Cardin Townhall Question Joshua Lyons 081209

My full comment/question text...
As a citizen of the United States and a Marylander, I order you to cease and desist under the 9th and 10th Amendment and Article 1 Section 8 of the United States Constitution to addressing the Healthcare legislation.

If you do not stop, I charge you Sen. Cardin with usurping authority not granted to you as a United States Senator.

What is the enumerated power in Article 1 Section 8 that youre acting under to give you the authority? I dont want hear General Welfare, Commerce, or Necessary and Proper.

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• Article 1 Section 8
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[ReginaldL]

That was a great question, Joshua! Thanks for asking it for us all. Cardin's answer basically was Congress can do anything it wants regardless of the enumerated powers.

[Joshua222md]

Thank you. I knew how he would answer, but the question needs to be asked in a public forum to all of our representatives. I'm scheduled to be on FOX & Friends tomorrow morning (8/16/09) during the early part of the 8am hour. Hopefully, I'll have the opportunity to keep the enumerated powers in the conversation.

[cbreitel]

I love how you asked him a question by demanding he provide you an answer that doesn't contain the actual correct answer.

The irony is that if a health care reform bill doesn't qualify as providing for the "general welfare" of the nation, nothing does.

[Joshua222md]

You should love it more that he wasn't prepared to answer...and that he invoked the Articles of Confederation. Here's a good commentary of my position on the GW clause:

Do a google search for congress-a-wealth-eating-virus (by 10th Amendment Center)

I also believe that one cannot simply look at each piece of the Constitution independent from the entire purpose of its crafting. When interpreting, one must reflect on founders vision on Self-evident truths, Unalienable rights, & Natural Law.

[Article1Section8]

Wow, this is powerful and gutsy. Would that more people had the courage to say what you did. You've properly identified the problem with our politicians ignoring Article 1, Section 8 of the US Constitution.

[lbxx00]

No one party is to blame for this mess. The Constitution has been sh*t on equally by Democrats and Republicans. The men and women on the hill are no longer there to serves us, we, the people. They are there to line their pockets and make their "pals" wealthy by using our tax dollars.

[macdogq]

Constitution did never say to purchase products or sevice forceibly that public do not need. Liberals love to twist words of constitution.

Argument against the leftists is pointless.

Leftists are self seving, and put selfishness before the good of this country.

[Joshua222md]

@nelsonknows - Exactly!

[alleygata]

I heard Joshua speak at a Tea Party. This guy is powerful, full of conviction and has DONE HIS HOMEWORK!!

[cbreitel]

Actually, considering that there is no real constitutional issue here that he would have studied beforehand, he was surprisingly WELL prepared to answer your question.

Your view on how a clause should be interpreted sometimes comes into play, but only when there is an ambiguity at issue. There isn't one here. The federal government isn't proposing interference into any issues of state law.

[sumkindazombie]

You asked me to re-read it, I did. I was quoting the preamble first, but the Constitution itself does not and would not contradict the preamble. United States does mean the country "We the people of the United States" means the people. I am certain they wrote what they meant. An interstate road would be an example of Congress' power to provide for the general welfare of the Country by improving interstate commerce, whereas legislating health care provides for specific welfare of individuals.

[ReginaldL]

You original quoted "promote" not "provide". Now you are saying the difference is United States means country not people. I'm not sure that is a strong argument against Congress' tax and spend powers. I'm open to persuasion.

However, I do think that United States v Butler casting the clause 1 provide.. general Welfare as an enumerated power is the true source of a lot of this country's woes and that it hasn't been interpreted that way for a very long time.

[sumkindazombie]

"provide for the common Defence and general

Welfare of the United States" not the people, the country.

[sumkindazombie]

US Constitution Article 1 Section 8 Clause 1

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and

Excises, to pay the Debts and provide for the common Defence and general

Welfare of the United States; but all Duties, Imposts and Excises shall be

uniform throughout the United States;