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Mary Landrieu refuses to state where the constitution authorizes healthcare mandates

December 11, 2009

  When Senator Mary Landrieu was asked where the constitution gives congress the authority to mandate healthcare coverage this was what she had to say:

Well, we’re very lucky as members of the Senate to have constitutional lawyers on our staff, so I’ll let them answer that.

  In other words, she has no idea where the authority comes from, and there is good reason why she doesn’t know the answer to the question. Because the constitution does not give congress this authority. Of course, she should know this and perhaps she does, but is willing to go ahead anyway. Instead of admitting this, she hides behind constitutional lawyers. It seems to me that these lawyers should have been asked beforehand if the mission that the congress is embarked on is constitutional. But the fact is that the members of congress know that most likely the constitutionality of healthcare mandates will never be challenged after it is passed. In fact, that is what they are banking on.

   A recent commenter here, Steve, asked me if I thought that a constitutionality challenge would be forthcoming, and after thinking it through a little more I am doubtful. It seems to me that someone would have stepped up by now, but perhaps they are just waiting to see the final version of the bill before taking action. I just don’t know, but listening to these representatives and senators trying to come up with a justification makes me wonder how this can not be challenged in court.

  Mary Landrieu could not leave her answer at that though as she continued:

But what I will say is that most certainly it is within Congress’ jurisdiction to come up with a way to have a health insurance funded with shared responsibility, is the way I like to, you know — government has a responsibility, individuals have a responsibility and business has a responsibility

  The government has  “jurisdiction to come up with a way to have a health insurance funded with shared responsibility?” I would ask her to point out where the constitution provides for a “shared responsibility” to provide healthcare. Did she just reverse her previous position that it would be up to constitutional lawyers to decide the legallity of a healthcare mandate? It seems so to me.

  Mary Landrieu is also trying to soften the word “mandate” to a kinder, gentler term.

So, while some people, and I occasionally will use the word mandate for or against, but it’s really a shared responsibility, so that the burden of this doesn’t fall too heavily on any one group

  It is not a mandate in her world, it is shared responsibility. This tells me that she knows the mandate is unconstitutional and that she is trying to disassociate herself and congress from this term. There is an old joke in the manufacturing field that workers like to invoke against engineers, when you can’t meet the specs, change the specs. That is what she is trying to do, change the specs.

  These politicians are all grasping at straws to try to justify the unconstitutional mandates they are trying to force upon the American people. We can not stop this legislation, we just have to hope that the courts will do it for us.

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12 Comments leave one →
  1. Dominique's avatar
    December 11, 2009 10:41 pm

    Where in the Constitution does it say we the people have any shared responsibility with the Government? Their answers just get loonier and loonier!

    Like

    • Steve Dennis's avatar
      December 12, 2009 5:59 am

      Exactly! These people are just making stuff up or taking other clauses out of context and hoping that something sticks.

      Like

  2. Matt's avatar
    December 11, 2009 10:55 pm

    I think you nailed it. In their eyes, the Constitution is a hurdle to be overcome. Since they don’t want to be construed as violating the law of the land, they attempt to redefine what they are doing.

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    • Steve Dennis's avatar
      December 12, 2009 6:00 am

      Very true Matt. They don’t want to let that old little paper get in the way of their agenda.

      Like

  3. Ron Russell's avatar
    December 12, 2009 5:35 pm

    politicians certainly have a way with words and even a not to bring Senator like Mary Landrieu can leave you scratching your head. It will take years after such a law is passed before any challenge would make it way to the supreme court, assuming that such a challenge is forth coming. The outcome, of course, would depend on the specifics and the existing makeup of the court at that time. Personally, a feel the bill as written oversteps the limits set down in the Constitution, but then what do I know when even experts disagree. Laws are often deemed constitutional in the context of the time we live in and not what the founders intended.

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  4. Ron Russell's avatar
    December 12, 2009 5:39 pm

    Sorry for the typos above, should have been “even a not so bright Senator”. I’ll have to start reading my comments closer before I publish them, heck an old man is entitled to some mistakes.

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    • Steve Dennis's avatar
      December 12, 2009 9:03 pm

      No problem Ron. I don’t even want to think about what my posts would look like without spell checker.

      Like

  5. MaddMedic's avatar
    maddmedic permalink
    December 12, 2009 9:28 pm

    Senators that know nothing? Amazing!! One wonders how many of our current crop, lousy one it is, in the Senate or Congress have ever read the Constitution or the Bill of Rights?
    They all seem to have forgotten it starts with “We the People!” Not “We the Elected Iditots!”

    Like

    • Steve Dennis's avatar
      December 13, 2009 7:26 am

      I don’t think that the notion of following the constitution ever occurs to them, they don’t ever stop to wonder if a bill is constitutional.

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  6. dukefan's avatar
    dukefan permalink
    December 14, 2009 11:21 am

    I understand and share the opposition to massive health reform (give me incremental steps!) but I do think Congress has the constitutional right under the Powers of Congress to enact the law. Congress is entitled “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers” which includes providing for the General Welfare of the country. Don’t you think that covers it?

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    • Steve Dennis's avatar
      December 14, 2009 10:05 pm

      I gave my opinion on why the general welfare clause does not grant congress the authority to mandate healthcare here

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