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The Mandate and Mug Clause

Where is the constitutional authority for ObamaCare?

David Harsanyi | March 24, 2010

What does it say about your cause that nearly every policy idea you cook up is based in some form or another on coercing the American people?

When House Judiciary Committee Chairman John Conyers (D-Mich.), was asked recently to identify where the Constitution grants Congress the authority to force all Americans to buy health insurance, he replied, "Under several clauses, the good and welfare clause and a couple others."

For those of you who aren't familiar with the "good and welfare" clause, it states, "The Congress shall have Power to make Citizens of each State compelled to partake of the Privileges of Health Care Insurance, & those who refuse will be fined, charged with a misdemeanor Crime or lashed (or receive Medicaid)."

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Now, I'm not a lawyer, but I was somewhat surprised to discover that the Constitution features a "good and welfare" clause—though obviously, Washington has done a laudable job fulfilling the latter part of this imaginary passage.

(We'd be better off mandating that elected officials own copies of the Constitution.)

It has, actually, been widely speculated that Conyers, a lawyer, was referring to the General Welfare Clause, which gives Congress the authority to tax and spend to promote the general welfare.

The other "clauses" he mentions are likely the long-abused Commerce Clause, which gives Congress the power to "regulate Commerce ... among the several States."

Attorneys general from 14 states and other state legislatures disagree with Conyers and already have mounted legal challenges to the constitutionality of individual mandates. Few people believe they will be successful in their admirable cause.

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OMG... I laughed so hard listening to Rush in the car yesterday, I'd have wrecked if I hadn't been parked at the the time. :lol:

Conyers:
“Under several clauses, the good and welfare clause and a couple others. All the scholars, the constitutional scholars that I know -- I’m chairman of the Judiciary committee, as you know -- they all say that there’s nothing unconstitutional in this bill and if there were, I would have tried to correct it if I thought there were.

CHAIRMAN OF THE JUDICIARY COMMITTEE.... ALL THE SCHOLARS HE KNOWS... OMG!... it's PRICELESS!!! :lol::rofl::lol::lol:
 
OMG... I laughed so hard listening to Rush in the car yesterday, I'd have wrecked if I hadn't been parked at the the time. :lol:

Conyers:
“Under several clauses, the good and welfare clause and a couple others. All the scholars, the constitutional scholars that I know -- I’m chairman of the Judiciary committee, as you know -- they all say that there’s nothing unconstitutional in this bill and if there were, I would have tried to correct it if I thought there were.

CHAIRMAN OF THE JUDICIARY COMMITTEE.... ALL THE SCHOLARS HE KNOWS... OMG!... it's PRICELESS!!! :lol::rofl::lol::lol:

I bet he was a huffin and a puffin
 
OMG... I laughed so hard listening to Rush in the car yesterday, I'd have wrecked if I hadn't been parked at the the time. :lol:

Conyers:
“Under several clauses, the good and welfare clause and a couple others. All the scholars, the constitutional scholars that I know -- I’m chairman of the Judiciary committee, as you know -- they all say that there’s nothing unconstitutional in this bill and if there were, I would have tried to correct it if I thought there were.

CHAIRMAN OF THE JUDICIARY COMMITTEE.... ALL THE SCHOLARS HE KNOWS... OMG!... it's PRICELESS!!! :lol::rofl::lol::lol:

I bet he was a huffin and a puffin

Who? Rush? ...Yeah, he was laughing so hard he could hardly catch his breath. And who could blame him? Conyers is an idiot, nattering away about "Constitutional Scholars" and his inside track as "Chairman of the Judiciary Committee".... all the time MAKING UP constitutional clauses. :lol::lol::lol:
 
OMG... I laughed so hard listening to Rush in the car yesterday, I'd have wrecked if I hadn't been parked at the the time. :lol:



CHAIRMAN OF THE JUDICIARY COMMITTEE.... ALL THE SCHOLARS HE KNOWS... OMG!... it's PRICELESS!!! :lol::rofl::lol::lol:

I bet he was a huffin and a puffin

Who? Rush? ...Yeah, he was laughing so hard he could hardly catch his breath. And who could blame him? Conyers is an idiot, nattering away about "Constitutional Scholars" and his inside track as "Chairman of the Judiciary Committee".... all the time MAKING UP constitutional clauses. :lol::lol::lol:
I wouldn't say "making up" but rather having perverted interpretations of things.
 
Where is the constitutional authority for ObamaCare?

Article I Section 8 Clause 1
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;


Amendment 16
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.


There's your answer. Now STFU and move on
 
I bet he was a huffin and a puffin

Who? Rush? ...Yeah, he was laughing so hard he could hardly catch his breath. And who could blame him? Conyers is an idiot, nattering away about "Constitutional Scholars" and his inside track as "Chairman of the Judiciary Committee".... all the time MAKING UP constitutional clauses. :lol::lol::lol:
I wouldn't say "making up" but rather having perverted interpretations of things.

Which would be in keeping with the "perverted interpretation" assumed by his cohorts in their attempt to subvert the CLEAR MEANING of our U.S. Constitution. Really, he's nothing special in comparison to his fellow Democrats... par for the course these days.
 
Where is the constitutional authority for ObamaCare?

Article I Section 8 Clause 1
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;


Amendment 16
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.


There's your answer. Now STFU and move on

Good job.


I fear for what may happen to the constitution if this SCOTUS get ahold of this one though.

They may deside that the word welfare was misspelled in the original constitution and the word should have been general "warfare".
 
Where is the constitutional authority for ObamaCare?

Article I Section 8 Clause 1
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;


Amendment 16
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.


There's your answer. Now STFU and move on

Correct me if I'm wrong but didn't the SC under FDR find what he was doing unconstitutional??

The only reason it got enacted was because FDR threatened to pack the court and the SC backed down.

Wonder if this SC has more balls???
 
Where is the constitutional authority for ObamaCare?

Article I Section 8 Clause 1
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

Campaign For Liberty — Constitutional "General Welfare Clause" Powers Conferred to Congress


Amendment 16
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.

Incomes. Not excises. Excises must be apportioned.
 
Correct me if I'm wrong but didn't the SC under FDR find what he was doing unconstitutional??

The only reason it got enacted was because FDR threatened to pack the court and the SC backed down.

Wonder if this SC has more balls???

I hope so. 'Cause if it doesn't... the Constitution has become meaningless.
 

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