Feeds:
Posts
Comments

Posts Tagged ‘Obamacare’

As I discussed in an earlier blog post, the Health Care Law is not constitutional. Our Constitution provides limits on what the federal government can legislate. The enumerated powers are found in Article 1, Section 8. These are the only areas within which the federal government can legislate. Unfortunately, we are in the situation we are in today (with massive amounts of unconstitutional federal regulations) because the Supreme Court declared the Social Security Act constitutional in three (3) decisions passed down on May 24, 1937. In coming to the conclusion that the Social Security Act was constitutional, it did a complete about-face from over 100 years of rulings. Prior to these 3 decisions on Social Security (Helvering v. Davis, Stewart Machine v. Davis, and Carmichael v. Southern Coal and Coke), the Supreme Court routinely struck down legislation which went beyond the powers granted to the federal government in Article 1, Section 8 of the Constitution.  The Court rejected much of the New Deal and repeatedly held that the federal government did not have the authority under the Constitution to set up social welfare programs, or tax individuals in an effort to get them to comply with a legislative desire. The pre-May 24, 1937 decisions were consistent the intent of the Founding Fathers. The wording of the Constitution makes it clear that the federal government does not have the power to intervene in economic or state matters and the reservation clause (Tenth Amendment) reinforces this limit on the power of the federal government – “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Why did the court change its mind on May 24, 1937? When Roosevelt didn’t get his way concerning his planned expansion of federal power (the “New Deal”) he decided the Supreme Court was too old to make decisions. To relieve them of this burden, he proposed that new Justices should be added for every current Justice over the age of 70. Although this legislation was not passed, it clearly signaled to the Supreme Court (or at least a majority on the Supreme Court) that it had better get in line and support the President’s desire to expand federal power and stamp its approval on the New Deal.

When you read the 3 decisions that came out on that day, you see how ridiculous the arguments are. The Court concluded that the Social Security Act was constitutional because of societal conditions at the time (i.e., the Great Depression). In other words, because the States were unable to handle the issue of the societal ills of the unemployed elderly, the federal government had to step in and provide welfare to them. This is the first time we hear that the Constitution does allow the federal government to spend for the “general welfare” and that the discretion to determine where to draw the line between general welfare and particular welfare rested with Congress, unless the choice is arbitrary or capricious (Helvering). What was formerly an introductory phrase to the list of actual areas in which the federal government could pass laws, was now a new area in itself: general welfare. It is clear from the written opinion in Helvering that Cardoza had to bend over backwards to reach this conclusion. He spends an inordinate amount of time discussing the Great Depression and characterizing unemployment not as a “particular” ill, but a “general” one. In addition, with respect to taxing as a way to get individuals and states to bend to the will of the federal government, the Court indicates that just because the excise taxes were expected to coerce the states into some type of action does not make the tax invalid. The court seems to imply that if the means (taxing in order to coerce the states to adopt conforming regulations) accomplishes a national end (general welfare), then it must be valid (Stewart Machine).

It is my fervent hope that our current Supreme Court will correct this long line of holdings by explaining how the actual wording of Article 1, Section 8 and the reservation clause (contained in the 10th Amendment) provide a limit on federal government. In addition, they have an opportunity to reclaim the true meaning of the word “commerce” in the Constitution as Judge Roger Vinson of Federal District Court in Pensacola, Florida did in his very well-worded decision striking down the Health Care Law.

Advertisements

Read Full Post »

The District Court in Florida recently declared the new Health Care Law unconstitutional. Of course, this decision will still need to be appealed to the Court of Appeals and the Supreme Court, but the Judge carefully outlined the reasons for his declaration in the written opinion. Although I would have listed a few more reasons, I was impressed with some of the rationales he listed. I especially liked the fact that he went back to the actual language in the Constitution as it was intended when written. I know that is not the popular way to interpret the Constitution, but it does make sense. To summarize: Interstate commerce means interstate trade. Trade means the movement of goods in exchange for money. Insurance does in no way fall within this category. Insurance is a service, not a physical product which can travel in a truck on I-35 between Texas and Illinois. Basically, despite all of the reasons you may have heard about why this law is unconstitutional, the best one is the simplest one: it is not authorized under Section 1 Article 8 – the section which grants Congress the power to pass laws. The powers in this Article were enumerated in order to LIMIT federal government. As you can imagine this was a huge concern to our founding fathers.
There has been some talk of repealing the Health Care Act, but I hope this doesn’t happen. I would like to see the Supreme Court rule on this issue. If they do interpret the Constitution the way it was intended, they will find that Congress did not have the authority to pass this Act and it would open the door for States to bring other lawsuits concerning federal laws outside the purview of Article 1, Section 8, of the Constitution. I can envision California taking on the establishment of the DEA, for example, or the passing of laws that criminalized the possession of marijuana and made it a federal offense under the Commerce Clause. (Remember, police power is reserved to the States so the only way these laws could be passed and these agencies established was through a tenuous connection to interstate commerce. Of course, the commerce clause wasn’t intended to criminalize trade. Well, at least the sale of marijuana would fall under the definition of trade. The problem is that on the one hand Congress wants to force citizens to buy the services of for-profit corporations and on the other wants to prevent citizens from purchasing a plant. Neither type of law is authorized in the Constitution. Of course, our founding fathers were not averse to marijuana – it is believed that George Washington grew hemp on his farm.)
The bottom line is that the federal government has gotten out of control of the people. It is no longer acting as a government for the people, but rather as a government for more government. Congress is passing laws in areas beyond what the Constitution permits. This is not a right v. left issue or a liberal v. conservative issue. It is simply a matter of whether or not the States are going to permit the Federal government to continue down this road. It is up to us as citizens to elect state officials who will stand up to federal encroachment. The best way to get our country back and our economy out of the gutter is to vote. Vote in your state elections – they really matter.

Read Full Post »