When Asked Where the Constitution Authorizes Congress to Order Americans To Buy

[Chris_]

When Asked Where the Constitution Authorizes Congress to Order Americans To Buy Health Insurance, Pelosi Says: 'Are You Serious?'

CNSNews.com) – When CNSNews.com asked House Speaker Nancy Pelosi (D-Calif.) on Thursday where the Constitution authorized Congress to order Americans to buy health insurance--a mandate included in both the House and Senate versions of the health care bill--Pelosi dismissed the question by saying: “Are you serious? Are you serious?”
 
Pelosi's press secretary later responded to written follow-up questions from CNSNews.com by emailing CNSNews.com a press release on the “Constitutionality of Health Insurance Reform,” that argues that Congress derives the authority to mandate that people purchase health insurance from its constitutional power to regulate interstate commerce.

The exchange with Speaker Pelosi on Thursday occurred as follows:
 
CNSNews.com: “Madam Speaker, where specifically does the Constitution grant Congress the authority to enact an individual health insurance mandate?”
 
Pelosi: “Are you serious? Are you serious?”
 
CNSNews.com: “Yes, yes I am.”
 
Pelosi then shook her head before taking a question from another reporter. Her press spokesman, Nadeam Elshami, then told CNSNews.com that asking the speaker of the House where the Constiution authorized Congress to mandated that individual Americans buy health insurance as not a "serious question."
 
“You can put this on the record,” said Elshami. “That is not a serious question. That is not a serious question.”

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There is a video link as well.

[TheSarge]

Not a serious question?

I'm...speechless.

[Carl]

Just as it always is with the utopian dreams of Marxists.
None happen until an all powerful government forces you at the point of a sword or in this case threats of economic punishment to comply.
That is when it becomes Communisim.

[thundley4]

It looks like all of the top DimRats need to study up on The US Constitution. From the very start of talks about mandated insurance, some scholars have questioned the legality of it.  I would have thought that maybe one of these idiots would have done some research to back their opinions. OTOH, they seem to be relegating the US Constitution to the garbage heap as an impediment to "progress".

[The Village Idiot]

Leahy said "Nobody questions our authority"

I'm nobody

[BlueStateSaint]

Leahy said "Nobody questions our authority"

SCOTUS might . . .

[jtyangel]

Not a serious question?

I'm...speechless.

The only problem is the leeches of America don't think it's a serious question either. Ever talked to your average person? They could care less what's in the Constitution unless it directly affects them and they don't seem to have the powers of thinking to understand HOW it could and does affect them, even if not directly. Sad days.

[Chump]

I would also like to know how a private citizen purchasing or not purchasing health insurance substantially affects interstate commerce, and thus falls under Congress's power to mandate according to the Commerce Clause.  I would also like to take this opportunity to say that Nancy Pelosi is a stupid, haggard bitch.

[TheSarge]

The only problem is the leeches of America don't think it's a serious question either. Ever talked to your average person? They could care less what's in the Constitution unless it directly affects them and they don't seem to have the powers of thinking to understand HOW it could and does affect them, even if not directly. Sad days.

Which explains why Steny Hoyer is able to get away with saying that they have the green light for Obama care under the "general welfare" clause of the Constitution.

[jtyangel]

Which explains why Steny Hoyer is able to get away with saying that they have the green light for Obama care under the "general welfare" clause of the Constitution.

You got it, TX. As I said, sad days. I weep for our country as I know many of my fellow Constitution loving Americans on this board do as well. 

[Splashdown]

It's right after the abortion-on-demand clause

A paragraph or two up from the "separation of church and state" section...

[Alpha Mare]

When CNSNews.com again attempted to ask which provision of the Constitution gives Congress the authority to force Americans to purchase health insurance, Leahy compared the mandate to the government’s ability to set speed limits on interstate highways--before turning and walking away.
 
CNSNews.com: "But where, I mean, which–"
 
Sen. Leahy: "Where do we have the authority to set speed limits on an interstate highway?

CNSNews.com: "The states do that."
 
Sen. Leahy: "No. The federal government does that on federal highways."

Prior to 1995, the federal government mandated a speed limit of 55 miles an hour on all four-lane highways. The limit was repealed in 1995 and the authority to set speed limits reverted back to the states.
 
Technically, the law that established the 55 mile-an-hour limit--the Emergency Highway Energy Conservation Act of 1974--withheld federal highway funds from states that did not comply with it. The law rested on the Commerce Clause, which give Congress the authority to regulate interstate commerce, and Congress’ authority to dole out federal tax revenue.  Someone who does not buy health insurance, critics have argued, is not by that ommission engaged in interstate commerce and thus there is no act of interstate commerce for Congress to regulate in this situation.

