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Author Topic: Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Order Am  (Read 3237 times)

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Offline Chris_

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Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Order Am
« on: October 21, 2009, 12:03:28 PM »
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Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Order Americans to Buy Health Insurance

(CNSNews.com) – House Majority Leader Steny Hoyer (D-Md.) said that the individual health insurance mandates included in every health reform bill, which require Americans to have insurance, were “like paying taxes.” He added that Congress has “broad authority” to force Americans to purchase other things as well, so long as it was trying to promote “the general welfare.”
 
The Congressional Budget Office, however, has stated in the past that a mandate forcing Americans to buy health insurance would be an “unprecedented form of federal action,” and that the “government has never required people to buy any good or service as a condition of lawful residence in the United States.”
 
Hoyer, speaking to reporters at his weekly press briefing on Tuesday, was asked by CNSNews.com where in the Constitution was Congress granted the power to mandate that a person must by a health insurance policy. Hoyer said that, in providing for the general welfare, Congress had “broad authority.”
 
“Well, in promoting the general welfare the Constitution obviously gives broad authority to Congress to effect that end,” Hoyer said. “The end that we’re trying to effect is to make health care affordable, so I think clearly this is within our constitutional responsibility.”
 
Hoyer compared a health insurance mandate to the government’s power to levy taxes, saying “we mandate other things as well, like paying taxes.”

*snip*

CNSNews.com also asked Hoyer if there is a limit to what Congress can mandate that Americans purchase and whether there is anything that specifically could not be mandated to purchase. Hoyer said that eventually the Supreme Court would find a limit to Congress’ power, adding that mandates that unfairly favored one person or company over another would obviously be unconstitutional.

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I'm surprised they let that pesky 'ol Constitution interfere with Oooooomama's agenda.

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Offline NHSparky

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Re: Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Order Am
« Reply #1 on: October 21, 2009, 12:06:06 PM »
Count the House Majority Leader as another one who hasn't read the writings of the Founding Fathers.

Dear Steny, might I suggest, after you take that proverbial flying **** at the rolling donut that you start with the Federalist Papers, followed by selected writings of Jefferson, Adams, et al?
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Offline Chris

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Re: Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Order Am
« Reply #2 on: October 21, 2009, 12:14:07 PM »
Unfortunately, FDR's Supreme Court decided that the general welfare clause applied to massive government spending programs like this one (Helvering v. Davis).  It's all been downhill since then.
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Offline thundley4

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Re: Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Orde
« Reply #3 on: October 21, 2009, 12:14:50 PM »
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He added that Congress has “broad authority” to force Americans to purchase other things as well, so long as it was trying to promote “the general welfare.”

What next?  Forcing us to buy union made products only?  I know how about forcing us to buy CFL bulbs to help the environment.  :thatsright: :doh:

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Hoyer said that eventually the Supreme Court would find a limit to Congress’ power, adding that mandates that unfairly favored one person or company over another would obviously be unconstitutional.

He is assuming that the USSC will find mandates in general to be constitutional.
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Offline MrsSmith

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Re: Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Orde
« Reply #4 on: October 21, 2009, 06:33:44 PM »
Quote from: thundley4 on October 21, 2009, 12:14:50 PM
What next?  Forcing us to buy union made products only?  I know how about forcing us to buy CFL bulbs to help the environment.  :thatsright: :doh:

He is assuming that the USSC will find mandates in general to be constitutional.
By the time they're done, all workers will be union workers.  What percentage of government workers aren't unionized?   ::)
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Offline Chris_

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Re: Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Order Am
« Reply #5 on: October 21, 2009, 06:40:24 PM »
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Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Order Americans to Buy Health Insurance

And the Constitution's 2nd Amendment clause (not to mention the 9th and 10th Amendments) empower me, the average Joe Citizen to tell you to POUND SAND, YOU WORTHLESS COCKROACH!!!
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Offline Chris_

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Re: Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Orde
« Reply #6 on: October 21, 2009, 06:42:17 PM »
Quote from: MrsSmith on October 21, 2009, 06:33:44 PM
What percentage of non-government workers aren't unionized?   ::)

93 percent and change.

About 1/3 of government employees are subject to one union or another.
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Offline Crazy Horse

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Re: Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Orde
« Reply #7 on: October 21, 2009, 08:42:45 PM »
Quote from: MrsSmith on October 21, 2009, 06:33:44 PM
By the time they're done, all workers will be union workers.  What percentage of government workers aren't unionized?   ::)

I'm a non unionized goverment employee, as are most that I work with......................however we have one that was a former Union steward and......well?????you know.

