Ironic that some voted for the fraud believing that he was some sort of constitutional scholar...and he would
uphold the Constitution.
13. "The federal government has assumed great responsibility to tax and provide for our citizens
under the interpreted authority of the general welfare clause in the Constitution. Our Departments of Transportation, Education, Agriculture, and Interior are all justified by the general welfare clause. Most recently one of the main justifications of the Healthcare Act is that Congress has authority to create such a law because of the general welfare clause.
But how Constitutional is this assumed authority? What would our founders say about this current view of federal power?
Since James Madison is called the Father of our Constitution, it makes sense that we would look to him for clarification on this point. Madison discussed this very issue in an argument he was making against subsidizing a cod fisherman in 1792.
“I, sir, have always conceived — I believe those who proposed the Constitution conceived — it is still more fully known, and more material to observe, that those who ratified the Constitution conceived — that this is not an indefinite government, deriving its powers from the general terms prefixed to the specified powers — but a limited government, tied down to the specified powers, which explain and define the general terms.” James Madison, On the Cod Fishery Bill, granting Bounties 1792
Madison was very simply explaining that
the clause “common defense and general welfare” was not meant to expand the power of the government beyond its limitations, but to describe the purpose of the power delegated within strict confinement of those boundaries."
The General Welfare Clause Justification for Obamacare - Liberty First
The powers delegated by the proposed Constitution to the federal government, are few and defined. The [powers of the federal government] will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. Fed. 45
And certainly wasn't intended to include medical insurance.
Dear
PoliticalChic:
I thought the Conservatives counted it a victory that the Supreme Court struck down this argument about the ACA and the "general welfare" clause.
The controversy is that it was argued as a tax, and that is the argument that was ruled constitutional.
The problem being
(1) it was not argued and passed through Congress as a tax, or it would be struck down; because it was argued as a public health bill, presumably under the general welfare duty of federal govt, there was understanding this would not get past the Supreme Court and sure enough it did not -- under that format.
So the bill STILL did not pass both through the Congress and the Courts as either a
a. tax -- where this passed through the Court but was never voted on as a tax through Congress
b. general welfare application -- where this passed through Congress, but was struck down by the Court
but passed as a hybrid that changed form in midstream
(2) even if it were counted as a tax, this is debatable whether it originated in the House or not
a. some argue that since the ACA was a REVISED version of a previous bill, then the ORIGINAL form did originate in the House
b. others argue that it was changed too much, adding much more to it that was not there before,
and therefore it was a New bill, and not recognizable enough to be the previous bill reformed
(3) either way, the bill does NOT reflect the consent of the taxpayers affected either by
a. no taxation without representation as shown above
b. not depriving citizens of liberty without due process to show what crime has been committed that justifies loss of freedom to govt requirements, especially ones that were not prescribed by law in advance of this change
c. also related to no involuntary servitude except as punishment for a crime
d. separation of federal govt from rights reserved to the states or to the people, where a Constitutional amendment is required first before granting new powers to govt at the level that ACA created new roles
e. not establishing a religion, as in favoring the belief in the "right to health care" over "states rights" and by regulating exemptions on the basis of religion and creed, where only govt-sanctioned programs are legally recognized and other choices of individuals or groups are fined if these are not proven and recognized first.
f. violating equal protection of the laws by discriminating on the basis of creed, by exempting citizens from taxes who comply with beliefs in federally mandated health care requirement while penalizing citizens with taxes for exercising their beliefs in freedom of choice to pay for health care in other ways that are not crimes.