Obamacare Is Not Constitutional

In past articles I’ve asked “how is forcing a person to purchase health insurance constitutional?” I’m hardly unique in asking this question. When House Majority Leader Steny Hoyer was asked where in the Constitution Congress was granted the power to mandate that a person must buy a health insurance he replied, “Well, in promoting the general welfare the Constitution obviously gives broad authority to Congress to effect that end. The end that we’re trying to effect is to make health care affordable, so I think clearly this is within our constitutional responsibility.”

I’ve heard others say very similar things. Let’s take a look at Article 1, Section 8 of the US constitution which defines the powers of congress, and where the “general welfare” clause comes from. It starts:

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;

This is followed by the 17 enumerated powers which congress has, none of which include forcing people to purchase anything, nor providing charity. Go read the famous congressional letter/story by Col. Davey Crocket for details.

The Tenth Amendment 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 supersedes Article I, Section 8, because it was ratified after the main body of the constitution was ratified. But more importantly look at the wording of both. Notice that first line of Article I, Section 8 DOES NOT say that Congress shall have the power to… provide for the… general welfare of the People. As noted throughout the entire constitution the United States, the States, and the People are all separate entities. Every time the phrase “United States” is used in the Constitution, it denotes the federal (or central) government.

Congress does not have the power to create a law that requires citizens to purchase a specific product or service. None of its specific powers can be construed to granting it that power. In fact that power is specifically reserved to the States and the People. If congress manages to cheat its way to presenting Obama with a health care bill that requires all people to purchase health care insurance, that law will be declared unconstitutional. 37 states now have either laws or proposals for laws which affirm the right of the people not to have to purchase health care insurance (that’s enough to change the constitution).

Larry Elder summed up the situation brilliantly saying, “Assisting the needy in health care is a "moral imperative" — not a constitutional right. The two are as different as a squirt gun and an Uzi.” His entire article ”Health Care — If Government Doesn't Do It, Who Will?” is worth your time to read.