Obama's Healthcare Is Unconstitutional- The General Welfare Question?

Thursday, August 27, 2009

Radical liberals have been using the constitution as a tool for pushing their socialized healthcare, saying: "those who believe the Constitution does not include health care reform, I suggest that they re-read the preamble to the Constitution."

They are talking about the general welfare clause, and "nothing is more crucial to the general welfare of American citizens than their health."

The entire general welfare clause of the constitution reads: "...in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty..." This is the preamble to the constitution and describes the entire purpose of that founding document.

Federal actions have been struck down by courts in the past if they fell out of this scope. The 1935 National Industrial Recovery Act and then the 1936 Agricultural Adjustment Act were invalidaded by the supreme court because they used a national tax to hand out crop-reduction payments and thus didn't provide for the welfare of everyone, only farmers.

In various rulings, the Court decided that "agriculture, manufacturing, construction, coal mining, and almost any form of economic activity" were "beyond the realm of Federal regulation."

My, how times have changed!

Obama and the others have argued, "Look at Roosevelt's New Deal! Roosevelt saved the world with his socialist proposals! And all that was for the general welfare!"

Well it was- Roosevelt said that the problems of the great depression "could not be met by merely local action." In Steward Machine Co. v. Davis, the Courts agreed, saying that the unemployment crisis "had become national in area and dimension," it was an issue states COULD NOT POSSIBLY deal with on their own. Furthermore, federal intervention was crucial "if the people were not to starve."

Let's make this clear: All national government action must 1. Benefit everyone, or 2. Solve a national crisis that states couldn't possibly solve, and 3. The crisis must be severe.

My, how times have changed!

I still pay money to the federal government and it goes back out as national food stamps even though this isn't really a crisis anymore. Now Obama wants me to pay for people's healthcare, even though states can deal with that issue just fine, even though it would benifit only a small portion of the population, even though it isn't a national crisis.

It is simply unconstitional for the Democrats to stray out of the scope of general welfare.

James Madison, the founder of the constition, wrote: "To take["general welfare"] in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators..."

"If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may appoint teachers in every State, county and parish and pay them out of their public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may assume the provision of the poor; they may undertake the regulation of all roads other than post-roads; in short, every thing, from the highest object of state legislation down to the most minute object of police, would be thrown under the power of Congress.... Were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited Government established by the people of America."

There is only one more step to go until absolute dictatorship: regulation of religion.

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