Current Events vs. Founding Documents
This column presents facts regarding the United States Constitution, the Declaration of Independence, Thomas Paine's book Common Sense, the Wisconsin State Constitution, and various other documents in reference to modern topics. Mark hopes to encourage interest in those works so that others can consider whether our government is practicing within its constitutional limits. In the last category, he may indicate his opinion. Mark is a resident of New Berlin and a member of Wisconsin GrandSons of Liberty. Visitors are encouraged to visit the following sites for more information on the United States Constitution and Thomas Jefferson's views on politics and government.
Healthcare bill violates the US Consititution
Entry 18S
Current Event
- As reported by FOXNews.com on December 22, 2009( full article available on line)
Organizations and lawmakers opposed to the health care reform package are getting their legal briefs in a bunch, threatening to challenge the constitutionality of the sweeping overhaul should it make its way to President Obama's desk.
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On the first issue, Sen. John Ensign, R-Nev., on Tuesday renewed the call to examine the constitutionality of whether the federal government can require Americans to purchase a product.
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The Constitution allows Congress to tax, borrow, spend, declare war, raise an army and regulate commerce, among other things. Proponents of the insurance mandate point to the Commerce Clause in arguing that Congress is within its rights to require health insurance and dismiss such potential legal challenges.
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Even though Obama argues that the mandate is similar to laws requiring drivers to obtain auto insurance, opponents cite several key differences. First, the auto insurance mandate is avoidable, since anyone who doesn't want to pay doesn't have to drive. Second, auto insurance is mandated in large part so that drivers carry liability insurance to cover damages to other people and cars -- not themselves. Third, auto insurance regulation occurs at the state level.
When the Congressional Budget Office considered the idea of a health insurance mandate back in 1994 under the Clinton administration, it concluded that the mandate would be "an unprecedented form of federal action." The only congressional mandate close to that was the draft, the CBO concluded.
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"It is clear by the wording of the legislation itself that not every state would face a similar and equal burden," they wrote. "We see this as a violation of equal protection of the law, an affront to our sovereignty, and a breach of the U.S. Constitution."
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The 10th Amendment declares that powers not delegated to the United States by the Constitution are "reserved" for the states or "the people."
Still another challenge is coming from Sen. Jim DeMint, R-S.C., who on the Senate floor raised concerns about a section in the health care bill that appears to say that the Senate cannot make changes to it in the future.
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"We will be passing a new law and at the same time creating a Senate rule that makes it out of order to amend or even repeal the law," DeMint said. "I'm not even sure that it's constitutional."
VS
Congressional authority vs. the US Constitution
Founding Document
The Constitution, Article 6
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
The present Congressional oath is:
"I, (name of Member), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."
We the People:
Senator Feingold recently said he leaves constitutional considerations decision to the Supreme Court. How does that reinforce the balance of power between the three branches of government? It doesn’t. Is he violating his oath when he votes for a bill with so many apparent violations?
I recently asked Representative Sensenbrenner to hold a press conference on the constitutional violations of this bill. He replied that doing so would make him a target of the press. This week is crucial. Now is the time to call your US Representative (Jim Sensenbrenner’s number is 262-784-1111) and to let them know that despite the press, you support drawing attention to unconstitutional provisions of this bill.
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