Monday, February 22, 2010

Constitutionality of Healthcare Reform

Constitution of the United States, Bill of Rights, Article X- 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.

The language of the Tenth Amendment seems pretty clear to me. The powers not granted to the Federal Government IN THE CONSTITUION are reserved to the States or to the People.

Now where in the Constitution does it grant the Federal Government the authority to regulate Health Care?

Yes, Congress has the authority to encourage the sciences- but ONLY by creating the patent system. This is directly spelled out within the Constitution. (Article 1- Section 8)

Yes, Congress has the authority to regulate interstate commerce (Article 1 Section 8)- but healthcare is NOT interstate commerce. With the exception of Tele-medicine which is NOT the methodology used by most people to see a doctor, the patient and the doctor are in the same location and that location resides within an individual state.

So the question remains, where do the Obama administration and the democrats in Congress get the authority to regulate Health Care?

Bottom line- I don't think they have the authority, and I personally believe there will be legal action taken to question the Constitutionality of any Health Care Reform legislation- especially the newly proposed Federal Commission to regulate insurance premiums- That is what the States have Insurance Commissioners' for!

Barack Hussein Obama is supposedly a Professor of Constitutional Law. Perhaps he just views the Constitution as something that is a guideline or a document to ignore when he feels like it- that is certainly what his proposal seems to indicate.


Post a Comment

All comments are welcome- However, Anonymous Comments might be subject to deletion.