Mandating Health Care to Citizens is Unconstitutional

The Truth is that Congress is NOT authorized to pass laws just because a majority in Congress say the laws promote the general welfare! As shown below, James Madison, Father of The Constitution, and Alexander Hamilton, author of most of The Federalist Papers, expressly said The Constitution does not give a general grant of legislative authority to Congress! Rather, ours is a Constitution of enumerated powers only. If a power isnt specifically granted to Congress in The Constitution, Congress doesnt have the power. It really is that easy and our beloved Madison and Hamilton prove it.

1. Let us look at the so-called general welfare clause: Article I, Sec.8, clause 1, U.S. Constitution, says:

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

Immediately thereafter, follows an enumeration of some 15 specific powers which are delegated to Congress. If you will spend 20 minutes carefully reading through the entire Constitution and highlighting the powers delegated to Congress, you will find (depending upon how you count) that only some 21 specific powers were delegated to Congress. This is what is meant when it is said that ours is a Constitution of enumerated powers!

Let us analyze this. Since words change meaning throughout time [200 years ago, nice meant precise], we must learn what the word, welfare, meant when the Constitution was ratified. Welfare, as used in Art. 1, Sec. 8, clause 1, meant:

Exemption from any unusual evil or calamity; the enjoyment of peace and prosperity, or the ordinary blessings of society and civil govern-ment (Websters American Dictionary of the English Language, 1828).

http://constitutionallyspeaking.wordpress.com/2009/10/26/the-u-s-constitution...

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• health care
• Obamacare
• constitution
• andrew
• general
• welfare
• commerce.Napolitano
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• Sekulow

[nafaidni]

"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..."

So yeah, you're WRONG. The same way Congress can force you to buy car insurance if you have a car, Congress can marginally increase taxes if you refuse to buy health insurance.

And if you can't afford it (this isn't even true for car insurance), they will pay over 90% of its costs through giving you tax cuts.

[countryboy1949]

@nafaidni Congress can't force me to buy car Insurance, each individual State does that if they desire to, not Congress. That is a completely different matter. The Constitution doesn' t give the Federal government the authority. The portion of the Constitution you quote doesn't validate your point. The federal government only has 21 "enumerated powers" in the Constitution and forcing citizens to buy a product isn't one of them.

[nafaidni]

Er, no. Firstly, having health insurance DOES promote the general welfare.

Secondly, this is simply a 2.5% tax increase (or $695 increase, depending on which is greater) to pay for the Debts of the United States for all citizens. To promote the general Welfare of the United States, anyone who purchases health insurance will be given a 2.5% tax credit (or $695 tax credit, depending on which is greater) so that they can afford it better.

So no, Fox News, we're sorry, you're still a joke.

[countryboy1949]

@nafaidni The first income tax was simply only 1%, now look what it is. The same thing would happen with Obamacare if it wasn't declared unconstitutional, which it is.

[timtim885]

@nafaidni

"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

'Nuff said.

[lITheEmissarylI]

you all misunderstand.... the use of 'promote the general welfare' is not in the constitution as part of the enumerated federal powers, but it is part of the preamble that explains to the reader the reason why the constitution is required. The only powers given to the feds are those enumerated in article 1 section 8.

[nafaidni]

Hmm, yes, well back then, people would be considered today "Dirt poor".

Taxes are relatively low compared to the Bush and Reagan eras, today. Hope you knew that.

Either way, good job reasserting (baselessly) that removing pre existing conditions, giving tax cuts, extending Medicare eligibility, extending Medicare coverage, and removing rescission is unconstitutional.