- Banned
- #41
Congress does not now nor ever have the power to create new powers or new responsibilities nor to pay for things not specifically enumerated in the Constitution. They MUST create and pass an Amendment to do that. I do not care how many people want it, nor what party is in power. You want new authority for the Government? CREATE an Amendment and get it passed.
"Promote the general welfare" covers a broad category, including providing health care.
That means it is in fact enumerated in the constitution, under this general category.
Now, you may choose to interpret that differently than I do, but legally, Congress has the right to create laws based on how they interpret the constitution, without the requirement of an amendment, as long as the subject at hand falls within their constitutionally defined purview.
Now, perhaps the supreme court might rule that such a law is in fact unconstitutional at a later date, based on their interpretation of the Constitution, but it is not in fact wrong of congress to make the law in the first place.
The constitution was written over 200 years ago. If one were to say that congress could not interpret the constitution, but could only have power over what was specifically and literally enumerated, then an amendment would be required whenever new technologies appeared.
After all, they didn't have cars or computers in the late 18th century, now did they?