Why are we debating the content of the health care bill - We should be discussing this... - Forum

We the people did not convey powers to the federal government to regulate health care. Last time I read Article I Section 8 -- not a peep about health care. Shouldn't we be asking our congressmen and Senators to please explicitly state where the Congress was granted powers by the people to enact legislation related to health care? Don't hold your breath ... it doesn't exist... They will of course use the "general welfare" clause arguement. Which of course is pure folly... but to subvert the Constitution and usurp power you need to only convince 5 people in black robes that you know the framers wanted the federal government to be all powerful; even though the framers had just finished a War of Independence a few years earlier against an all powerful, tyrannical British government. Only makes sense that the Framers would create their own government and grant it broad, unlimited general powers over commerce, the general welfare, etc. to do whatever they want... What a crock of you know what. This is all because of 5 people in black robes not enforcing the Constitution strictly and in accordance with the Framers intent. Time to take back our country.

Dave, all legislation considered by Congress is a constitutional question. In fact, that's the first question they need to ask themselves... Is this a power granted to Congress by the people. If yes, then proceed with writing a bill, if no... then the discussion stops. If the democrats usurp power, what's to stop the republicans from doing so... where does it end. The purpose of the Constitution is to protect our freedom and liberty. The framers and founding fathers fiercely distrusted government. They purposely limited the powers granted to it by the people. They wanted most powers to be with the state or the people (see 10th amendment). To do so, they created a republic. In a republican form of government the law is above everything. The framers carefully crafted our government to have checks and balances amongst the three branches and, just as importantly, between the states and the federal government. That is why Senators were appointed by State legislatures up until the 17th amendment was ratified in 1913. Once that was ratified, Senators were no longer beholden to the States, therefore States now have NO representation at the federal level. As a result many State powers have been usurped by the federal government. That is unconstitutional. Strictly interpreting and enforcing the Constitution is the only means to ensure the federal government doesn't usurp power (one branch to another, federal from state, state from federal, etc.). Without that interpretation we get today's situation. All these issues can be summed up by a few distinct clauses in the Constitution (general welfare, supremacy, and commerce clauses)... Those three, interpreted loosely (and incorrectly in my opinion and the opinion of most Constitution scholars) create the levithan known as the federal government. This is precisely why health care is truly not a federal issue, but a state issue.

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Scott Strzelczyk August 11, 2009 at 4:20pm

Dave, all legislation considered by Congress is a constitutional question. In fact, that's the first question they need to ask themselves... Is this a power granted to Congress by the people. If yes, then proceed with writing a bill, if no... then the discussion stops. If the democrats usurp power, what's to stop the republicans from doing so... where does it end. The purpose of the Constitution is to protect our freedom and liberty. The framers and founding fathers fiercely distrusted government. They purposely limited the powers granted to it by the people. They wanted most powers to be with the state or the people (see 10th amendment). To do so, they created a republic. In a republican form of government the law is above everything. The framers carefully crafted our government to have checks and balances amongst the three branches and, just as importantly, between the states and the federal government. That is why Senators were appointed by State legislatures up until the 17th amendment was ratified in 1913. Once that was ratified, Senators were no longer beholden to the States, therefore States now have NO representation at the federal level. As a result many State powers have been usurped by the federal government. That is unconstitutional. Strictly interpreting and enforcing the Constitution is the only means to ensure the federal government doesn't usurp power (one branch to another, federal from state, state from federal, etc.). Without that interpretation we get today's situation. All these issues can be summed up by a few distinct clauses in the Constitution (general welfare, supremacy, and commerce clauses)... Those three, interpreted loosely (and incorrectly in my opinion and the opinion of most Constitution scholars) create the levithan known as the federal government. This is precisely why health care is truly not a federal issue, but a state issue.
Dave Wallace August 11, 2009 at 5:05am

Scott,

This is not a deep and insightful answer, but nonetheless, when we debate we never just flat out say, well this is a constitional question, for it breaks the Article, Section of the Constitution. We need to hold those accountable by doing just what you prescribe!
Very proud to have you as a member of RAM!

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