Constitution Does Not Empower the Congress to Regulate Health Care
Not only is the current health care reform costly and an expanse of the size of government, it is also unconstitutional. Interesting thing about our Congress and president. They are sworn to protect and uphold the Constitution of the United States. I realize that Republicans and Democrats alike have used and abused the Constitution to advance their political agendas and powers, which is pathetic.
Think about it. The only reason we should be electing these asshats to Congress is to protect and uphold our Constitution. The Constitution should be adhered to completely. No end arounds. No backdoor deals. The legislation is either constitutional or it’s not. Clearly we have voted in people that see it as a nuisance, which is exactly what our Founders created it for. It is to protect the people form government out of control. Well unfortunately we aren’t holding our representatives accountable to adhere to the principle of the Constitution. I hope that changes in 2010/12.
Anyway, Judge Andrew Napolitano makes the case that health care delivery by the government is unconstitutional.
Applying these principles to President Barack Obama’s health-care proposal, it’s clear that his plan is unconstitutional at its core. The practice of medicine consists of the delivery of intimate services to the human body. In almost all instances, the delivery of medical services occurs in one place and does not move across interstate lines. One goes to a physician not to engage in commercial activity, as the Framers of the Constitution understood, but to improve one’s health. And the practice of medicine, much like public school safety, has been regulated by states for the past century.
The same Congress that wants to tell family farmers what to grow in their backyards has declined “to keep regular” the commercial sale of insurance policies. It has permitted all 50 states to erect the type of barriers that the Commerce Clause was written precisely to tear down. Insurers are barred from selling policies to people in another state.
That’s right: Congress refuses to keep commerce regular when the commercial activity is the sale of insurance, but claims it can regulate the removal of a person’s appendix because that constitutes interstate commerce.
What we have here is raw abuse of power by the federal government for political purposes. The president and his colleagues want to reward their supporters with “free” health care that the rest of us will end up paying for. Their only restraint on their exercise of Commerce Clause power is whatever they can get away with. They aren’t upholding the Constitution—they are evading it.
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