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Is it Constitutional?

October 29, 2009

Last Thursday, Oct 22nd, CNS News asked Senate Judiciary Chairman Patrick Leahy (D-Vt.) what part of the Constitution grants Congress the power to force every American to buy health insurance – as all of the health care overhaul bills currently do. “Why would you say there is no authority? I mean, there’s no question there’s authority, nobody questions that,” Leahy told  But he could provide no specific answer.  Perhaps because there isn’t one.

He did say that he thought the authority might be like “highways.”  That’s a state responsibility, though.  The discussion in the original article (referenced above) is interesting.

That same  day, CNS News asked House Speaker Nancy Pelosi the same question.  Pelosi dismissed the question by saying: “Are you serious? Are you serious?” and moving on to another question.

Later, her press secretary responded to written follow-up questions from CNSNews by emailing 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.

That’s been a common tactic in Congress since the end of World War II when the Supreme Court ruled that a farmer in Montana growing wheat on his own land and consuming it himself had to abide by federal crop growing restrictions because he was–incredibly–engaging in interstate commerce.

How someone not buying health insurance is engaging in any “activity” is a mystery to me.  It might be a great test case to throw out the bill as unconstitutional should it eventually be forced on us.  (The most likely outcome, though, would be to throw out only that clause of the bill–but we can always Hope.)

The bottom line is clear: the Democrat Congress is going to continue to press full speed ahead on their agenda regardless of what the Constitution says or what the people want.

The only question remaining is: what are We the People prepared to do about it?


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