check out this e-mail i got back ( two months later ) from my senator :
Dear Mr. Miller:
Thank you for writing to express your views concerning the constitutionality of enacting healthcare reform legislation. I appreciate hearing your thoughts on this topic and welcome the opportunity to respond.
I support reforming our healthcare system. The key is to find a healthcare plan that provides coverage, as well as limits cost. My colleagues in the Senate and I have been working on this, but it is a difficult issue and must be carefully thought out. I understand that you have concerns about the constitutionality of enacting healthcare reform legislation. Although specific proposals have not been finalized, I can provide a general overview of how Constitutional principles might apply to the issue of healthcare reform.
Article I, section 8 of the Constitution states that "Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States..." The power to raise and expend revenue for the general welfare is one of the broadest powers in the Constitution. This provision has afforded the Constitutional basis of government health programs in the Social Security Act, including Medicare, Medicaid, and the State Children's Health Insurance Program.
One of the significant ways the federal government can encourage state behavior is by imposing conditions on the receipt of federal funds. The Supreme Court has held that when Congress imposes conditions on federal funds that go to the States, these conditions represent a valid exercise of Congress' power under the Constitution's Spending Clause.
Additionally, the Commerce Clause of the Constitution empowers Congress "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." The Supreme Court has found that the Commerce Clause allows Congress to regulate "those activities having a substantial relation to interstate commerce." This power has been cited as the Constitutional basis for a significant portion of the laws passed by Congress that affect the domestic economy across states.
I appreciate hearing your views on this matter. Please know that I will be sure to keep your comments in mind as my colleagues and I continue to examine ways to make healthcare affordable for all Americans.
Again, thank you for writing. I hope that you will continue to keep in touch on issues of importance to you. If you should have any further questions or comments, please feel free to call my Washington, D.C. staff at (202) 224-3841. Best regards.
Also, may I take this opportunity to wish you a happy and healthy holiday season. And may 2010 be a good year for us all.
Sincerely yours,
Dianne Feinstein
United States Senator
under article 1 section 8 gives congress ownership of the people as virtual tax slaves
Just my 2 cents:
Using Article 1 Section 8 “Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States...” to cover Medicaid, Medicare, SCHIPS, Social Security may have been approved by the courts in the past, but that argument is weak when applied to this HealthCare bill.
All of the programs listed by Feinstein are voluntary programs. An individual must decided if they wish to participate in Medicaid/Medicare, etc., they must apply for the funds and agree to the limits/regulations of those funds. Participation is voluntary.
However, this HealthCare bill comes as a “REQUIREMENT” and with a fine and jail time if a citizen does not enroll. The “requirement” and fine/jail time sets the HealthCare on a totally different plane.
Also, if they use the argument that you are required to have car insurance (which they say sets a precedent)so it is okay to require citizens to have health insurance, they are comparing apples to oranges.
Car insurance is “required”, but it is ONLY required of individuals owning a car. If you DON’T own a car you are NOT REQUIRED to buy car insurance.
I think this whole health care bill is going to end up in the lap of the Supreme Court. There are a couple of conservative constitutional law firms out there that have been following this whole debacle, and I’m of the opinion they will be filling litigations against the bill.
If that is the case, I plan on contributing to the cause financially and supporting them in prayer.