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Does the Constitution allow Congress to force you to buy health insurance?

Posted on 11/18/2009 5:28:39 PM PST by DavidFarrar

Does the Constitution allow Congress to force you to buy health insurance? Several Congressional leaders have been asked, by CNSNews.com in particular. Their responses ranged from ignorant, to arrogant, to contemptuous.


TOPICS: Government
KEYWORDS: 111th; bhohealthcare; healthcare
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The Enumerated Powers Act,(EPA) will force Congress to demonstrate its Constitutional authority for each bill it passes.

Over the past four weeks H.R. 450 has gained two more co-sponsors, bringing the total in that chamber up to 54. Check here to see if your Rep. is one of them.

Senate Bill: S.1319 has remained at 22 co-sponsors. You can also check the status of your Senators at this site.

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To find your Congressional delegation, please click on the scroll gif above.

It's time to get serious about protecting our Constitution from the socialist assault now underway in Congress against it. Let's increase the number of co-sponsors to the Enumerated Powers Act by writing a letter to each member of your Congressional delegation, demanding that they sponsor the Enumerated Powers Act, H.R. 450; S. 1359.

This is what Jim Babka, President, Downsize DC. Inc., wrote in his letter . . .

"Can Congress justify its actions "chapter and verse" -- that is, by naming the authorizing article, section, and clause of the Constitution?

"You swore an oath to support and defend the Constitution. Sponsoring the Enumerated Powers Act (EPA) will signify to me that you take this oath seriously. This is not merely a symbolic matter. I have to pay attention to the laws you guys pass, and comply with them. Therefore, I will take your failure to become an active co-sponsor as an endorsement of lawlessness, because that is the choice before you . . .

"Will you endorse the Constitution or lawlessness?

"The EPA says Congress must pay attention to the Constitution, that "... each Act (must) contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. Several members of Congress have been asked to cite where the Constitution permits them to force Americans to buy health insurance. THUS FAR, ALL SUPPORTERS OF THE HEALTH INSURANCE MANDATE FAILED THIS ONE QUESTION TEST. Some were even insulted that we would question their power. In fairness, they were caught off-guard, but now you can give me a researched, thoughtful response. Please tell me, "Where does the Constitution permit you to force Americans to buy health insurance?"

"If you can cite specific Constitutional provisions that permit this, I want to hear them, and I insist that they be mentioned in the health care bill. "If you can't specify any such authority, you are bound by your oath of office to oppose mandatory health insurance.

"If you write me saying that you oppose the individual mandate, please know that I'm grateful. But you're not off the hook, because . . . You should still co-sponsor the Enumerated Powers Act, and, as a sponsor, work passionately to bring it to a hearing in the House Judiciary Committee. The EPA will actually make your job easier. It will tell you right away if a bill's provisions are Constitutionally legal.

"You expect me to obey the law -- to avoid lawlessness. I expect the same from you. Do not underestimate the importance of this issue. More and more Americans are starting to care about what the Constitution actually says. They understand that Congress's legitimate powers are limited to those listed in the Constitution, and are further restrained by the Bill of Rights (including the Ninth and Tenth Amendments).

"The longer Congress ignores the Constitution, the more we will conclude that the problem isn't simply that Congress is ignorant of what the Constitution requires, but rather that most members are contemptuous of the Constitution, and are deliberately breaking both the law and their oaths of office. The longer you refuse to sponsor the Enumerated Powers Act, the more I will assume this about you personally. I will take this into account as I discuss your re-election with other voters."

The time to act is now. Please do your part by asking your Congressional delegation to get behind the Enumerated Powers Act now.

ex animo

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davidfarrar

1 posted on 11/18/2009 5:28:39 PM PST by DavidFarrar
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To: DavidFarrar
Does the Constitution allow Congress to force you to buy health insurance?

Sadly, the constitution is woefully defended, misinterpreted, twisted or ignored.

2 posted on 11/18/2009 5:32:00 PM PST by umgud (I couldn't understand why the ball kept getting bigger......... then it hit me.)
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To: DavidFarrar

Well, duh.

~ O-bozo, messiah


3 posted on 11/18/2009 5:34:52 PM PST by dynachrome (Barack Hussein Obama yunikku khinaaziir!)
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To: DavidFarrar

...of course not, but that won’t stop the commies.


4 posted on 11/18/2009 5:35:10 PM PST by madison10
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To: DavidFarrar

Only the most radical liberal judges could find such a law Constitutional. Too bad there’s so many radically liberal judges.

