Why is Obamacare unconstitutional but Medicare is not?

You are a hypocrite. First you claim you are going by what the constitution says, then when presented with what is MEANT by what the constitution says you get to conveniently ignore it.

You don't have to present me with what it means, I already understand the meaning of words. I don't need James Madison to explain it to me, the Congress has the power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; - I know this because it says PRECISELY that in the constitution.

LOL....so to you, GW means anything YOU want it too


No, it means the general welfare.

general - 1 : involving, applicable to, or affecting the who
General - Definition and More from the Free Merriam-Webster Dictionary
welfare - 1 : the state of doing well especially in respect to good fortune, happiness, well-being, or prosperity
Welfare - Definition and More from the Free Merriam-Webster Dictionary
 
Hey Bern80, why is Madison the only one whose opinion counts?
What about Alexander Hamilton? He wrote 51 of the Federalist papers to Madison's 29. And this is what he had to say about it:

It is therefore of necessity left to the discretion of the National Legislature, to pronounce, upon the objects, which concern the general Welfare, and for which under that description, an appropriation of money is requisite and proper

Article 1, Section 8, Clause 1: Alexander Hamilton, Report on Manufactures



Does his opinion just not count because you don't happen to like it? Guess what, too bad!
 
You don't have to present me with what it means, I already understand the meaning of words. I don't need James Madison to explain it to me, the Congress has the power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; - I know this because it says PRECISELY that in the constitution.

LOL....so to you, GW means anything YOU want it too


No, it means the general welfare.

general - 1 : involving, applicable to, or affecting the who
General - Definition and More from the Free Merriam-Webster Dictionary
welfare - 1 : the state of doing well especially in respect to good fortune, happiness, well-being, or prosperity
Welfare - Definition and More from the Free Merriam-Webster Dictionary

like i said, so anything YOU want it to be
 
Hey, I'm sorry, I had no idea that James Madison was the only founding father. I thought there was a guy named Thomas Jefferson, too.

“[T]he laying of taxes is the power, and the general welfare the purpose for which the power is to be exercised. They [Congress] are not to lay taxes ad libitum for any purpose they please; but only to pay the debts or provide for the welfare of the Union. In like manner, they are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose.” - Thomas Jefferson


But I guess only the Founding Fathers whose views are in line with the modern right wingers actually count.


Me, personally, I'll go with what the Constitution says.

lmao....he doesn't define general welfare and this is your response....

you don't know, so you'll call it anything you want

what is pathetic about the same people claiming h/c is constitutional because of some vague term are the very same people who have no problem claiming the specific type of waterboarding is unconstitutional....they very same people who claim a court must determine if h/c is unconstitutional, have already claimined the specific waterboarding is unconstitutional....

irony, to say the least





Torture is a federal crime.

And if you don't know what "general welfare" means pick up a dictionary.

what court has ruled that specific technique specifically used at that time is torture? if you don't have a case, then you have past judgment on what is constitutional or not constitutional behavior without a court doing so and thus a hypocrite for whining about people claiming this is unconstitutional.
 
"With respect to the two words ‘general welfare,' I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators." – James Madison in letter to James Robertson

"If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions." - James Madison, 1792


Hey, I'm sorry, I had no idea that James Madison was the only founding father. I thought there was a guy named Thomas Jefferson, too.

“[T]he laying of taxes is the power, and the general welfare the purpose for which the power is to be exercised. They [Congress] are not to lay taxes ad libitum for any purpose they please; but only to pay the debts or provide for the welfare of the Union. In like manner, they are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose.” - Thomas Jefferson


But I guess only the Founding Fathers whose views are in line with the modern right wingers actually count.


Me, personally, I'll go with what the Constitution says.

lmao....he doesn't define general welfare and this is your response....

you don't know, so you'll call it anything you want

what is pathetic about the same people claiming h/c is constitutional because of some vague term are the very same people who have no problem claiming the specific type of waterboarding is unconstitutional....they very same people who claim a court must determine if h/c is unconstitutional, have already claimined the specific waterboarding is unconstitutional....

irony, to say the least

yurt.... do you honestly believe that waterboarding does NOT induce severe mental pain or suffering?

really?
 
lmao....he doesn't define general welfare and this is your response....

you don't know, so you'll call it anything you want

what is pathetic about the same people claiming h/c is constitutional because of some vague term are the very same people who have no problem claiming the specific type of waterboarding is unconstitutional....they very same people who claim a court must determine if h/c is unconstitutional, have already claimined the specific waterboarding is unconstitutional....

irony, to say the least





Torture is a federal crime.

And if you don't know what "general welfare" means pick up a dictionary.

what court has ruled that specific technique specifically used at that time is torture? if you don't have a case, then you have past judgment on what is constitutional or not constitutional behavior without a court doing so and thus a hypocrite for whining about people claiming this is unconstitutional.

has a court ruled that health care is unconstitutional? if not... aren't you being a bit two faced here?
 
Hey Bern80, why is Madison the only one whose opinion counts?
What about Alexander Hamilton? He wrote 51 of the Federalist papers to Madison's 29. And this is what he had to say about it:

It is therefore of necessity left to the discretion of the National Legislature, to pronounce, upon the objects, which concern the general Welfare, and for which under that description, an appropriation of money is requisite and proper

Article 1, Section 8, Clause 1: Alexander Hamilton, Report on Manufactures



Does his opinion just not count because you don't happen to like it? Guess what, too bad!

He isn't the only one. Jefferson agreed with him which I proved....it also seems quite likely that Hamilton actually did agree with them as well. I understand that old english can be a bit tough to read. Here is an excerpt of your link and and explanation of what was said

That the object to which an appropriation of money is to be made be General and not local; its operation extending in fact, or by possibility, throughout the Union, and not being confined to a particular spot.

No objection ought to arise to this construction from a supposition that it would imply a power to do whatever else should appear to Congress conducive to the General Welfare. A power to appropriate money with this latitude which is granted too in express terms would not carry a power to do any other thing, not authorised in the constitution, either expressly or by fair implication.

In other words, Hamilton says, don't object to the funding part of it by improperly inferring that I think the federal government can legislate on anything it might deem to be in the general welfare. Or--more simply--just because you can fund it doesn't mean you can legislate it. Maybe Madison and Hamilton were more in agreement about the General Welfare Clause of the Constitution than has been generally thought.

Regardless of whether the Founders disagreed on the "general ability" of the federal government to legislate as regards the General Welfare, it seems easy to intuit that the Founders, were they alive today, would be unanimous in bemoaning that a great deal of what the federal government funds today is of a very un-general nature, and is therefore unconstitutional.

The last two paragraphs are out of the book Liberty's Blueprint by Michael Meyerson. He explaines it better than I can
 
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why does the constitution even list certain enumerated powers if the general welfare clause means....anything we want for the general welfare? whats the point of even listing those enumerated powers as one can argue each enumerated power is for the general welfare...

seems redundant and nonsensical
 
why does the constitution even list certain enumerated powers if the general welfare clause means....anything we want for the general welfare? whats the point of even listing those enumerated powers as one can argue each enumerated power is for the general welfare...

seems redundant and nonsensical

Well thank God the framers - that would include, Madison, the main author, Jefferson AND Hamilton, told us why.

That is exactly my point. For the general wellfare clause to be construed as broadly as Spider would like takes some true mental gymnastics, intentional ignorance of context and intent of the framers.
 
LOL....so to you, GW means anything YOU want it too


No, it means the general welfare.

general - 1 : involving, applicable to, or affecting the who
General - Definition and More from the Free Merriam-Webster Dictionary
welfare - 1 : the state of doing well especially in respect to good fortune, happiness, well-being, or prosperity
Welfare - Definition and More from the Free Merriam-Webster Dictionary

like i said, so anything YOU want it to be




No, not me, the Congress


"It is therefore of necessity left to the discretion of the National Legislature, to pronounce, upon the objects, which concern the general Welfare, and for which under that description, an appropriation of money is requisite and proper" - Alexander Hamilton
 
I understand that old english can be a bit tough to read.

Alexander Hamilton's "Report on Manufactures" isn't written in old English you dolt, I can understand the wording just fine and I don't need anyone to explain it to me, I'm not a moron.
The National Legislature has express authority "To lay and Collect taxes, duties, imposts and excises, to pay the debts and provide for the Common defence and general welfare" with no other qualifications than that "all duties, imposts and excises, shall be uniform throughout the United states, that no capitation or other direct tax shall be laid unless in proportion to numbers ascertained by a census or enumeration taken on the principles prescribed in the Constitution, and that "no tax or duty shall be laid on articles exported from any state."
 
why does the constitution even list certain enumerated powers if the general welfare clause means....anything we want for the general welfare? whats the point of even listing those enumerated powers as one can argue each enumerated power is for the general welfare...

seems redundant and nonsensical


It doesn't mean anything we want for the general welfare, its the power to tax and spend for the general welfare.

For example, Congress may levy a tax on cigarettes and spend the tax money on helping smokers to quit smoking, if it judges that to be in the interest of the general welfare. Congress cannot, however, abolish tobacco use. That could be something they might judge in the interest of the general welfare - but its not taxing and spending, its a law regulating peoples actions, and thus, not an enumerated power.
 
That is exactly my point. For the general wellfare clause to be construed as broadly as Spider would like takes some true mental gymnastics, intentional ignorance of context and intent of the framers.