Attorney David Rivkin Jr., who worked in the Justice Department under both Presidents Ronald Reagan and George H.W. Bush, said that Sen. Leahy's response about the constitutional authority to mandate the purchase of health insurance "is wrong."

"This mandate can only be based upon a view that Congress can exercise general police powers, a view profoundly at odds with the Framers' vision of the federal government as one of limited and enumerated powers," he said.
"This state of affairs would completely warp our constitutional fabric, vitiate any autonomous role for the states and eviscerate individual liberty," said Rivkin.  "It is profoundly un-American."

http://www.cnsnews.com/news/article/55910

Google books has a good one giving the history of government spending and the 'general welfare clause':

 "To provide for the general welfare: a history of the federal spending power" By Theodore Sky.  (Google skips some later chapters, but if you really want to read them, I can get them off Questia)

[Randy]

OK lets see here. If I buy something online and the company has some sort of office, warehouse or address in the state I live in then I get the privilege of paying state sales tax.
Going by that, then any health insurance provider that has any presence of any kind in any state is IN that state. Thus no interstate commerce.

[Chris_]

OK lets see here. If I buy something online and the company has some sort of office, warehouse or address in the state I live in then I get the privilege of paying state sales tax.
Going by that, then any health insurance provider that has any presence of any kind in any state is IN that state. Thus no interstate commerce.

Lets further expand on that idea.....since all insurance sales are regulated by the STATES, the large insurance companies form separate corporations in each state in order to comply with the regulation........

Therefore, other than ownership by the "umbrella" corporation, you are technically doing business with a corporation that is wholly within your state.......it can therefore be further argued that the "commerce clause" does not apply to the insurance business at all......

doc

[jinxmchue]

...argues that Congress derives the authority to mandate that people purchase health insurance from its constitutional power to regulate interstate commerce.

Oh, bullshit.

[diesel driver]

Not a serious question?

I'm...speechless.

Considering "Popeye" Pelosi isn't a serious speaker of the house, makes perfect sense....   

[The Village Idiot]

Considering "Popeye" Pelosi isn't a serious speaker of the house, makes perfect sense....   

Senator Leahy said nobody questions their authority to do whatever

[rich_t]

It looks like all of the top DimRats need to study up on The US Constitution. From the very start of talks about mandated insurance, some scholars have questioned the legality of it.  I would have thought that maybe one of these idiots would have done some research to back their opinions. OTOH, they seem to be relegating the US Constitution to the garbage heap as an impediment to "progress".

If this sort of bill actually passes, I hope someone will take it to the courts as being unconstitutional.  I don't see how the SCOTUS could legitimately state that it is.

[Chris_]

Senator Leahy said nobody questions their authority to do whatever

I seem to recall 1.78 million 'nobodies' that came knocking on their door back in September to question their authority.  They're probably 1% - give or take - of the 'nobodies' who couldn't take the time away from their lives to go to Washington and question their authority at the time.  That's a whole lot of nobody.

[Peter3_1]

Indeed, it doesn't even make any sense, but then,we're talking entrenched politician, aren't we?

[Lady Texan]

This is SO frightening.....Their attitude of considering themselves literal royalty in this country without having to answer to anyone for their actions and the fact that they are so OPEN about their disdain for the Constitution and for the people is truly unprecedented.  Just like MY Congressman, Lloyd Doggett, who when asked at a townhall meeting if he would still vote for health care even if the people do not want it answered "Yes".  In other words, we peons are too stupid to know what is best for us but thank goodness we have our benevolent politicians to take care of us and show us the error of our ways.

 

[Airwolf]

Our only hope outside a civil war in getting this country back to what it is supposed to be is the 2010 elections.

[Chris_]

Our only hope outside a civil war in getting this country back to what it is supposed to be is the 2010 elections.

And given that the odds are 80-20 against the GOP running, backing or doing anything but tripping and stabbing in the back any real conservative candidates that might run for office in 2010, I'm stocking up on ammo.

[NHSparky]

And given that the odds are 80-20 against the GOP running, backing or doing anything but tripping and stabbing in the back any real conservative candidates that might run for office in 2010, I'm stocking up on ammo.

Scozzafava is a prime example of the GOP-RINO machine not listening to us.

[The Village Idiot]

Scozzafava is a prime example of the GOP-RINO machine not listening to us.

There is also a special election in the California 10th district. A real conservative is the GOP nominee. He can only dream about getting the party to help him like its been helping Scuzzy