Can Obama force you to buy health insurance?

Nothing in the Constitution allows the individual mandate he proposes.
By Anthony Gregory
from the September 14, 2009
http://www.csmonitor.com/2009/0914/p09s01-coop.html

Oakland, Calif. - Many liberals lambasted the Bush administration on detention policy and warrantless surveillance, often arguing that they violated the Constitution. Now the Obama administration is pushing ahead with plans to require every American to purchase health insurance.

Doesn't that also violate the Constitution?

The Constitution created a federal government limited to its enumerated powers. Everything Congress is allowed to do is spelled out in Article I. The 10th Amendment makes it explicit: "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."

Nothing in the Constitution authorizes any federal involvement in healthcare – yet Congress may soon require everyone in America to buy insurance.

Admittedly, the Supreme Court has ruled that the language empowering Congress to "regulate Commerce ... among the several States" applies to an ever-broadening range of activity. The "commerce" clause was originally intended to prohibit interstate tariffs, a supposed problem under the Articles of Confederation.

Ironically, consumers today cannot freely buy health insurance from across state lines. If there's any legitimate application of the "commerce" clause, it would be to overturn such restrictions. But the framers never gave Congress the general power to regulate industry.

In the 1935 case Schecter v. United States, involving farming regulations, the court unanimously struck down parts of the National Industrial Recovery Act for overstepping Congress's commerce power. Liberal Justice Louis Brandeis informed one of President Franklin Roosevelt's aides to "tell the president that we're not going to let this government centralize everything."

The next year, the court ruled in Butler v. United States that elements of the Agricultural Adjustment Act, which inflated food prices by restricting supply, violated the 10th Amendment.

After FDR threatened to pack the court with additional judges friendly to the New Deal, the court lost its spine. In 1937, it upheld the National Labor Relations Act – which greatly expanded the power of labor unions and greatly diminished the freedom of contract – under the "commerce" clause.

In Wickard v. Filburn (1942) the justices even upheld the conviction of a man for growing too much wheat on his farm. The court reasoned that even wheat grown solely for private consumption ultimately had an impact on the economy, turning the "commerce" clause into a regulatory rubber stamp.

The "commerce" clause is now interpreted very broadly. Although in United States v. Lopez (1995) the court struck down a firearms law that exceeded Congress's commerce power, it ruled 10 years later in Gonzales v. Raich that federal drug policy overrode California's medical marijuana laws, despite the 10th Amendment.

Justice Clarence Thomas dissented: "If the Federal Government can regulate growing a half-dozen cannabis plants for personal consumption (not because it is interstate commerce, but because it is inextricably bound up with interstate commerce), then Congress' Article I powers … have no meaningful limits." Indeed, practically nothing is beyond the pale anymore.

Then there is the privacy issue. In Griswold v. Connecticut (1965), Roe v. Wade (1973), and Planned Parenthood v. Casey (1992) the court found reproductive freedom to be guaranteed as an implicit right to privacy. In Casey, the court reasoned that abortion entailed "the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy," and that such choices are "central to the liberty protected by the 14th Amendment."

Why wouldn't this apply to the right to decide whether to buy health insurance?

Other constitutional concerns emerge. The mass collection of medical data likely to occur under proposed reforms threatens the Fourth Amendment's "right of the people to be secure in their persons, houses, papers, and effects." Making it a crime not to buy insurance, and then forcing people to show they have not bought it, arguably clashes with the Fifth Amendment's protection against self-incrimination.

The Ninth Amendment reserves to individuals all rights not expressly denied by the Constitution. Nothing in the document curtails our right not to purchase health insurance. And being forced to fill out forms to apply for insurance is in tension with the 13th Amendment's prohibition of "involuntary servitude."

The quality we could expect from government care may also raise constitutional questions. In early August, a federal panel ordered California to release 40,000 inmates because the health services were so strained, causing one unnecessary prisoner death per week, so as to render the treatment "unconstitutional." If we all become captive consumers under federal mandate, could we not similarly argue that any shoddiness in our mandated health services is an unconstitutional burden?

Those who find such constitutional arguments unconvincing are often quick to invoke them against policies they oppose. Similarly, some of today's critics of President Obama and national healthcare brandish the Constitution as a holy document, but were silent when President George W.Bush trampled its many limitations on executive power, and even signed an expansion of Medicare.

A newfound, consistent, and lasting respect for the Constitution, across the ideological spectrum, would renew the health of our republic like nothing else.

Anthony Gregory is a research analyst at the Independent Institute and the author of a forthcoming book on habeas corpus.

Views: 29

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

Comment by dawnrm on September 14, 2009 at 2:34pm
its my understanding that you dont HAVE to obey an unconstitutional law

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Doc Vega posted a blog post
16 hours ago
pohonemas33 team commented on tjdavis's photo
Thumbnail

DejaVu

"nice very goodjob, i wish you can visit official situs pohonemas33"
23 hours ago
Sandy posted a photo
yesterday
Doc Vega posted a blog post
yesterday
Saint Quinn favorited Burbia's video
Friday
Doc Vega posted blog posts
Thursday
Burbia commented on tjdavis's blog post The Jewish Couple That Taught Bob Dylan Hebrew and Introduced Him to Zionism
"Haaretz put this story behind a pay wall. Sali Ariel and Terry Noble were the names of the couple…"
Wednesday
William Heckman is now a member of 12160 Social Network
Wednesday
cheeki kea commented on tjdavis's photo
Wednesday
cheeki kea commented on cheeki kea's video
Thumbnail

This Woman DESTROYED Harley-Davidson's Future Forever

"It's a sad day on the highway. But I guess the show must go on. Watch out for the ruination of…"
Wednesday
cheeki kea posted a video

This Woman DESTROYED Harley-Davidson's Future Forever

This Woman DESTROYED Harley-Davidson's Future ForeverWelcome to Ride Radar – Your Frontline Source for Motorcycle Deals, Trends & Market Mayhem.Looking for t...
Wednesday
tjdavis posted a photo
Wednesday
Burbia posted a status
"Who knew releasing the MLK files and literally deflecting, it ends up implicating himself with the Epstein Files."
Tuesday
Burbia posted a video

Dan Bilzerian DEMOLISHES MAGA Nutjob Patrick Bet-David on His Own Show

Watch as two powerhouse personalities collide in this no-holds-barred debate on one of the world’s most contentious issues. Patrick Bet-David, known for his ...
Jul 21
Doc Vega's 7 blog posts were featured
Jul 20
tjdavis's 2 blog posts were featured
Jul 20
Less Prone favorited tjdavis's blog post Track AIPAC
Jul 20
FREEDOMROX's blog post was featured

MRNA VACCINES: Question

Hello my fellow sojourners,I know it has been five years since the Plandemic, but one question has…See More
Jul 20
Less Prone favorited FREEDOMROX's blog post MRNA VACCINES: Question
Jul 20
cheeki kea commented on cheeki kea's photo
Jul 19

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted