To Hell with the Constitution?

The American Thinker ^ | November 11, 2009 | Jon N. Hall

[Scanian]

Much has been made recently of the unconstitutionality of federal health care reform, especially a government-run system (the "public option") that could devolve into a "single-payer" system. The main objection is that the federal government has no authority to operate a health care system. Indeed, the 9th and 10th Amendments forbid it, according to Larrey Anderson of American Thinker.

In The Wall Street Journal, Judge Andrew Napolitano writes that Congress has been getting around such constitutional bans by invoking its Commerce Clause, "the favorite hook on which Congress hangs its hat in order to justify the regulation of anything it wants to control." Perhaps the most outrageous abuse of this tiny clause is the case of Wickard v. Filburn (1942), where the Supreme Court cited the Commerce Clause in denying a man the right to cultivate his own land for the purpose of feeding his family.

[ought-six]

Tyranny.

[Polybius]

..... especially a government-run system (the "public option") that could devolve into a "single-payer" system. The main objection is that the federal government has no authority to operate a health care system.

That argument, riding on the Medicare horse, left the barn loooong ago.

Whether or not a single payer system is wise or not is a totally separate issue.

[Spartan79]

The ninth and tenth amendments are the rule: powers not granted by the constitution to the federal government belong to the states, and to the people. The commerce clause is an exception to this rule. Unfortunately for America, since the 1930’s the commerce clause has been interpreted so expansively by the federal judiciary that there is now almost literally nothing that the federal government cannot do. In lawyers’ parlance, the exception has completely swallowed the rule.

[R. Scott]

[JohnQ1]

The people making and enforcing our new laws are violating the supreme law of our land, our Constitutions: yes, plural, and some state Constitutions predate the federal Constitution. The politicians who think themselves above the law are outside the law, outlaws to be taken by any means, in any condition.

[ballplayer]

That would be the Greatest thing to see ,Americans Dumping insurance and telling the government to go to Hell!
Man I would Love to see that!
Maybe the Government would build New Debtor prisons called Insurance jails

[Man50D]

The Tenth Amendment can't be considered without also discussing Article 1 Section 8 of the Constitution. Specifically and clearly written are the powers granted to Congress. The Tenth Amendment is predicated on powers not listed in Article 1 Section 8. The Interstate Commerce Clause only pertains the transportation of products across state lines but not the regulation of those products while in a given state.

One portion of Article 1 Section 8 cannot grant Congress unlimited powers(commerce clause) while claiming other portions limit federal powers upon which the Tenth Amendment is based. Either all of Article 1 Section 8 limits federal powers or it doesn't limit federal powers. If it is the latter then the Tenth Amendment is irrelevant.

[Scanian]

YEs, And we can start displaying that rebellious spirit by telling census-takers what they can do with that long, ultra-nosey census form.

[goldstategop]

I'm going to go to jail rather than buy something I neither want nor need.

"Show me just what Mohammed brought that was new, and there you will find only things evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelogus

[wastoute]

All State legislators and other politicians should be forced to watch the judge's performance last night on Beck's show. WOW! He laid it out. THe states need to call a Constitutional convention with NO FEDERAL POLITICIANS. NO FEDERAL INPUT. Put the Fed Gov back on it's leash. Eliminate the Income Tax and return the 17th Ammendment.

Would that ever clip Zero's wings? No more Lordship for Barry. The guy wants to be King of the Earth but instead he would have to be handmaiden to 50 sovereign governors. LOL.

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[Scanian]

Judge Napolitano belongs in politics. Someone like him would be an excellent antidote to what ails New Jersey.