Can they do that?

The Federal government is again trying to force fascist controls on “We the People”. I’m beginning to wonder if Obama, any of his Administration, or any current members of the legislature have actually read the document that the they have sworn to uphold and defend.

How can congress pass legislation governing health care, it is not one of the powers that they have? Look at Article I, Section 8, which specifically lists the following powers granted to Congress:

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of traiing the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof

James Madison, the "Father of the Constitution," sought to address concerns of critics who warned that the "general welfare" clause opened the door to unlimited abuse, because there was a real concern by people who were opposed to the Constitution that the general welfare clause would give this unlimited power to the federal government to do whatever it claimed would 'support the general welfare.'

Madison argued in The Federalist No. 41, that "general welfare" in Clause 1 does not give the federal government unlimited power, rendering each of the following clauses redundant. He rhetorically asked, "For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power?" . . . "Nothing is more natural nor more common than first to use a general phrase, and then to explain and qualify it by a recital of particulars."

Now because of this and other worries our constitution was only ratified based on the ratification of the Bill of Rights, our first 10 amendments, which place further limits on the government and specifically the forgotten 10th ammendment which states:

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.

This amendment correctly clarifies that the "general welfare" clause does not give congress the authority to pass laws not specifically granted to it by the constitution. The federal government has overstepped its constitutional authority. Many states are currently passing or have in the works legislation to prohibit the federal government from various acts. Montana, Tenn, and other states have passed laws prohibiting the federal government from regulating the manufacture, sale, and tracking of firearms made within their borders, sold within their borders, to residents of their respective states.

Go read Florida HJR 37. This proposed Florida Constitution Amendment will make parts of the current health care bills in congress and the senate void in the state of Florida. Which states that no person can be compelled to participate in any health care system, nor can direct payment of health care services by individuals or their employeers be made illegal. This will severly limit major provisions in all the current versions of federal health care.

Remember "Real ID", well laws passed by various states made it unenforceable and void in those states, and had to be repealed by the feds because if the states sued on constitutional grounds they knew they would lose and it would set a bad precedence.

The States and the people have the power to restrain the feds, but only if they say and so something. As I wrote before in The Sleeping Giant the feds have pushed too far and the people have been awakened. Hopefully it's not too late.