I don't think you've actually READ the snippet by Hamilton that I linked. Article 1, Section 8, Clause 1: Alexander Hamilton, Report on Manufactures

But you don't have to, and no mental gymnastics are required. There's no need to ponder endlessly about what the writers meant - because its quite clear what they meant, its written in plain English. The Congress has the power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States;
 
what court has ruled that specific technique specifically used at that time is torture? if you don't have a case, then you have past judgment on what is constitutional or not constitutional behavior without a court doing so and thus a hypocrite for whining about people claiming this is unconstitutional.


A court doesn't have to rule it torture, it is torture.
 
Why is Obamacare unconstitutional but Medicare is not?

Who is it that is making that argument?

Rush, hannity, beck, all their fans and the idiots in here.


If you have insurance, this wont affect you in the least bit. Well, it will change the costs eventually. It will be lower because of COMPETITION.

Did you enjoy your last rate hike?

I did a quick search online and could not find any such argument being made by the three you listed. Could you provide a link?

Overall costs of health care will not go down under a government plan. People who expect the government to pay for their insurance or to use tax dollars to decrease their premiums are not concerned about overall costs we as a nation will still be spending. They just want their "cut" or a seemingly "quick fix" to the problem. The government will only make it worse in the long run; yet, that is a topic for a different thread.
 
I understand that old english can be a bit tough to read.

Alexander Hamilton's "Report on Manufactures" isn't written in old English you dolt, I can understand the wording just fine and I don't need anyone to explain it to me, I'm not a moron.
The National Legislature has express authority "To lay and Collect taxes, duties, imposts and excises, to pay the debts and provide for the Common defence and general welfare" with no other qualifications than that "all duties, imposts and excises, shall be uniform throughout the United states, that no capitation or other direct tax shall be laid unless in proportion to numbers ascertained by a census or enumeration taken on the principles prescribed in the Constitution, and that "no tax or duty shall be laid on articles exported from any state."

Apparently you do as you believe he agrees with your interpretation. He doesn't. Twice now you have displayed the text book definition of 'out of context'. You immaturely find whatever sentence you need to find that could be construed as supporting your position and ignore everything else. You are sorely lacking in intellectual integrity.

I again submit he also said this:

No objection ought to arise to this construction from a supposition that it would imply a power to do whatever else should appear to Congress conducive to the General Welfare. A power to appropriate money with this latitude which is granted too in express terms would not carry a power to do any other thing, not authorised in the constitution, either expressly or by fair implication.
 
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That is exactly my point. For the general wellfare clause to be construed as broadly as Spider would like takes some true mental gymnastics, intentional ignorance of context and intent of the framers.



I don't think you've actually READ the snippet by Hamilton that I linked. Article 1, Section 8, Clause 1: Alexander Hamilton, Report on Manufactures

But you don't have to, and no mental gymnastics are required. There's no need to ponder endlessly about what the writers meant - because its quite clear what they meant, its written in plain English. The Congress has the power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States;


yes I read it. I understand how someone of low intelligence could interpret it the way you did. The FACT is Hamilton would most likely disagree with your interpretation of that clause. Anymore words from the founders you would like to bastardize?
 
why does the constitution even list certain enumerated powers if the general welfare clause means....anything we want for the general welfare? whats the point of even listing those enumerated powers as one can argue each enumerated power is for the general welfare...

seems redundant and nonsensical


It doesn't mean anything we want for the general welfare, its the power to tax and spend for the general welfare.

For example, Congress may levy a tax on cigarettes and spend the tax money on helping smokers to quit smoking, if it judges that to be in the interest of the general welfare. Congress cannot, however, abolish tobacco use. That could be something they might judge in the interest of the general welfare - but its not taxing and spending, its a law regulating peoples actions, and thus, not an enumerated power.

and again, you can't provide a limit on the GW clause, so far all you've done is expand to anything YOU deem appropriate, like h/c...you already have made up your mind that the specific waterboarding is torture, though no court has said so, and here, you have made up your mind that h/c is not unconstitutional though no court has ruled thusly.

IOW, you do in fact make the GW clause anything YOU want it to be. and so does congress. due to FDR's court packing threat, scotus caved and basically ruled the GW is limitless. and you have yet to argue one single limit on the GW clause. you hide behind, 'well its not me its congress'....yet in the same hypocritical breath pass judgment on what is unconstitutional regarding waterboarding. further, you continue to support an unlimited definition of the GW clause with regards to spending.

its quite clear that such an interpretation makes the enumerated powers meaningless.

your comment about tobacco is irrelevent and completely off base with regards to what i am talking about. if i said the GW allows congress to make marijuana illegal, you would have a point, but i never said that. i've always talked in the vein of spending. you're spinning madly to try and justify your stance, so you have to come up with red herrings.
 
