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Old 06-07-2009, 05:03 PM
 
Location: Boise, ID
1,356 posts, read 6,026,080 times
Reputation: 944

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I understand the argument that Congress has the authority to create a national health insurance system under the "general Welfare" clause. I'm not saying I agree with it or even that they really do have the authority, but I understand that there is a legitimate debate.

However, when I read that Senator Kennedy wants to mandate that all businesses offer health insurance to their employees, I have to ask: Where in the Constitution is Congress authorized to do that? Another approach would be to require all citizens to have coverage. Again, where is Congress authorized to do that?
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Old 06-07-2009, 05:07 PM
 
Location: Pinal County, Arizona
25,100 posts, read 39,254,467 times
Reputation: 4937
There is no Constitutional Authority for the Congress to pass, nor implement, Senator Kennedy's proposal.
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Old 06-07-2009, 05:08 PM
 
19,226 posts, read 15,318,165 times
Reputation: 2337
Quote:
Originally Posted by Niners fan View Post
I understand the argument that Congress has the authority to create a national health insurance system under the "general Welfare" clause. I'm not saying I agree with it or even that they really do have the authority, but I understand that there is a legitimate debate.

However, when I read that Senator Kennedy wants to mandate that all businesses offer health insurance to their employees, I have to ask: Where in the Constitution is Congress authorized to do that? Another approach would be to require all citizens to have coverage. Again, where is Congress authorized to do that?
It is probably a National Security issue now.

The Constitution has been subjugated by the Patriot Act.

You ARE a pat-riot aren't you?
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Old 06-07-2009, 05:10 PM
 
Location: Raleigh, NC
9,059 posts, read 12,969,306 times
Reputation: 1401
Quote:
Originally Posted by Greatday View Post
There is no Constitutional Authority for the Congress to pass, nor implement, Senator Kennedy's proposal.
There's no constitutional authority for instituting a Federal Reserve, nationalization corporations, etc.

But here we are.
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Old 06-07-2009, 05:12 PM
 
Location: Pinal County, Arizona
25,100 posts, read 39,254,467 times
Reputation: 4937
Quote:
Originally Posted by ViewFromThePeak View Post
There's no constitutional authority for instituting a Federal Reserve, nationalization corporations, etc.

But here we are.
Agreed. Here we are.

And, the battle lines have been drawn in the sand.

And, IMO, it is likely to get VERY ugly. I hope that I will be proven wrong. I really do.
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Old 06-07-2009, 05:18 PM
 
Location: El Paso, TX
3,493 posts, read 4,551,910 times
Reputation: 3026
Quote:
Originally Posted by Niners fan View Post
I understand the argument that Congress has the authority to create a national health insurance system under the "general Welfare" clause. I'm not saying I agree with it or even that they really do have the authority, but I understand that there is a legitimate debate.

However, when I read that Senator Kennedy wants to mandate that all businesses offer health insurance to their employees, I have to ask: Where in the Constitution is Congress authorized to do that? Another approach would be to require all citizens to have coverage. Again, where is Congress authorized to do that?
There are many programs and laws that the Constitution does not specifically says. However, Congress can enact many other laws if they want to. They can even ammend the Constitution if they want to.

The Constitution does enumerate what areas the Federal Government is responsible for and those not listed the states decide.

I do not agree with a national health care program but I do think Congress can enact one and not be illegal.
If they enact such law it may be challenged and go all the way to the Supreme Court if the President signs it. If the Supreme Court turns it down, Congress can still have the ammendment route if necessary.

Congress is the one branch of government with more power of the three.

If you look at it closely, the President can veto an act from Congress but Congress can turn around and ammend the Constitution, a long process granted but the provision is there.

The Supreme Court can turn down a Congress decision but Congress can ammend the Constitution get what they want.

The President and Congress cannot stop Congress in the end, Congress on the other hand can do that if they really want to.

You have a great day.
El Amigo
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Old 06-07-2009, 05:18 PM
 
Location: Marietta, GA
7,887 posts, read 17,189,759 times
Reputation: 3706
Quote:
Originally Posted by ViewFromThePeak View Post
There's no constitutional authority for instituting a Federal Reserve(
Article I, Section 8
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Old 06-07-2009, 05:29 PM
 
Location: The Woods
18,356 posts, read 26,489,954 times
Reputation: 11350
Quote:
Originally Posted by neil0311 View Post
Article I, Section 8
Nope.
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Old 06-07-2009, 05:30 PM
 
Location: Pinal County, Arizona
25,100 posts, read 39,254,467 times
Reputation: 4937
Quote:
Originally Posted by elamigo View Post
They can even ammend the Constitution if they want to.
Ah, no, they, the Congress, cannot amend the Constitution if they want to. Only the States can do that.

The Congress can proffer an Amendment to the Constitution - but, that Amendment has no impact unless at least 3/4 of the states ratify that amendment.

High School Constitutional Law 101
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Old 06-07-2009, 05:32 PM
 
Location: Pinal County, Arizona
25,100 posts, read 39,254,467 times
Reputation: 4937
Quote:
Originally Posted by neil0311 View Post
Article I, Section 8
Nope.
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