“Nobody Questions our Authority…”

©2009 drkate

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Senator Patrick Leahy (D, Vt) can’t find a Constitutional source for Congress’ authority to mandate that every American buy insurance, but he doesn’t really care…because, ‘no one questions our authority’. Wow, I guess those back woods of Vermont are isolated, in fact, the last time I was there, it was so cold that I saw a Congress-critter (Leahy?) walking down the street and he had his hands in his own pockets!  Nah, not Leahy.🙄

This video captures Leahy’s response to being asked inconvenient questions about health care and Congress’ authority.

Here is part of the transcript of the interview:

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.”
Leahy compared the mandate to the government’s ability to set speed limits on interstate highways–before turning and walking away.

CNSNews.com: “But where, I mean, which–”

Sen. Leahy: “Where do we have the authority to set speed limits on an interstate highway?

CNSNews.com: “The states do that.”

Sen. Leahy: “No. The federal government does that on federal highways.”

Wrong, Senator Leahy.

cute-angry-puppy-pic55Prior to 1995, the federal government mandated a speed limit of 55 miles an hour on all four-lane highways. The limit was repealed in 1995 and the authority to set speed limits reverted back to the states.

Technically, the law that established the 55 mile-an-hour limit–the Emergency Highway Energy Conservation Act of 1974–withheld federal highway funds from states that did not comply with it. The law rested on the Commerce Clause, which give Congress the authority to regulate interstate commerce, and Congress’ authority to dole out federal tax revenue. Someone who does not buy health insurance, critics have argued, is not by that omission engaged in interstate commerce and thus there is no act of interstate commerce for Congress to regulate in this situation.

Article I Tyranny, Revisited

The use of the ‘commerce clause’ in Article I  Section 8, plus the taxing authority, has allowed Congress to exceed its 18 enumerated powers many times over, as we discussed here and here.

he's got your walletBut instead of ‘making regular’ commerce between the states, Congress has ursurped the clause itself as an excuse to regulate the behavior of states and individuals, not to regulate commerce.   In the mandatory speed limit law mentioned above, the federal government used its taxing authority and revenue to force the states to accept mandatory highway speeds…the federal government would deny federal highway funds to states if they refused to comply.

is 'health care reform' constitutional?

is 'health care reform' constitutional?

The constitutionality of health care reform, particularly when it does not include anything about regulating commerce, is truly the elephant in the living room.  While Congress debates about adding jail time and fines if an individual does not buy health insurance, tort reform, the regulation of insurance rates across state lines, access to out-of state insurance…are not addressed in the legislation.

Noting that none of Congress’ enumerated powers support an individual health mandate, said David Rivkin, an attorney who worked in the Justice Department under Presidents Reagan and Bush.  Rivkin further noted:

“This mandate can only be based upon a view that Congress can exercise general police powers, a view profoundly at odds with the Framers’ vision of the federal government as one of limited and enumerated powers,” he said. “If the federal government can mandate an individual insurance purchase mandate, it can also mandate an unlimited array of other mandates and prescriptions, including the mandate to buy health club memberships or even to purchase a given quantity of fruits and vegetables.”

No one I know of doesn’t think there are reforms needed in health insurance access.  But Congress is not doing that, they have another agenda. The bills  before Congress don’t even attack the problem, they attack our wallets, sensibilities, and sense of security!  And in the distraction of that attack, the fundamental violation of the Constitution is ignored.

When confronted with this inconvenient truth, a sitting U.S. Senator just admitted to abuse and ignorance of the Constitution.  Shades of another era, methinks.

Update:  Here is an audio of Nancy Pelosi saying the same thing! (h/t Miri)

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31 Responses to ““Nobody Questions our Authority…””


  1. 1 kenoshamarge October 23, 2009 at 5:16 am

    Just one more example, if we needed one, of the arrogance of elected officials. Leahy believes he has the authority because he says he has the authority. And because he’s one of the many arrogant pols who have “safe” seats. Thanks to a foolish constituency.

  2. 2 Miri October 23, 2009 at 9:12 am

    For the record, I question their authority. I guess that makes me a nobody.