Under the Constitution, Congress isn't authorized to run, regulate, or subsidize our health care. Because the Tenth Amendment prohibits the federal government from doing anything the Constitution doesn't expressly authorize it to do, federal intervention in health care is unconstitutional.


Wrong, the Congress clearly has the power to levy taxes for the purposes of providing for the general welfare.


Article I
Section 8

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States;


Yes, the Supreme Court hasn't struck down unconstitutional programs such as Medicaid and the prescription drug benefit

Oh, in fact, it is here, and its everywhere. By your tone I take it you're retired and presently enjoying the benefits of these socialist unconstitutional programs.

The general welfare of an overall populace is not the providing of your personal welfare... and also try understanding what the founders meant by welfare... I'll give you a hint, it certainly was NOT government entitlements
 
Apparently you do as you believe he agrees with your interpretation. He doesn't. Twice now you have displayed the text book definition of 'out of context'. You immaturely find whatever sentence you need to find that could be construed as supporting your position and ignore everything else. You are sorely lacking in intellectual integrity.

Actually, douchebag, I was only putting a few sentences for brevity. That's why I supplied the whole link, so you could read it yourself, which you obviously didn't. So here's the entire relevant passage, enjoy:
A Question has been made concerning the Constitutional right of the Government of the United States to apply this species of encouragement, but there is certainly no good foundation for such a question. The National Legislature has express authority "To lay and Collect taxes, duties, imposts and excises, to pay the debts and provide for the Common defence and general welfare" with no other qualifications than that "all duties, imposts and excises, shall be uniform throughout the United states, that no capitation or other direct tax shall be laid unless in proportion to numbers ascertained by a census or enumeration taken on the principles prescribed in the Constitution, and that "no tax or duty shall be laid on articles exported from any state." These three qualifications excepted, the power to raise money is plenary, and indefinite; and the objects to which it may be appropriated are no less comprehensive, than the payment of the public debts and the providing for the common defence and "general Welfare." The terms "general Welfare" were doubtless intended to signify more than was expressed or imported in those which Preceded; otherwise numerous exigencies incident to the affairs of a Nation would have been left without a provision. The phrase is as comprehensive as any that could have been used; because it was not fit that the constitutional authority of the Union, to appropriate its revenues shou'd have been restricted within narrower limits than the "General Welfare" and because this necessarily embraces a vast variety of particulars, which are susceptible neither of specification nor of definition.

It is therefore of necessity left to the discretion of the National Legislature, to pronounce, upon the objects, which concern the general Welfare, and for which under that description, an appropriation of money is requisite and proper. And there seems to be no room for a doubt that whatever concerns the general Interests of learning of Agriculture of Manufactures and of Commerce are within the sphere of the national Councils as far as regards an application of Money.

The only qualification of the generallity of the Phrase in question, which seems to be admissible, is this--That the object to which an appropriation of money is to be made be General and not local; its operation extending in fact, or by possibility, throughout the Union, and not being confined to a particular spot.

No objection ought to arise to this construction from a supposition that it would imply a power to do whatever else should appear to Congress conducive to the General Welfare. A power to appropriate money with this latitude which is granted too in express terms would not carry a power to do any other thing, not authorised in the constitution, either expressly or by fair implication.

I again submit he also said this:

No objection ought to arise to this construction from a supposition that it would imply a power to do whatever else should appear to Congress conducive to the General Welfare. A power to appropriate money with this latitude which is granted too in express terms would not carry a power to do any other thing, not authorised in the constitution, either expressly or by fair implication.
[/QUOTE]


Yeah, he's basically saying the same thing Thomas Jefferson said - which is that the general welfare does not grant unlimited power, its specifically related what can be taxed and spent on. See, what he's saying here, since you have trouble with the "old English" (LOL):
"A power to appropriate money with this latitude which is granted too in express terms would not carry a power to do any other thing"
is that the power to appropriate money for the general welfare does not carry the power to do ANYthing for the general welfare. Congress can appropriate money for health care - but it can't force you to go to the doctor.




We're basically going to go back and forth on this to infinity because YOU CAN'T READ. I keep telling you that the general welfare clause does not grant unlimited power - it only grants SPENDING power for the general welfare - and in fact, the quote from Hamilton YOU SUPPLIED says the same thing. Then you come back and tell me its absurd to think it grants unlimited power. One can only conclude you have severe reading comprehension problems, which isn't surprising since you believe the Constitution to be written in "Old English".
Old English, BTW, is nothing you or I could understand. Here's the Lord's Prayer in Old English:
Fæder ure þu þe eart on heofonum
Si þin nama gehalgod
to becume þin rice
gewurþe ðin willa
on eorðan swa swa on heofonum.
urne gedæghwamlican hlaf syle us todæg
and forgyf us ure gyltas
swa swa we forgyfað urum gyltendum
and ne gelæd þu us on costnunge
ac alys us of yfele soþlice
 

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