Tuesday, November 3, 2009

American Thinker: No Health Care in the Constitution

American Thinker: No Health Care in the Constitution: "Nancy Pelosi was recently asked by a reporter, ''Madam Speaker, where specifically does the Constitution grant Congress the authority to enact an individual health insurance mandate?'

She replied, 'Are you serious? Are you serious?'

Yes Madam Speaker, we are serious. At least, I am. In my opinion, our Constitution is the most profound political document ever written. Many Americans besides me would really like a 'serious' answer to that reporter's question.

Democrat House Majority Leader Steny Hoyer at least made an attempt at an answer. He was also asked where in the Constitution was Congress granted the power to mandate that a person must buy a health insurance policy.

Hoyer's answer:

Well, in promoting the general welfare the Constitution obviously gives broad authority to Congress to effect that end. The end that we're trying to effect is to make health care affordable, so I think clearly this is within our constitutional responsibility.


News flash for Congressman Hoyer: 'general welfare' is mentioned only twice in the Constitution. The phrase appears once in the Preamble, but the Preamble gives the legislative branch no authority whatsoever.

'General welfare' is also mentioned once in Article I, Section 8. Here is what it actually means in that section.

The powers of the legislative branch are stated in the Constitution. The powers specifically granted to the Congress are spelled out in Article I, Section 8. Since it isn't that long of a section -- and there aren't that many powers -- I will reproduce the entire enumerated powers of the Congress in the first endnote below[i].

The words 'general Welfare' show up in the first line of Article I, Section 8:

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 ... [Emphasis added.]"

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