If these morons are confused, they should go and read Section 1 of the Constitution again. (and again and again until they get it).
Section. 8.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries
....
“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers”
Patents make drugs expensive - very expensive - $100,000 to $400,000 per year per patient expensive.
Insurance companies don’t want to cover people who need these expensive patented drugs because they make insurance simply too expensive for tens of millions of people.
The average American family of four will pay about $2,500 per year one way or another for our patented drug system.
Pre-existing conditions are primarily excluded simply because they (may) require expensive patented drugs. The secondary reason is prolonged mental hospitalizations.
The PPACA negated the partial counter-exclusionary rights of insurers excercised in response to the constitutionally permitted federally granted unlimited exclusionary rights of inventors (and their drug company employers/sponsors) due to the complaints of sick people who need the drugs.
The necessary condition of the “necessary and proper” supplemental power doesn’t have to be that of the federal government, it can be that of sick people needing absurdly expensive Article I, Section 8 patented drugs.
Perhaps “insurance” companies should only be required to pay no more for patented drugs for pre-existing conditions than the amount paid for premiums for the initial six or eighteen months.
Perhaps patents (or FDA approvals) for a drug should be conditioned on individual affordability for the drug.
“To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;....”
This is what they think the health care and insurance comes under. Same as FDR did with the New Deal. The following is an excerpt from my tagline, from a booklet written in 1939:
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The Constitution says that the Congress shall have the power “to regulate commerce with foreign nations, among the several states, and with the Indian tribes.” That is the famous clause. Commerce among the several states is of course interstate commerce.
Now, when the New Deal undertook to regulate wages or hours or labor conditions in the nation, it did not write a law saying that such should be the minimum national wage or such the minimum national day’s work, nor that the rules of the National Labor Relations Board should govern all employee-employer relations throughout the nation. Not at all.
It could hardly say that without first tearing up the Constitution. What it did say was that only such goods as were produced under conditions that conformed to the Federal law — only those and no other — should be permitted to move in interstate commerce.
And then the New Deal courts stretched the definition of interstate commerce to the extreme of saying that the Federal government may regulate a wheat farmer who feeds his own wheat to his own chickens, on the ground that if he had not raised his own wheat he would have had to buy wheat for his chickens and buying it would be in the way of interstate commerce; or, that the Federal government may regulate the hours and wages of elevator operators, janitors, and char-women in a Philadelphia office building because some of the building’s tenants are engaged in interstate commerce.