11.19.2009

The constitution and health care reform

Unlawful health reform?

Excerpt:

House Majority Leader Steny Hoyer (D-Md.) says Congress can tax — i.e., punish — people who do not buy insurance because the Constitution empowers Congress to tax for "the general welfare." So, could Congress tax persons who do not exercise or eat their spinach?

When asked whether any compulsory insurance purchases are constitutional, House Speaker Nancy Pelosi was genuinely astonished: "Are you serious? Are you serious?" In 1803, in Marbury v. Madison, Chief Justice John Marshall wrote, "The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the Constitution is written." He was serious.


Comment: "the Constitution ... what's the Constitution?!"

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