Health-Care Reform and the Constitution

[Kevin_Kennedy]

Last week, I asked South Carolina Congressman James Clyburn, the third-ranking Democrat in the House of Representatives, where in the Constitution it authorizes the federal government to regulate the delivery of health care. He replied: "There's nothing in the Constitution that says that the federal government has anything to do with most of the stuff we do." Then he shot back: "How about [you] show me where in the Constitution it prohibits the federal government from doing this?"

Rep. Clyburn, like many of his colleagues, seems to have conveniently forgotten that the federal government has only specific enumerated powers. He also seems to have overlooked the Ninth and 10th Amendments, which limit Congress's powers only to those granted in the Constitution.

Andrew Napolitano: Health-Care Reform and the Constitution - WSJ.com

 

[indianaboy]

Since when should the Constitution be a barrier to change?

 

[Kevin_Kennedy]

Since when should the Constitution be a barrier to change?

Was that a serious question?

 

[Emma]

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.

No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.
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Right there in the Constitution.

 

[Kevin_Kennedy]

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.

No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.
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Right there in the Constitution.

I bolded the part I think you missed in your analysis, and I'm going to add the 10th amendment to my argument.

"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."

The part I bolded and the 10th amendment clearly state that only powers given by the Constitution explicitly are legitimate. If we read the Constitution any other way then you open Pandora's Box where the government can essentially do anything it wants so long as it deems it "necessary and proper." The founders certainly did not setup a system of government where the government could do anything it wants.

 

[logical4u]

 

[Emma]

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.

No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.
-----

Right there in the Constitution.

I bolded the part I think you missed in your analysis, and I'm going to add the 10th amendment to my argument.

"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."

The part I bolded and the 10th amendment clearly state that only powers given by the Constitution explicitly are legitimate. If we read the Constitution any other way then you open Pandora's Box where the government can essentially do anything it wants so long as it deems it "necessary and proper." The founders certainly did not setup a system of government where the government could do anything it wants.

Tough titty. The Department of Health and Human Services is a Constitutionally created Executive Cabinet department. The Congress is within its scope to direct that department and fund it. And that includes universal health care if they see fit to do so. Read that first paragraph again. Slowly.

 

[Kevin_Kennedy]

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.

No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.
-----

Right there in the Constitution.

I bolded the part I think you missed in your analysis, and I'm going to add the 10th amendment to my argument.

"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."

The part I bolded and the 10th amendment clearly state that only powers given by the Constitution explicitly are legitimate. If we read the Constitution any other way then you open Pandora's Box where the government can essentially do anything it wants so long as it deems it "necessary and proper." The founders certainly did not setup a system of government where the government could do anything it wants.

Tough titty. The Department of Health and Human Services is a Constitutionally created Executive Cabinet department. The Congress is within its scope to direct that department and fund it. And that includes universal health care if they see fit to do so. Read that first paragraph again. Slowly.

Yet these constitutionally created departments can't have powers that the Constitution does not confer upon them explicitly, as per the 10th amendment. An amendment to the Constitution would be absolutely necessary for the government to pass universal healthcare.