Commerce Clause

The liberals who pushed this health care bill through claim they have the power to do so under the "commerce clause" in the Constitution. Strange they should think that, since the commerce clause is quoted as "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

So, how does their bill, which forces all Americans to buy insurance, coincide with the commerce clause? It does not.

1) The commerce clause restricts the government to regulating international and interstate commerce (and Indian Tribes) only - it is very specific on that point. It has no power to regulate intra-state commerce, and has no power to regulate a refusal to engage in commerce.

2) The clause in no way gives the government the power to regulate NON-commerce. If I choose to not buy insurance, there is no commerce. And if I buy insurance from an in-state company, there is no interstate commerce. In either case, the commerce clause does not apply.

3) The clause does not give the government the power to FORCE commerce where commerce is not wanted. But by forcing citizens to buy insurance, they are forcing commerce.

Now, some say that federal law trumps state law. But that is only true in areas where the Constitution has given the government power in the Powers Clause. If the Powers Clause does not provide the power to the government, then the state laws trump federal laws because those federal laws are unconstitutional. In other words, the Constitution trumps federal law.

States may pass health care laws if their state Constitution permits. But the federal government has no authority to do so according to the Constitution.

Others will say the government may, indeed, force free citizens to buy certain products for the good of the nation. But there is nothing in the Powers Clause that permits that.

And then there are those who try the bogus claim that states can madate car insurance, so health insurance can also be mandated. What these folks fail to understand are two important differences: 1) it is the STATES, not the government that mandates car insurance. New Hampshire, for example, does not mandate insurance, and 2) car insurance is not forced on EVERYONE - it is simply a condition of driving a vehicle on public ways. You need not buy car insurance if you do not choose to drive. Driving is a pesonal choice and a privilege, not a right, so states may regulate it. But natural born citizens have a RIGHT to live in America. It is not a privilege. For the government to claim you must buy a product if you want to live here takes away your God-given birthright and turns it into a mere privilege.

The simple fact is, the health care bill violates the Constitution. It does not comply with the commerce clause, nor does it comply with other rights granted to individuals and states.

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