  3. 5 alforhill50 October 23, 2009 at 9:41 am

    It would seem these folks need a reality check. They act as though they are infallible and will live forever. Well, IMO, there is a GOD that these people will answer to if not to We The People, there is a Higher Authority they will answer to some day. Ted Kennedy has gone to meet his. I don’t know how they sleep at night. Do they?

  4. 6 No-nonsense-nancy October 23, 2009 at 11:25 am

    We have to get to them before God does! I’m hoping the Continental Congress 2009 can knock them down a few pegs. And just what do speed limits have to do with health care? I think we all agree that we need speed limits on our highways for safety no matter if it’s the federal or state governments who set them but it’s definitely unconstitutional for the government to mandate health insurance. They go back and forth from communism to fascism several times a day!

    Congradulations, Dr. Kate, on being a delegate from the great state of Wyoming!

    • 8 Quantum Leap October 23, 2009 at 2:04 pm

      Man, Pam’s on a roll lately. I hope someone saves it before it gets scrubbed.
      And Leahy? He was one of the first to back this obamao. What is wrong with these people?
      Wait until the sh*t hits the fan over people not being able to afford to get insurance. Many people can’t afford it now much less with a government mandate. What are these rich b*astards thinking? I suspect they raided the til and are trying to cover their tracks with installing commie/marxism/fascism.
      Clearly if people can’t buy a health policy now they will not be able to do so with a government mandate. Out of touch much or just pretenders? Pretending they are doing this for the people when in reality they are all out for themselves and their desire to have utter control with usurping the constitution. They have their heads in a bubble because when they find out what Americans are really like they will be swallowing their own fear. They really do think Americans are soft and stupid. That was apparent during the primaries. Boy are they in for a surprise.

  5. 9 susan h October 23, 2009 at 12:54 pm

    Good news coming from some of the press corps, who is showing solidarity with Fox News as they are being beaten up by the White House. I think many of the journalists, newscasters, etc. realize that “this time it is Fox News, next time it is me…”

    http://www.noquarterusa.net/blog/2009/10/23/jake-tapper-and-the-press-pool-stand-together/

    • 10 drkate October 23, 2009 at 1:58 pm

      Great find susan h… and, sorry, I don’t know why your comment ended up in moderation😳 wordpress some times is just like blog talk radio!

  6. 12 Miri October 23, 2009 at 1:14 pm

    drkate, gatewaypundit found that CNS news got Pelosi on tape basically saying the same thing:

    http://gatewaypundit.firstthings.com/2009/10/asked-about-where-the-constitution-forces-americans-to-buy-health-insurance-speaker-pelosi-responds-are-you-serious-video/

    “Are you serious?” she says.

    Why, Ms. Pelosi, yes we are. You have NO such power under the Constitution. Time for you to go back and review that document that YOU swore to uphold.

    btw, Judge Andrew Napolitano says that similarly, they have no Constitutional power to decrease the salaries of execs at those banks, either. He says if they appeal to the courts, they will win. (Perhaps. We the People aren’t having much luck with getting the courts to enforce the Constitution’s eligibility requirements, are we?)

  7. 14 Miri October 23, 2009 at 1:16 pm

    Does anybody think that the “brain drain” at the banks where salaries have been cut is a planned thing? Wanna guess who will replace these big shots? How long, after the minions are in place, will it take before the salaries go through the roof again? When Friends of Barack have all the prime jobs. That’s when.

    • 15 drkate October 23, 2009 at 2:07 pm

      Yes, I do think thats the plan. He intends to replace them with marxists and sharia law financing people.

  8. 16 Guesswhat October 23, 2009 at 2:00 pm

    Congress knows it’s not constitutional to
    “mandate” healthcare on We The People just
    as all the lawyers do, so why doesn’t some lawyers get together and file a lawsuit against this administration if this Healthcare Reform passes?? You can’t count on any Congressmen since they are either in bed with obama or too afraid to go against Obama and his Chicago thugs. “TYRANNY”!!!
    This administration is allowed to get away with tyranny and going against the U.S. Constitution since Jan. 20, 2009.!! How much
    more of this breaking the law by this administration are we going to take?? This is scary, cause, by the Obama’s third year he
    will have destroyed the Constitution and will do away with “President’s Term In Office” rule and will proclaim himself as President indefinite, just like Zaleye from
    Honduras wanted to do!! Thats why Obama is
    backing Zaleye as Obama is planning to do the same thing!! “DOWN WITH HEALTHCARE REFORM”.

