Pearls Before Swine, do you know why the Founding States made the federal Constitution, particularly the significance of healthcare not being included in Congress's Article I, Section 8-limited powers?
On second thought, ignore that question. The following excerpts from Supreme Court case opinions indicate that, regardless what activist justices want everbody to think about the constitutionality of federal Obamacare Democratcare, the states have never delegated to Congress, via the Constitution, the specific power to regulate, tax and spend for intrastate healthcare purposes.
”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.
“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.
“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.
“Direct control of medical practice in the states is obviously [emphasis added] beyond the power of Congress.” –Linder v. United States, 1925.
And regardless that Democrats and RINOs will argue that since the Constitution doesn't say that Congress cannot establish a national healthcare program, then they can do it. But the Supreme Court has also addressed that kind of foolish thinking concerning the federal government's constitutionally delegated powers.
”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.
Also, if you want, Judge Andrew Napolitano will read Section 8 to you; video is a little over 3 minutes. Judge Napolitano will then emphasize what the Supreme Court excerpts indicate, that the states have never delegated to the feds, via the Constitution, the specific power to officially address intrastate healthcare issues.
Judge Napolitano & the Constitution
The bottom line is that there's a lot of criminal activity going on in the constitutionally limited power federal government imo. Voters need to wake up and do something about it.
Those are extremely interesting legal references, thanks. The one from 1936 is especially clear. People might argue that the older ones referencing “health laws” aren’t quite relevant, because the whole concept of government provided health care was unknown, and the reference might have been to things like rat control or quarantines. But, the 1936 quote is very specific.
I’ll listen to the Judge.