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The Un-Constitutionality of Health Care ‘Reform’

The Un-Constitutionality of Health Care ‘Reform’ was detailed September 29, 1993 in the Wall Street Journal, page A19. One of the few locations of the article on-line is here. Some selected quotations:

If the legality of a health-care package featuring federally mandated universal participation is litigated (and we can bet it will be), and the system is upheld, it will mark the final extension of this originally modest grant of federal authority. Thereafter, Congress will be able to regulate you not because of who you are, what you do for a living, or whether you use the interstate highways, but merely because you exist. …

One of the fundamental tenets underlying the Constitution of 1787 was that the federal government was a government of limited powers. Unlike the states, which had more general authority to regulate their citizens, the federal government was to be limited to those powers found within the four corners of the Constitution. In particular, Congress could exercise only that authority specifically granted to it by the people and the states.

There was a list — and not a very long list. One of the powers enumerated on it was the “Power . . . To regulate Commerce with foreign Nations and among the several States.”

If the courts uphold Congress’s authority to impose this system, they must once and for all draw the curtain on the Constitution of 1787 and admit that there isnothing that Congress cannot do under the Commerce Clause. The polite fiction that we live under a government of limited powers must be discarded — Leviathan must be embraced.

The implications of this final extension of the commerce power are frightening. If Congress can regulate you because you are , then it can do anything to you not forbidden by the handful of restraints contained in the Bill of Rights. For example, if Congress thinks Americans are too fat — many are — and this somehow will affect interstate commerce — who’s to say it doesn’t? — can it not decree that Americans shall lose weight? Indeed, under the new system, any activity that might increase the costs of health care might be regulatable.

Once Congress’s power is extended to every individual not because of his activities, but because he is, limits on its power will depend upon the fortitude and creativity of the courts. No American, whatever his policy views on health-care reform, should rejoice at the disappearance of the last fragments of the principle that the federal government is one of limited powers. It is indeed ironic, and sad, that as the rest of the world is discovering the virtues of limiting their governments, the U.S. seems hellbent on unleashing its own.

Have you no shame? Have you no decency?

Yesterday, the man who calls the Holocaust a lie, spoke from this podium. To those who refused to come and to those who left in protest, I commend you. You stood up for moral clarity and you brought honor to your countries. But to those who gave this Holocaust denier a hearing, I say on behalf of my people, the Jewish people, and decent people everywhere — have you no shame? Have you no decency?

What a disgrace.  What a mockery of the charter of the United Nations.   Now perhaps, some of you think that this man and his odious regime, perhaps they threaten only the Jews.  Well if you think that you are wrong, dead wrong.

Benjamin Netanyahu, September 24, 2009

General Welfare clause of the Constitution

James Madison, the man who wrote the Constitution, would disagree that the “General Welfare” clause means that the government’s job is to take care of us:

I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on the objects of benevolence, the money of their constituents. —  James Madison

With respect to the two words ‘general welfare,’ I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.” –James Madison

If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions. It is to be remarked that the phrase out of which this doctrine is elaborated is copied from the old Articles of Confederation, where it was always understood as nothing more than a general caption to the specified powers.” James Madison, letter to Edmund Pendleton, January 21, 1792


“The lessons of history … show conclusively that continued dependence upon relief induces a spiritual and moral disintegration fundamentally destructive to the national fiber. To dole out relief in this way is to administer a narcotic, a subtle destroyer of the human spirit.”

“The lessons of history … show conclusively that continued dependence upon relief induces a spiritual and moral disintegration fundamentally destructive to the national fiber. To dole out relief in this way is to administer a narcotic, a subtle destroyer of the human spirit.”

On Depression-era welfare from Franklin Roosevelt’s 1935 State of the Union Address.