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EDITORIAL: 'Are you serious?'

The Constitution and health care

When a reporter for CNSNews.com last Thursday asked House Speaker Nancy Pelosi, D-Calif., where the Constitution delegates Congress the specific power to order Americans to buy health insurance -- a mandate included in both the House and Senate versions of Obamacare -- Ms. Pelosi responded: "Are you serious? Are you serious?"

"Yes, yes I am," the reporter for CNSNews.com replied.


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  • Ms. Pelosi shook her head and took a question from another reporter, never giving an answer. Her spokesman, Nadeam Elshami, then advised CNSNews.com that asking the speaker of the House where the Constitution authorized Congress to mandate that individual Americans buy health insurance was not a "serious question."

    "You can put this on the record," said Mr. Elshami. "That is not a serious question. That is not a serious question."

    Other members of Congress seemed even more confused by the inquiry.

    "Well, that's under certainly the laws of the -- protect the health, welfare of the country," said Sen. Roland Burris, Barack Obama's appointed replacement to the U.S. Senate, in answer to the same question. "That's under the Constitution. We're not even dealing with any constitutionality here. ... What does the Constitution say? To provide for the health, welfare and the defense of the country." In fact, the word "health" appears nowhere in the Constitution.

    In the 1925 case Linder v. United States, Dr. Charles Linder had been convicted of prescribing morphine and cocaine to addicts, which the federal government held was not a legitimate medical practice. Dr. Linder appealed, and the Supreme Court unanimously overturned his conviction, holding the federal government had no such power to regulate the practice of medicine.

    The Linder case is often described as having been partially overruled or superseded. But the Constitution has never been amended to authorize such federal regulation. In fact, the rationale of the Linder case was used to stop the Department of Justice from interfering with Oregon's assisted suicide law in the 2006 case Gonzales v. Oregon.

    The question is inescapable: Even if we assume these delegates arrive in Washington in a state of honesty and grace, only to be corrupted later, why is it that -- required on their very first day to swear a solemn oath to "protect and defend the Constitution" -- not one of them has ever said, "Well, hold on, there. No, I don't think I will agree to let my powers be bound by some 200-year-old scribbling, designed to limit our powers. The only thing I'm here to 'protect and defend' is the power of Congress to do anything we damn well please"?

    Instead, presumably, Ms. Pelosi and her staff -- and senators such as Mr. Burris -- plan to deal with any ruling by the U.S. Supreme Court, rebuking Congress for trying for the first time in history to require every American adult to buy some good or service against their will -- with a disbelieving glare and six words:

    "Are you serious? Are you serious?"

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    Lorianne wrote on November 14, 2009 05:45 PM: We are in serious, serious trouble.


    tucanofulano wrote on November 14, 2009 05:08 PM: The only legal status for illegal aliens is incarcerated criminal enemy of the USA. Amnesty is surrender to the enemy. Hey the abortion amendment will be deleted - it is a 'Red Herring", a distraction, a tricky sleight of hand, a piece of theatre to curtain off the rest of the PP's objectives, which include subverting the Constitution and imprisoning Americans standing up for the Constitution. The 10 new taxes in the PP (Pelosi Plan) will impact the low income earners far more than the high income earners. The PP forbids Photo I.D. verification of applicants, practically erases the borders of the USA, has zero protections for American taxpayers against fraud perpetrated by non-citizens, opens up the so-called exchanges to illegal aliens, impacts all welfare budgets by eliminating the 5 year period insisted upon by the Clinton administration, and frankly is un-Constitutional. When Pelosi was asked by CNN where in the Constitution was there provision for such measures in her PP plan Pelosi sneered saying "are you serious" and ducked away. She apparently feels that whatever (Lola) Pelosi wants Pelosi gets, and don't bother her about the foundations of the USA as she obviously doesn't take them to heart despite her public oaths to preserve and protect the Constitution and the USA against all enemies foreign and domestic. She is a domestic enemy of the USA and of all Americans.


    Scott wrote on November 13, 2009 08:10 AM: Hey, John F:

    Article one, section eight states:

    "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..."

    It also says Congress can collect Taxes, but yet we had to pass the 16th Amendment to authorize Income Tax collection.

    Only a simpleton would use this sentence to allow Congress to force citizens to purchase insurance.

    How does forcing a citizen to purchase insurance provide for the GENERAL welfare?


    Green Dragon Regular wrote on November 12, 2009 12:10 PM: @li'l "p" and anit ken-

    As I recall, the dems wholeheartedly got behind the Patriot Act and all of the ridiculous Homeland Security and TSA apparatus. The loudest critics of all of those measures were on the right.

    "Dubya"'s ratings were in the tank because the right disagreed with his fiscal irresponsibility and his apparent incompetence. Doesn't seem much has changed since he left office. So far...


    Anthony Wright wrote on November 11, 2009 08:21 PM: Liberty is a self responsibility to carry out. About a hundred years ago it was decided that people are too stupid to govern them selves. The first attempt at health care was started. By none other than a progressive republican, Teddy Roosevelt. It did not get far. People had more respect for others back then but that soon faded with Wilson as president. This President gave us a central bank and a great depression.

    We now have Obama and his ilk in the capitol saying we must buy health insurance, what if next they decide we need to eat carrots, or buy beer, or what ever else these knuckle heads can come up with. HOw about heroin!!!!!

    The General welfare clause was never intended to be used to make slaves out of us to a product, or to a government.

    Any who tout that the constitution gives them that power is just off loading a truck load of manure and thinks they are educated and they are merely sophist.


    Allen wrote on November 11, 2009 07:58 PM: patrick,

    See Lewrockwell.com, for any of the last 9 years.

    Argument over.


    patrick wrote on November 11, 2009 07:05 PM: Couple of quick points:

    I asked a simple question which was based on a comment that someone made here about the rabid right shouting loudest at the minion of the devil formerly in the White House's efforts to take apart our Constitution.

    This is what I got in response



    [Deafening Silence]



    Which is precisely what I suggested earlier about the Germans who now claim that they were not Nazis all the while standing silent while the Nazis did exactly what those same people wanted them to do.


    mo schmo wrote on November 11, 2009 06:49 PM: Okay, 'entitled', you're so smart about other people's politics, you tell me-

    I think the feds should stay out of healthcare, They screw up enough things already.

    I think the healthcare industry should stop acting like a bunch of Wall Street honchos and concentrate on selling their services to everyone that needs them at prices that don't bankrupt the whole economy.

    Nobody's taxes should go up to pay for it and Illegals should get squat.

    Am I conservative because I want the government out? Or socialist because I want business to behave responsibly?

    Maybe I want both sides to rise to the occasion. Maybe I don't believe either sides's bull.

    That's the middle of the road, bub.


    George wrote on November 11, 2009 06:28 PM: Must pay for health insurance? Must pay income tax? Where does it say that in the constitution. This is communism yada yada yada.It is my right to be a "freeloader" and a gun tote'n one at that. At least the gun part.


    Nice Attempt at distraction, Cow-patrick wrote on November 11, 2009 04:45 PM: A couple of quick points though. 1 Bush isn't President anymore. 2 Did you notice his approval ratings? Do you think that you on the freak left were the only ones who were responsible for those ratings? 3. Has Obama repealed the Patriot Act and executive orders that he campaigned against or has he kept them in place with mild tweaks because they gave him 'flexibility', as his spokesworms said?
    4. What one person did or didn't do does not negate the Constitutional responsibility of another. There is no Constitutional authority for the light-weight to take over health care.Don't try your liberal tactics of distraction.Put down the pipe and try to focus focus, Cow-patrick.


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