Thursday, November 19, 2009

To Promote the General Welfare?

In a recent interview the Democrat Senator from Hawaii was asked:

“Is there any specific area of the Constitution that would give Congress the authority to be able to mandate individuals to have to purchase health insurance?”
Akaka: “Not in particular with health insurance. It’s not covered in that respect. But in ways to help citizens in our country to live a good life, let me say it that way, is what we’re trying to do, and in this case, we’re trying to help them with their health.”
Huh? Just what doesn’t the Senator know about limitations on power, especially for the federal government. If a health ‘care’ bill is passed will it stand up to Supreme Court scrutiny? I don’t think so.
Just what powers are given to Congress in the Constitution? The powers to legislate come from four sources: Enumerated and implied powers, amendment enforcing powers, inherent powers and treaty powers. Congress is not authorized to act just because their intentions are good.
Some might point to the Constitution and the government’s job to “promote the general welfare,” and pursue other vital objectives, but those lines are included in the Preamble to the Constitution and are considered to “walk before” the law of our land, the Constitution. Undefined legislative authority is explained in the Constitution, though, but it gives those rights to the States not the Federal Government.

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