The 16th amendment was ratified 1913.
Thanks for replying Raycpa.
Regardless of the 16th Amendment (16A), it remains that the states have never expressly constitutionally given the federal government the specific power to dictate, regulate, tax and spend in the name of INTRAstate healthcare, no mention of national healthcare in 16A.
"10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." —Justice John Marshall, Gibbons v. Ogden, 1824.
"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]." —United States v. Butler, 1936.
In fact, federal military healthcare aside, the rest of this post shows clarifications of no express constitutional federal government power to tax and spend for national healthcare by respected constitutional experts (the misguided Supreme Court got Obamacare wrong imo). Clarifications include excerpts from Supreme Court case opinions where justices used healthcare as an example of a power that the states have never expressly constitutionally given to the feds.
But most importantly for this 16A-related discussion, the very last excerpt in this post, from Linder v. United States, 1925, a clarification that the states have obviously never expressly constitutionally given Congress the specific, express power to dictate, regulate, tax and spend for intrastate healthcare purposes (my wording), was decided roughly 12 years after 16A was ratified.
And 16A did not add any new powers to Congress's constitutional Article I, Section 8-limited powers, that amendment effectively only widening Congress's original power to appropriate taxes.
Here's the start of expert clarifications that the states have never expressly constitutional given the feds the specific power to establish a national healthcare program.
"Many are the exercises of power reserved to the States wherein a uniformity of proceeding would be advantageous to all. Such are quarantines, health laws [emphasis added], regulations of the press, banking institutions, training militia, etc., etc." —Thomas Jefferson to James Sullivan, 1807.
"They form a portion of that immense mass of legislation, which embrace every thing in the territory of a state not surrendered to the general government. Inspection laws, quarantine laws, and health laws [emphasis added], as well as laws for regulating the internal commerce of a state, and others, which respect roads, fences, &c. are component parts of state legislation, resulting from the residuary powers of state sovereignty. No direct power over these is given to congress, and consequently they remain subject to state legislation, though they may be controlled by congress, when they interfere with their acknowledged powers." —Justice Joseph Story, Article I, Section 10, Clause 2, 1833.
“Inspection laws, quarantine laws, health laws of every description [emphasis added], as well as laws for regulating the internal commerce of a state and those which respect turnpike roads, ferries, &c., are component parts of this mass.” —Justice Barbour, New York v. Miln., 1837.
Finally, arguably the final nail in the coffin that the states have never expressly constitutional given the feds the specific power to tax and spend for a national healthcare program regardless of 16A, please consider the following.
Misguided Speaker Pelosi had repeatedly ignored a repeatedly submitted proposal by former Rep. Jessie Jackson Jr., for House to pass a referendum to propose a healthcare amendment to the Constitution to the states.
If I remember correctly, she ignored Jackson Jr. proposal both before and after she irresponsibly rammed Obamacare bill through the House, such an amendment necessary for making Obamacare constitutional imo.
Next, below are excerpts from Supreme Court case opinions and congressional record that don't mention unique state power to stop contagious diseases with quarantine, but support the constitutional reality that peacetime healthcare issues, politically correct (imo) mandating of masks argued to slow spread of contagious diseases for example, is a state power issue, not the business of the feds.
”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added]” —Gibbons v. Ogden, 1824.
From the congressional record, clarification by Rep. John Bingham, the main author of Section 1 of the 14th Amendment:
”Simply this, that the care of the property, the liberty, and the life of the citizen, under the solemn sanction of an oath imposed by your Constitution, is in the States and not in the federal government [emphases added]. I have sought to effect no change in that respect in the Constitution of the country.” —John Bingham, Congressional. Globe. 1866, page 1292 (see top half of third column)
“Direct control of medical practice in the states is obviously beyond the power of Congress [emphasis added].” –Linder v. United States, 1925.