There’s no way it should hold up in court. However, after McCain Feingold, we can’t count on the courts to strike down anything, no matter how clearly unconstitutional it is....


5 posted on 11/18/2009 5:36:27 PM PST by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: DavidFarrar
>>>>>Does the Constitution allow Congress to force you to buy health insurance?

Only if you're a liberal and you believe the Constitution is a "living document". Changing at the whim of politicians. Otherwise, the federal government has no power to force people to buy anything. It also has no power to operate things like SocSec retirement, welfare, medicare, education, etc etc etc...

6 posted on 11/18/2009 5:37:18 PM PST by Reagan Man ("In this present crisis, government is not the solution to our problem; government is the problem.")
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To: DavidFarrar

If the Citizenry says mandatory health insurance is unconstitutional, then it is unconstitutional.


7 posted on 11/18/2009 5:39:18 PM PST by HerrBlucher
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To: DavidFarrar

The craziest thing is nobody seems to care! And most people have never pondered the idea that it might be unconstitutional.


8 posted on 11/18/2009 5:40:21 PM PST by BunnySlippers (I LOVE BULL MARKETS . . .)
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To: DavidFarrar
It's time to get serious about protecting our Constitution from the socialist assault now underway in Congress against it.

It's been time to get serious about protecting our Constitution for 222 years...each and every day, hour, minute, and second since September 17, 1787.

9 posted on 11/18/2009 5:40:40 PM PST by cbkaty (I may not always post...but I am always here......)
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To: umgud

and if Obama gets to appoint a justice or two, this will become a moot point.

“They won”, remember?


10 posted on 11/18/2009 5:43:40 PM PST by bigbob
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To: DavidFarrar
Sure, do you think limited government and delegated powers actually mean anything?

Ask Mrs. Kelo.

11 posted on 11/18/2009 5:43:43 PM PST by jwalsh07 (Ask not what you can do for your country, ask what you can do for Obama.)
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To: DavidFarrar
Of course it isn't in the strict construction of the Constitution.

However, in the living, breathing Constitution (where the Constitution is both everything and nothing) it is possible to find anything you want.

12 posted on 11/18/2009 5:46:13 PM PST by steelyourfaith (Limit all U.S. politicians to two terms: One in office and one in prison!)
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To: DavidFarrar
I ain't buying crap! I am not paying any penalties either. I won't capitulate or compromise on principles. I'll be first if I have to be.

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13 posted on 11/18/2009 5:46:45 PM PST by Bad Jack Bauer (Fat and Bald? I was BORN fat and bald, thank you very much!)
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To: cbkaty
Talk is cheap. Write the damn letters.

Nothing personal, of course.

ex animo

davidfarrar

14 posted on 11/18/2009 5:51:49 PM PST by DavidFarrar (davidfarrar)
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To: KoRn

The totalitarians will argue in the Supreme Court that it is a TAX and will WIN.

Why do you think Social Security is still around.


15 posted on 11/18/2009 6:03:20 PM PST by Para-Ord.45
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To: Bad Jack Bauer

Mossberg 500 milspec.

triple 000 ?


16 posted on 11/18/2009 6:04:42 PM PST by Para-Ord.45
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To: DavidFarrar

It amounts to a bill of attainder.

So no, it’s not constitutional.


17 posted on 11/18/2009 6:12:28 PM PST by djf (Maybe life ain't about the doing - maybe it's just the trying... Hey, I don't make the rules!)
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To: DavidFarrar

If he were available for comment, I am confident that James Madison would say “No!” Maybe “Hell No!” He is quoted as saying that the “general welfare” clause (which Democrats in Congress would surely cite as their enabling part of the Constitution) was never intended to be used to justify anything that legislators wanted to enact. For the American citizens’ benefit, you understand.


18 posted on 11/18/2009 6:14:36 PM PST by OldPossum
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To: DavidFarrar

Hey, you’re cute!!!

Anyway, both my senators are cosponsors (that includes McCain; see, he’s not all bad)

Hopefully, we replace the “blue dog” next year.


19 posted on 11/18/2009 6:15:48 PM PST by DLfromthedesert
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To: DavidFarrar

Constitution - shmantstitution...

You all worry too much.

The next thing all you right wing lunatics will tell me is that the house deliberately sidestepped the requirement for the president to be a natural born American citizen.

Give me a frickin’ break, already! /s


20 posted on 11/18/2009 6:24:00 PM PST by 70times7 (Serving Free Republics' warped and obscure humor needs since 1999!)
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