Disregarding the Constitution 93

One of our readers, bill, points out in a comment on A congress of whores below, that ‘the very act of government involvement in the health care industry is unconstitutional’.

Larry Elder agrees, in an article titled ObamaCare: Freedom on Life Support at Townhall:

What words in the U.S. Constitution allow the federal government to compel every American to purchase health insurance? Where does the Constitution allow the federal government to take money from some Americans and give it to others so that they may purchase health insurance?…

The same people who railed against the Patriot Act, the terror surveillance program and “illegal” torture happily unleash the power of the federal government to redistribute wealth for ObamaCare … Never mind the absence of authority in the Constitution.

The left tells us that “health care is a right, not a privilege.” Surely the Constitution says so. No, it does not. Article I, Section 8 details the limited power, duties and responsibilities of the federal government. Extracting money from your paycheck and giving it back to you when you retire — Social Security? Not there. Taxing workers to pay for the health care of seniors — Medicare? Not there. Mandating that employers pay workers a minimum wage? Not there.

This is not hypothetical. During the Great Depression, the Supreme Court struck down much of President Franklin D. Roosevelt’s New Deal on constitutional grounds. No, said the Court, the federal government cannot use the Constitution’s commerce clause to regulate virtually all economic activity. No, said the Court, the federal government cannot use the welfare clause to redistribute wealth, whether or not it accomplishes a socially or economically desirable objective.

The Court asserted that the Constitution meant what it said and said what it meant. …