BTW the majority of goverment workers aren't...............unless you count all the state and local goverments.  The DoD is about 1/3
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Offline MrsSmith

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Re: Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Order Am
« Reply #8 on: October 21, 2009, 09:04:51 PM »
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While only 7.6 percent of employed wage and salary workers in the private sector were members of unions in 2008, 36.8 percent of government workers and 42.2 percent of local government workers were unionized.

http://townhall.com/columnists/BenShapiro/2009/10/21/follow_the_money

Unless his stats are whacked...

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Offline Texacon

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Re: Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Orde
« Reply #9 on: October 21, 2009, 09:09:25 PM »
Quote from: thundley4 on October 21, 2009, 12:14:50 PM
What next?  Forcing us to buy union made products only?  I know how about forcing us to buy CFL bulbs to help the environment.  :thatsright: :doh:

He is assuming that the USSC will find mandates in general to be constitutional.

Your old A/C won't be safe.  EVERYONE will have to upgrade to a 15 SEER.

Having to prove you NEED a pickup.

Live within 7 miles of work?  You don't even need a car!  You MUST buy a bike.

Cigarettes .... don't even think about them.

Like to eat what you want?  Congress can and will fix that for you.

Thanks General Welfare Clause!!

KC

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Offline Alpha Mare

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Re: Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Order Am
« Reply #10 on: October 22, 2009, 07:58:32 AM »
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The first clause of Article I, Section 8, reads, "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." This clause, called the General Welfare Clause or the Spending Power Clause, does not grant Congress the power to legislate for the general welfare of the country; that is a power reserved to the states through the TENTH AMENDMENT. Rather, it merely allows Congress to spend federal money for the general welfare. The principle underlying this distinction—the limitation of federal power—eventually inspired the only important disagreement over the meaning of the clause.

According to JAMES MADISON, the clause authorized Congress to spend money, but only to carry out the powers and duties specifically enumerated in the subsequent clauses of Article I, Section 8, and elsewhere in the Constitution, not to meet the seemingly infinite needs of the general welfare. ALEXANDER HAMILTON maintained that the clause granted Congress the power to spend without limitation for the general welfare of the nation. The winner of this debate was not declared for 150 years.
http://law.jrank.org/pages/7116/General-Welfare.html

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Few americans realize that up until 1937 the Congress of the United States conducted its business within the boundaries of seventeen enumerated powers granted under Article I Section 8 of the United States Constitution. [Appx. 1] these powers defined clearly the areas of national purposes over which Congress could enact legislation including the allocation of funds and levying of taxes. Anything not set down in the enumerated powers was considered outside the purview of the national government and hence, a matter for the states. There were occasional challenges to the concept but it was not until Franklin Roosevelt's new deal that it was attacked in deadly earnestness.

The General Welfare clause in Article I Section 8
is an introduction to the enumerated powers that follow
and not itself a grant of power.
http://constitutionalawareness.org/genwelf.html
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Offline Chris_

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Re: Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Orde
« Reply #11 on: October 22, 2009, 08:04:14 AM »
Quote from: Texacon on October 21, 2009, 09:09:25 PM
Your old A/C won't be safe.  EVERYONE will have to upgrade to a 15 SEER.

Having to prove you NEED a pickup.

Live within 7 miles of work?  You don't even need a car!  You MUST buy a bike.

Cigarettes .... don't even think about them.

Like to eat what you want?  Congress can and will fix that for you.

Thanks General Welfare Clause!!

KC


They're just rearranging a few words here and there...."...provide for the general welfare and promote the defense...."
See...that's much better.  [/DUmp mode]
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Offline DixieBelle

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Re: Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Order Am
« Reply #12 on: October 22, 2009, 09:00:12 AM »
Do they think the damn Constitution was written on an etch-a-sketch????
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Offline Chris_

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Re: Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Order Am
« Reply #13 on: October 22, 2009, 09:02:00 AM »
Quote from: DixieBelle on October 22, 2009, 09:00:12 AM
Do they think the damn Constitution was written on an etch-a-sketch????

Yes.

Next question.
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Offline docstew

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Re: Hoyer Says Constitution’s ‘General Welfare’ Clause Empowers Congress to Orde
« Reply #14 on: October 22, 2009, 09:56:32 AM »
He's quoting from the preamble?  I always thought of the preamble as being as important to the design of the govt as the copyright information at the front of a book.  Sure, it's pretty language, but it only lays out objectives, not means.  If the preamble is so damn important, he needs to work on that more perfect union first, cuz he's failing at that horribly.
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