Health Care and the Constitution

©2010 drkate

Two interesting items presented below highlight the crucial debate in health care reform that Obama does not want us to see:  it’s stunning lack of constitutionality.  No person in support of Obamacare can defend it.  And when they do defend it, they betray their disrespect for the laws of our nation.

First, here is Judge Napolitano debating Representative James Clyburn:

This tape seriously makes me wonder what is wrong with James Clyburn.

Next, in a stunning analysis of a Los Angeles Times editorial on health care printed in the 10th Amendment Center website, author Rob Natelson asserts that:

the claim that the Founding Fathers would have thought the Constitution allows Congress to impose health care mandates is little short of absurd.

The LA Times editorial had concluded that health care mandates were constitutional.  Natelson continues:

What really floored me was seeing that this claim was advanced by Akhil Reed Amar, a constitutional scholar I very much admire. Apparently, Professor Amar has been seriously misreading the historical record.

I know that record well: Researching and writing about it has taken much of my professional time for many years. Here are some of Professor Amar’s points, and my rejoinders:

Amar: “It’s true that the Constitution grants Congress authority to legislate only in the areas enumerated in the document itself. Other matters are left to the states under the 10th Amendment. But if enumerated power does exist, the 10th Amendment objection disappears.”

Natelson: The Tenth Amendment (and even more so the Ninth) was adopted to signal that no enumerated power should be stretched too much. Otherwise, federalism would be subverted. An important legal rule in the Founding Era (as today) is that documents should be construed to avoid a situation in which much of the language becomes useless surplusage. Stretching any enumerated power too far would render useless both the other enumerated powers and the Ninth and Tenth Amendments.


Amar: “Under the interstate commerce clause of Article I, activities whose effects are confined within a given state are to be regulated by that state government, or simply left unregulated. But the federal government is specifically empowered to address matters that have significant spillover effects across state lines or international borders.”

The whole article can be read here.

What is very interesting to me here is to see the entire charade of diversions and distractions–the length of the bill, the onerous provisions, the backroom and blatant deals, plus international distractions–all of this to hide the simple unconstitutionality of the Obama brand of health care reform.

Your thoughts?

5 Responses to “Health Care and the Constitution”

  1. 1 No-nonsense-nancy January 26, 2010 at 6:31 am

    The beauty of our constitution is that it is relevant for all times, not just in the 18th and 19th centuries. These “lawmakers” who say that the constitution is a living document to be changed to suit their whims and desires are wrong. it is not a living document. It stays the same and they should govern according to what it stipulates. Of course, we all know that that is how our country has gone so haywire.

    Dr. Kate, how is it coming with the Articlels of Freedom? Is it soon going to be presented to the WH, Congress, etc?

    • 2 drkate January 26, 2010 at 9:47 am

      Hi Nancy,

      thanks for your comments.

      The CC2009 is voting on the ratification of the final AoF this coming Sunday. After all that is done, its off to the races! WE will then have the chance to organize the delivery of the Articles to all who need them.

      We hopefully will have the AoF featured at the next “912” march, which is August 28 in DC.

      Can’t wait! Its been a long time finalizing the Articles!

  2. 3 Katie January 26, 2010 at 11:23 am

    Gary Fielder is standing for his right to privacy. This video highlights how much we’ve willingly given away in the name of “safety”.

  3. 4 No-nonsense-nancy January 27, 2010 at 8:17 am

    Katie, thanks for the video. It is amazing how much they think we Americans should go through. Wasn’t it Ben Franklin who said he who gives up liberty for a little security deserves neither liberty nor security?

  1. 1 Tweets that mention Health Care and the Constitution « drkatesview -- Trackback on February 1, 2010 at 10:38 am
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