Constitution” then it belongs to the States or the People. 

Whether you agree with the proposed Health Care plan or not how is it possible that they have the power to make such a change.  Congress has enumerated new powers to themselves not given to them by our founding document. If you support this or have a counter argument as to where it gives them this power please post your explanation.


Burkulater said...

Well aint that somethin'.

Too many people have lost sight of the place of Government according to the Constitution. Apparently, "Change we can all believe in," is much more necessary. Congress has some work to do if they want me to believe in this.

MechaBriZilla said...

"To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;"

The power to create Government health care comes from the above, small but powerfull clause.

I am against Government health care, especially any version that would provide money that would go to people who provide abortions or would take this country further into debt.

However, this Clause is also how they ended segregation. By saying that segregation inhibited interstate comerce, by making it difficult for black people to travel. Personally I wish they had used a constitutional ammendment to make that change, but Republicans in Congress didn't have the power to do that.

I'm not saying I agree with this usage of the clause, but it's where the logic, no matter how twisted, comes from. It's how they do most of the things they do that affect our lives in one way or another. But I suppose it's best to know our enemies.

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Ashley Erinn said...

Honestly.. as a canadian I beleve that everyone deserves the right to health care, no matter what their financial status is.

In canada, our issue right now is that, because the doctors are paid by the government, they dont get paid as much as they would in america, which is why they are all leaving. And then of course, e are left with the doctors that didnt get good enough grades to go to america.

But really, if everything is privatized, and everyone is out to help them selves, arent the common folk the ones to be left behind?

Think about that before voting against anything government regulated. If the rich end up unfettered, what will become of our middle class??

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