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US Constitution PROHIBITS Government initialed Health Care

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posted on Mar, 15 2009 @ 10:51 PM
Article 1 Section 8 of the US Constitution deals with the legislative powers granted to Congress. Here is the entire text of that:

Article 1 - The Legislative Branch Section 8 - Powers of Congress
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 Offenses 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.

NOWHERE does it state that the Congress has the power to pass any legislation dealing with HEALTH CARE. In fact, MEDICARE was illegally created, even though it VIOLATED the US Constitution.

James Madison, in the Federalist paper #45, said:

"The powers delegated by the proposed Constitution to the federal government are few and defined." (Federalist Papers #45) The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people (Amendment X).

This was later codified in the Bill of Rights, in the ten ammendment:

* Tenth Amendment – Powers of states and people. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Thus, health care, is NOT a power granted to the US government. It may, however, be instituted by individual states, as they see fit.

We continue to see the DESTRUCTION of the US Constitution by Congress and a willing Executive branch.

The only way that a national health care program could be LEGALLY instituted by Congress is with a Constitutional Amendment.

In fact, virtually ANY social program instituted by Congress is Unconstitutional. Whether it would benefit the citizens or not, is not the issue. If Congress feels strongly about it, they should follow the proper Constitutional law, and proceed with the Amendment route.

posted on Mar, 15 2009 @ 11:00 PM
Strictly speaking, you are correct.

However, the Supreme Court, in conjunction with the United States Congress have expanded the scope of two major provisions in order to take care of most domestic issues. They use the "Commerce Clause" (that is that Congress may regulate interstate commerce) and the "Necessary and Proper Clause" (that is that Congress may make any laws deemed necessary and proper to the points laid out in Article One). Because of these two provisions and their use over time, Congress' power over domestic issues has increased exponentially. The Supreme Court has weighed in at some points, but usually on the side of expanded Congressional power.

For example, using medicine. The implements used in healthcare: pills, IVs, Needles, ambulances, etc... they are not sole property of one state, but are, rather produced through collaboration. Therefore, Congress can regulate it.

Yes, I realize this seems like a stretch. However, in the eyes on Congress and the United States legal system, the case I presented is absolutely in keeping with the current interpretation of the Constitution.

Politics aside, you are correct in your outrage that strict construction has taken a back seat to increased federal power.

posted on Mar, 15 2009 @ 11:07 PM
reply to post by Iago18

Yes, I realize this seems like a stretch. However, in the eyes on Congress and the United States legal system, the case I presented is absolutely in keeping with the current interpretation of the Constitution.

Yes, you are right. It is a stretch. The Supreme Court has increasingly been overstepping their bounds also. They have resorted to legislating from the bench, under the guise of interpretation. The Founding Fathers knew exactly what they were doing, in setting limits to the 3 branches of government, limits which have been skirted, to the point of criminal action, in my humble opinion.

I'm not arguing that some sort of health care system would not be beneficial to citizens. I would just like to see the path to it, follow the US Constitution. Start the process of an Amendment to the Constitution.


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