Vail Daily letter: What the Constitution says | VailDaily.com
YOUR AD HERE »

Vail Daily letter: What the Constitution says

Vail Daily
Vail, CO Colorado

The federal government is con-stricted to the exercise of certain enu-merated powers under Article I, Sec-tion 8 of the Constitution of the Unit-ed States; ergo, those legislative pow-ers not expressly delegated to Con-gress are reserved to the states or to the people.

I, being a reasonable man, have reviewed this constitutional inden-ture and have yet to find any provision that would authorize Congress to enact a law that would require every woman or man to acquire and pay for “universal health care.”

By a stretch of rationale and linguis-tics, the closest I can arrive at such authority would be under what we commonly refer to as the “general welfare” and “commerce” clauses of the USC, to wit: ” The Congress shall have power to lay and collect taxes, duties, imposts and excises to pay the debts and provide for the common defense and general welfare of the United States. … To regulate com-merce with foreign nations and among the several states … ” (Article I, Section 8) – that is it! In reading these passages, one would conclude that the states or the people in concert would have the power to impose upon themselves the authority to leg-islate health care for the citizens of those states or to establish a self-insurance program for the people in general; this is how it is written, and accordingly, this is how it should be.



When we accept the aforesaid con-struction as reasonable, and not inane, we then must look to our respective states or the people to pro-vide mandatory health insurance, if that is what the majority desires in a democratic republic. The USC expressly recognizes this authority under Article IV, Section 4, to wit: ” … The United States shall guarantee to every state in this union a republican (http://www.usconstitution.net/ glossary. html# REPUBLIC) form of government.” The United States can only grant or guarantee what itself possesses, a republican form of gov-ernment – not a socialistic one, not a monarchy or totalitarian one. As must follow the night the day, where the federal government has no constitu-tional authority to act in a certain ven-ue (health care) and actually guaran-tees that authority to others ( the states or the people), it simply must “butt out” of the game.

One must wonder if Congress real-ly has the welfare or commercial interests of the people at heart when it so blatantly ignores its own and delimited authority; or could it be that Congress and its “CEO” quest for a sovereignty of their own – over and above that of the people of the various states. Something to think about come November of 2010.



– Fredric Butler


Support Local Journalism