The Constitutional Abuse
Oct 25, 2009 Political
Well, I have looked very carefully at Article one, Section eight, better known as the Interstate Commerce clause, although the enumerated powers delineated therein are more extensive, and specific than the simplistic “title” might suggest. Indeed, there’s quite a bit there, installing and regulating post offices, militias, establishing a uniform set of regulations between states (where this article derives its name) so that states are competitive with one another- a lot in a little space in our Constitution.
But Nancy Pelosi can’t answer a simple question from a reporter on the Constitutionality of Healthcare, specifically the mandate to buy it.
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.
directorblue.blogspot.com
Uh, yeah- the liberal’s bolthole when it comes to legislation they want to shove down our throats- to be fair, both parties have used this when it suited them, but to be fair, there’s not much difference these days between the parties themselves- witness Lindsey Graham or John McCain- neither one truly represents more than the squishy middle, where ideals are watered down to virtually nothing, and the status quo is protected, meaning their jobs.
But back to the clueless Pelosi- I have long held that the botox needle went too deep on her, and hit the brainstem, because she couldn’t even begin to enunciate the reasoning behind the mandate. It was up to the aide to try and explain just how the mandate could even be legal. As usual in politics, he was, and is wrong- but at least he tried.
Nan just had the deer in the headlights look- in other words, looked as she normally appears.
Pelosi avoided answering the question, probably because she doesn’t have an answer. Her spokesman said that it was “not a serious question,” but if so, one would presume that Pelosi or her office could provide an easily-corroborated answer. After all, the Constitution is where Congress derives all of its authority. It’s not exactly a lengthy document. How difficult is it to cite the clause that enables Congress to impose a mandate on its citizens to spend money on anything but a tax?
Well, as it turns out, pretty darned difficult. The interstate commerce clause doesn’t apply because Congress doesn’t allow for interstate commerce in health insurance. The “general welfare” clause has never applied to individual mandates, which is why neither Leahy or Pelosi will invoke it publicly. If they trot that out in front of the Supreme Court, they’ll essentially be arguing that the federal government has the authority to impose any kind of mandates at any time on anyone in the country, which makes the limitations of power in the Constitution meaningless — and by extension, makes the Supreme Court meaningless as well.
themoderatevoice.com
Yes indeed- there is not, nor can there be, a mandate that legally compels me to buy insurance- by their argument, they could compel me , or anyone else, to do pretty much whatever the government chooses for you or me to do, and that is a dictatorship, plain and simple.
If I do not buy insurance, I am not breaking the “Interstate Commerce” clause, because I am not engaging in commerce, interstate or otherwise. If I self pay my doctor, I am not falling afoul of the clause either- both the doctor and I are in the same state. My purchase or not of insurance doesn’t “promote the general welfare” of anyone- period.
Much of the reasoning that is centered around this healthscare bill is torturous, convoluted and wrong. The politicians who want this bill to pass are destroying the Constitution.
Obama had it right in one respect when he said in a speech, that the Constitution is indeed a “negative” document, in that it tells you what you cannot do with respect to the states, and what the states cannot do with respect to the people.
The Constitution is a “People’s” document, one that was drafted to protect the people, not the politicians.
Perhaps Nan the flounder face should read the Constitution.
At least try, Nan.
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Tags: botox of the brain, constitution, nancy pelosi, stupidity