Constitutionality of Health Insurance Mandates

Update: 10/27/2009

With video goodness!

Senate Judiciary Chairman Unable to Say Where Constitution Authorizes Congress to Order Americans to Buy Health Insurance

(CNSNews.com) – Senate Judiciary Chairman Patrick Leahy (D-Vt.) would not say what part of the Constitution grants Congress the power to force every American to buy health insurance–as all of the health care overhaul bills currently do.

Leahy, whose committee is responsible for vetting Supreme Court nominees, was asked by CNSNews.com where in the Constitution Congress is specifically granted the authority to require that every American purchase health insurance. Leahy answered by saying that “nobody questions” Congress’ authority for such an action.

CNSNews.com: “Where, in your opinion, does the Constitution give specific authority for Congress to give an individual mandate for health insurance?”

Sen. Leahy: “We have plenty of authority. Are you saying there is no authority?”

CNSNews.com: “I’m asking–”

Sen. Leahy: “Why would you say there is no authority? I mean, there’s no question there’s authority. Nobody questions that.”

Oh, well. So. It’s legal and withing the Constitutional power granted Congress then. Okey-dokey, Patrick.

 

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Can Congress require every citizen to purchase health insurance?

 

Currently, each of the five health care overhaul proposals being considered in Congress would command every American adult to buy health insurance. Any person defying this mandate would be required to pay a penalty to the Internal Revenue Service. (1)

It seems to be unconstitutional. There is an argument that states require drivers to purchase liability auto insurance, but that is not the same. No one is required to drive a car, it does not apply to every citizen. There are no fines if you use the bus or walk instead.

The Congressional Budget Off ice agreed in the past:

In 1994, when the health care reform plan then being advanced by President Clinton called for mandating that all Americans buy health insurance, the non-partisan Congressional Budget Office stud[i]ed the issue and concluded:

“The government has never required people to buy any good or service as a condition of lawful residence in the United States. An individual mandate would have two features that, in combination, would make it unique. First, it would impose a duty on individuals as members of society. Second, it would require people to purchase a specific service that would be heavily regulated by the federal government.” (1)

So, what gives them the right?

Nancy Pelosi has an official press release, so she must have the power, right?

Health Insurance Reform Daily Mythbuster: ‘Constitutionality of Health Insurance Reform’

Is Nancy Pelosi serious? Interstate commerce???

However, as usual, I don’t think she answered the question and instead denigrates “Reform opponents,” who “spread myths.”

There is an excellent discussion of it here:

The “Ridiculous” Health Care Constitutionality Question

An here:

Another word on mandates

Here is an excellent explanation of how Congress abuses the Commerce Clause:

Commerce Clause Abuse: How Congress Circumvents Both the Letter and Spirit of the Constitution

(Walter E. Williams is a national asset)

Here’s another:

Is It Permissible?

Ask the Honorable Speaker of the House, Democrat Nancy Pelosi:

Pelosi: Constitutionality of individual mandates not “serious” question

Is Nancy Pelosi serious?

Her answer seems to be: “My God! The impertinence of you people! I don’t have to put up with this, I’m an important member of Congress. Respect my authority to do any damn thing I please!!!” I’m paraphrasing, so those may not be precise, but that’s the general arrogant message.

I’ll tell ya what. I have some advice for Nancy Pelosi. Free of charge!

Constitution for Dummies

(1) When Asked Where the Constitution Authorizes Congress to Order Americans To Buy Health Insurance, Pelosi Says: ‘Are You Serious?’

Possibly related posts: (automatically generated)

• Where Does The MADAM Get The Gall?
• When Asked Where the Constitution Authorizes Congress to Order Americans To…
• Quote of the day, “Pelosi’s constitutional ignorance” edition
• Duh: More people covered when insurers forced to sell to everyone

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