Posted on 12/30/2009 3:39:33 AM PST by Man50D
Sen. Orrin Hatch (R-Utah) said there is nothing in the U.S. Constitution that gives Congress the power to compel individuals to buy health insurance.
“It isn’t there. It isn’t there,” Hatch said last week at the U.S. Capitol, when CNSNews.com asked where in the Constitution Congress finds authority to create an individual mandate to purchase health insurance.
CNSNews.com talked to Hatch, a longtime member of the Senate Judiciary Committee, while he was on his way to take part in a series of procedural votes on the Senate’s health-care reform bill last Wednesday that paved the way for its eventual passage. The votes included a constitutional “point of order” that Republicans raised, challenging the constitutionality of an individual mandate.
The Senate bill, the Patient Protection and Affordable Care Act, contains a historic provision that requires every American to purchase health insurance either individually or through their employer. If they do not, they can be penalized with a surtax ranging from $500 to nearly $1,500 per year.
Sens. John Ensign (R-Nev.) and Jim DeMint (R-S.C.) raised the point of order, essentially forcing Democrats to vote on whether they believed an individual mandate was constitutionally defensible before they could pass their health care bill.
“I am incredibly concerned that the Democrats’ proposed individual mandate provision takes away too much freedom and choice from Americans across the country,” Ensign argued on the Senate floor. “As an American, I felt the obligation to stand up for the individual freedom of every citizen to make their own decision on this issue. I don’t believe Congress has the legal authority to force this mandate on its citizens.”
DeMint, as well, said the provision was outside the constitutional purview of Congress.
“Forcing every American to purchase a product is absolutely inconsistent with our Constitution and the freedoms our Founding Fathers hoped to protect,” the South Carolina senator pointed out.
Hatch, meanwhile, told CNSNews.com there is only one place in the Constitution where the authority could possibly come.
“The only place they could have found it is Article I, Section 8. That’s the only place they could’ve found it, and it’s not there,” Hatch said.
Article I, Section 8 of the U.S. Constitution enumerates the limited powers of Congress and is the place in the document where some congressional Democratic leaders have pointed to defend the individual mandate. The “Commerce Clause” of Section 8 gives Congress the power to “regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes.”
Last October, House Speaker Nancy Pelosi (D-Calif.) dismissed the constitutionality question when CNSNews.com raised it at a briefing in October, saying, “Are you serious? Are you serious?”
But her press secretary then responded to follow-ups by sending a press release touting the Commerce Clause as giving Congress “essentially unlimited” power to regulate health care.
The document, titled Constitutionality of Health Insurance Reform,” says that “the Constitution gives Congress broad power to regulate activities that have an effect on interstate commerce. Congress has used this authority to regulate many aspects of American life, from labor relations to education to health care to agricultural production. Since virtually every aspect of the health care system has an effect on interstate commerce, the power of Congress to regulate health care is essentially unlimited.”
But Hatch, however, told CNSNews.com in an interview last month, that such a broad interpretation of the Commerce Clause was invalid.
“The Commerce Clause effects, quote ‘activities,’ unquote, and the government telling you that you have to buy health insurance, mandating that you have to buy health insurance, is not an activity. I mean, that’s telling you that you’ve got to do something you don’t want to do,” Hatch said.
This would be “the first time that our government would demand that people buy something that they may or may not want,” Hatch said.
Indeed, in 1994, when the Clinton administration tried to pass its own health-care reform legislation, also with an individual mandate included, the Congressional Budget Office reported that it was “unprecedented” in legislative history.
“The government has never required people to buy any good or service as a condition of lawful residence in the United States,” the CBO analysis said. “A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States.”
While the Clinton-era push for a health-care reform bill ultimately failed, last week Senate Democrats used their 20 vote majority to unanimously reject the point of order on the current bill before voting to end debate on the measure. The Senate subsequently passed the health-care bill on a 60-39 vote early Christmas Eve.
A conference committee, however, must now be appointed to try to fashion a compromise between the radically different versions passed by the House and Senate.
Every Republican should be repeating this statement every time they are in front of a camera or microphone.
I wish people like Hatch would make sure they emphasize the penalty for not paying the surtax. Most of the people are still ignorant of that. How much support will there be for this bill if they find out they can be thrown in prison for not paying the health tribute to our masters?
Whaduhya mean? It’s right there.... /s
Another post made a good point. They want the forced buy mandate to be thrown out. Combine that with no preexisting clause for health insurance and the insurance companies go broke. Viola! Government run Health insurance and eternal control of citizens.
Was this a revelation to this pencil-necked geek?
I agree mandating healthcare coverage is unconsititutional but they would just remove this clause and raise everyones taxes to offer universal coverage if this was ever oveturned by the Supreme Court. Either way me would be stuck
with paying for it.
Whatever happened to the liberals support for choice and control over our bodies?
And if its overturned by the Supreme Court it will only be this single page of the 2000 pages
LOL. As if any thing the Federal Government does is listed as a granted power in the Constitution. Most federal spending is on wealth transfers in programs like Medicare, Medicaid, Social Security, Food Stamps and other forms of welfare. Where’s the authorization for those?
Yeah, I don’t see the rabid Dems letting this “little problem” getting in the way of their healthcare plans.
It won't be. If anything, the Supreme Court would most likely affirm this bill to be fully and completely constitutional.
I agree. Dont depend on the Supreme Court. They alrady failed us with McCain-Feingold.
Hatch saying they cannot force Americans to buy anything they dont want is wrong also.
They forced me to buy seatbelts by not giving money to States who wouldnt make them mandatory. That wasnt Constitutional either.
Oh yes they didnt force me to buy a car, nice technicality there, but they will find another technicality to make us buy health care also.
The authorization for all these unconstitutional programs can be found in the Federal Reserve Act of 1913. When congress has un unlimited supply of money created out of thin air, they are then able to do just about anything. Abolish the Fed. problem solved
Oh, Orrin!
That pesky Constitution.
How many other bills have y’all passed, knowing full well they contained unconstitutional elements?
Recall the big Telecom bill y’all passed under Clinton, with the intent of ‘letting the Supreme Court sort it out’?
Recall that Campaign Finance bill y’all passed under Bush2, with the intent of ‘letting the Supremem Court sort it out’?
Awwwwww. You’re just funnin’ us, Orrin. Y’all don’t pay much attention to that ole pesky Constitution.
You’re right, but the fact that he’s at least giving it lip service shows how scared Congress is. 95 percent of both houses need to be replaced.
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