IS FEDERAL MANDATED HEALTH CARE CONSTITUTIONAL

Judge Andrew Napolitano recently had an interesting conversation with James Clyburn D-SC the third ranking member of the House of Representatives of the US.

Judge Andrew Napolitano pops the question: “Where in the Constitution is the federal government charged with maintaining people’s health ?”

Clyburn’s answer: “There’s nothing in the Constitution that says the federal government has anything to do with most of the stuff we do. ”

The Judge charges back a bit later: “You took an oath to uphold the Constitution. You can’t go outside the Constitution because you think it is a good thing to do without violating that oath! ”

Clyburn replies: “How about show me where in the Constitution it prohibits the federal government from doing this?”

The Judge then, of course, cites the 10th Amendment.

                                        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.

This is the very  same Congressman James Clyburn who led the charge against his coleague Joe Wilson on the House floor proposing a formal House Rebuke of Wilson for his outburst against President Obama. I believe The President of The United States must be respected.

I personally would like to see the Constitution of The United States observed and respected at least as much (or more) than the President of The United States..

The argument about automitive insurance is often cited in the discussion on Federally mandated insurance. There is a logical falicy in using analogy to prove a point. Analogy may logically be used to illustrate a point but not to prove a point.

Automotive insurance mandates as they exist are STATE mandated by each of the individual states. The legality of each such mandate would depend on The Constitution of that state. So each person concerned about the legality of such a mandate should check their State Constitution.

 I found an interesting article about the Supreme Court's decision on the Constitutionality of the Social Security Act.

http://www.lewrockwell.com/orig3/attarian7.html