  9. 17 Guesswhat October 23, 2009 at 2:27 pm

    Good article on same subject, “Peloci and
    authority to mandate”.

    http://www.repubx.com/

    Peloci didn’t know how to answwer or was just
    ignoring the question and when on to the next
    reporter.

  10. 18 JJ October 23, 2009 at 3:27 pm

    so why doesn’t some lawyers get together and file a lawsuit against this administration if this Healthcare Reform passes

    Could it be that when they lance that boil, they aren’t sure how much wicked, infected puss will come out??

  11. 19 Tèo Bear `,:-) October 23, 2009 at 7:54 pm

    When the sound of a well armed citizenry cycling 00 Buck 12 gauge shells in American made pump action shotguns is heard by Congress, then the traitors in office will know well the sound of a free people questioning authority.

    Exercise your 2nd Amendment rights, and stimulate the economy by supporting American weapons manufactures, now!

    I am serious, it is time everyone prepare to take action, because the government is out of control. They no longer feel constrained by the Constitution. Only the thought of Americans prepared to FORCIBLY reclaim their birthright could make those in congress who still exercise a modicum reason take notice that the natives (natural born) or restless.

    • 20 alforhill50 October 23, 2009 at 8:39 pm

      And then Obuzzard would declare martial law and we would have to find out if our military would stand with us We the People or against us. I think that is what his “fierce urgency of now” is about. Pushing us to the breaking point to where we take up arms and he declares martial law and starts killing citizens like his buddy dictators around the world. I am convinced this man who occupies our WH is not playing with a full deck. To go after FOX news because they are attempting to report the news and bring out things that his Czars with shady pasts have said or done. Something about him is just not exactly right.

      • 21 drkate October 23, 2009 at 8:41 pm

        That’s what I am beginning to conclude. At this point, despite his not being an ‘eligible president’ I would favor the use of the 25th amendment to get him out of there–he is disabled mentally and socially, his ego policies are out of control.

      • 22 Tèo Bear `,:-) October 24, 2009 at 4:21 pm

        I am in no way advocating taking up arms, unless a government usurping authority extra-constitutionally and seeks to enslave our people first. The fact is that he is going to declare martial law anyway. What excuse you may ask? Swine flu, a terrorist attack that he invites, or for what ever pathetic reason they don’t need an excuse just like they don’t need authority to impose their will on us.

        The only hope we have is to make it so costly that cooler heads prevail. Preparedness is the only option you have left. We can not always live as we wish, but to the lucky few the choice is theirs as to how they die. Slaves or free.

  12. 23 leeleeg February 12, 2010 at 5:04 pm

    i would like to buy this puppy for sale

    • 24 pisko March 15, 2010 at 8:31 am

      is that a toy or a real dog?if is real what the name of dog.sory for my english

      • 25 drkate March 15, 2010 at 12:01 pm

        Pisko, that is a real dog! I don’t know his name, I just got the picture off the internet. So cute that little dog! 🙂


  1. 1 Twitter Trackbacks for “Nobody Questions our Authority…” « drkatesview [drkatesview.wordpress.com] on Topsy.com Trackback on October 23, 2009 at 10:44 am
  2. 2 Psst…we know its a diversion… « drkatesview Trackback on October 23, 2009 at 8:32 pm
  3. 3 Nancy Pelosi is Obama’s “Al Capone” « drkatesview Trackback on December 2, 2009 at 12:27 pm
  4. 4 The Walls Exposed « drkatesview Trackback on December 4, 2009 at 12:10 am
  5. 5 Health Care and the Constitution « drkatesview Trackback on January 26, 2010 at 12:03 am
  6. 6 Exposing the Sixteenth Amendment « drkatesview Trackback on September 8, 2011 at 10:36 am
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