Comments on: Ben Nelson on healthcare mandates: Congress gets the constitutional authority in the “same place” that gives states the right to mandate car insurance http://americaswatchtower.com/2009/12/26/ben-nelson-on-healthcare-mandates-congress-gets-the-constitutional-authority-in-the-same-place-that-gives-states-the-right-to-mandate-car-insurance/ I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power, than by violent and sudden usurpations- James Madison Sun, 03 Jun 2012 23:36:50 +0000 hourly 1 http://wordpress.com/ By: Mr Pink Eyes http://americaswatchtower.com/2009/12/26/ben-nelson-on-healthcare-mandates-congress-gets-the-constitutional-authority-in-the-same-place-that-gives-states-the-right-to-mandate-car-insurance/#comment-32038 Sun, 27 Dec 2009 03:03:09 +0000 http://americaswatchtower.com/?p=11657#comment-32038 If memory serves me correctly that would have been the Nullification Act introduced in South Carolina, am I correct?

]]> By: Mr Pink Eyes http://americaswatchtower.com/2009/12/26/ben-nelson-on-healthcare-mandates-congress-gets-the-constitutional-authority-in-the-same-place-that-gives-states-the-right-to-mandate-car-insurance/#comment-32036 Sun, 27 Dec 2009 02:59:34 +0000 http://americaswatchtower.com/?p=11657#comment-32036 My state, New Hampshire, had a bill introduced that would have asserted out 10th amendment rights but it was voted down. Perhaps after November we will be able to try again.

]]> By: Mr Pink Eyes http://americaswatchtower.com/2009/12/26/ben-nelson-on-healthcare-mandates-congress-gets-the-constitutional-authority-in-the-same-place-that-gives-states-the-right-to-mandate-car-insurance/#comment-32035 Sun, 27 Dec 2009 02:43:06 +0000 http://americaswatchtower.com/?p=11657#comment-32035 Thanks for stopping by DA, I know what the commerce clause is and I addressed how it pertains to this issue here.
You talk about the “nefarious” issues such as civil rights and sex offenders but you should research some of the ways that this clause has been abused. It is probably the most abused clause in the constitution.

]]> By: TexasFred http://americaswatchtower.com/2009/12/26/ben-nelson-on-healthcare-mandates-congress-gets-the-constitutional-authority-in-the-same-place-that-gives-states-the-right-to-mandate-car-insurance/#comment-32034 Sun, 27 Dec 2009 01:16:29 +0000 http://americaswatchtower.com/?p=11657#comment-32034 Ben Nelson is even more stupid than he looks…

]]> By: Kent Pitman http://americaswatchtower.com/2009/12/26/ben-nelson-on-healthcare-mandates-congress-gets-the-constitutional-authority-in-the-same-place-that-gives-states-the-right-to-mandate-car-insurance/#comment-32032 Sun, 27 Dec 2009 00:50:17 +0000 http://americaswatchtower.com/?p=11657#comment-32032 It has always been explained to me that in the case of driving, it’s a privilege that we only allow at all in exchange for certain safety assurances. It is not everyone’s right to drive. Requiring coverage is necessary because driving might forseeably lead to accidents that injure not just the motorist but others, and so one needs to make sure they are able to take on the responsibility. Medical insurance is not like this because it is not contingent on a privilege. It is more aptly modeled as a tax, the precise value of which is being outsourced to an agency not within control of the voters. This seems to me a violation of due process. Note, by the way, that universal health insurance would not be of similar kind. If the government were the insurance agency, its actions would remain within control of the voters (indirectly through the Congress) and so that would seem legal, as are the other expenditures of the US government like Medicare and Social Security and funding of wars and so on.

]]> By: Ron Russell http://americaswatchtower.com/2009/12/26/ben-nelson-on-healthcare-mandates-congress-gets-the-constitutional-authority-in-the-same-place-that-gives-states-the-right-to-mandate-car-insurance/#comment-32031 Sat, 26 Dec 2009 22:57:06 +0000 http://americaswatchtower.com/?p=11657#comment-32031 You are right Congress does not have this power under the Constitution, but the central government does have on thing to enforce its laws that the states do not—the military! And they have shown little reluctance over the years to use it. Nullification was advanced many years ago by the famed southern stateman, John C. Calhoun and the issue was eventually settled, not by law but by force of arms.

]]> By: Dirty Atheist http://americaswatchtower.com/2009/12/26/ben-nelson-on-healthcare-mandates-congress-gets-the-constitutional-authority-in-the-same-place-that-gives-states-the-right-to-mandate-car-insurance/#comment-32028 Sat, 26 Dec 2009 21:03:16 +0000 http://americaswatchtower.com/?p=11657#comment-32028 Dear Mr. Pink Eyes,
Dirty Atheist here. I’m no Con Law scholar, but I think your answer lies in the second sentence of your long block quote from the Constitution: “To regulate Commerce…among the several States…” This little bit of the law of the land is also known as the interstate commerce clause. It has been used since 1824 to nefariously foist several “burdens” on the backs of the American people, including but not limited to civil rights and sex offender registration. Under your interpretation of the Constitution we would have neither of those things. You might notice that there is no mention of the United States Air Force in the Constitution either. But lo and behold, we have one! “How could this be?” you ask. Article 1, Section 8 of the Constitution also gives Congress the power “…make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” Would you really rather have a US armed forces minus the air force?

If this is the focus of your nifty little blog you should probably read a book or two to bone up on the Constitution and what it actually says. Or, at the very least, read a wikipedia article: http://en.wikipedia.org/wiki/Commerce_Clause#New_Deal or a scholarly article explaining exactly what your post is about: http://www.law.georgetown.edu/oneillinstitute/projects/reform/Papers/Individual_Mandates.pdf
I swear it will only take a few minutes and will vastly improve your understanding of the way that our nation is governed.

Best wishes,
Dirty Atheist

]]> By: Matt http://americaswatchtower.com/2009/12/26/ben-nelson-on-healthcare-mandates-congress-gets-the-constitutional-authority-in-the-same-place-that-gives-states-the-right-to-mandate-car-insurance/#comment-32027 Sat, 26 Dec 2009 20:56:17 +0000 http://americaswatchtower.com/?p=11657#comment-32027 There are states already preparing to assert their 10th Amendment rights. They will be nullifying this law in their states. It’ll be an interesting Constitutional standoff.

]]> By: Deb http://americaswatchtower.com/2009/12/26/ben-nelson-on-healthcare-mandates-congress-gets-the-constitutional-authority-in-the-same-place-that-gives-states-the-right-to-mandate-car-insurance/#comment-32024 Sat, 26 Dec 2009 15:13:30 +0000 http://americaswatchtower.com/?p=11657#comment-32024 “Probably”??!!!??? I think it is here, or there, or wherever. And my personal fave, “Are you serious?” Why exactly is it that the Congress of the United States is allowed to get away with answering questions about the Constitution in this manner? Some things just simply cannot be made up as you go along. Should not America be one of those things? Hey, ya know, whatever’s the most convenient for you, Nan & Harry. Don’t worry about us…. THey remind me of atheists. Just refuse to believe in God b/c it is inconvenient for them. Well, to both groups I ask, do you really want to take your chances? Really?

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