Ben Nelson on healthcare mandates: Congress gets the constitutional authority in the “same place” that gives states the right to mandate car insurance

  Senator Ben Nelson– Democrat from Nebraska, and the man whose vote for healthcare reform was secured after his state received a nice little kickback— was asked: “where in the Constitution do you think that Congress gets the authority to create an individual mandate?” Just like everyone else who was asked this question, he struggled to come with an acceptable answer.

  He responded, “probably the same place that states have the authority to require, mandate if you will, compulsory auto insu–liability insurance.”  This could be one of the most constitutionally ignorant answers yet, although it is hard to top Senator Burris, who made up the “general health” clause to defend the constitutionality of the issue at hand.

   Senator Nelson apparently does not know the difference between state and federal laws, he  should probably look it up because that “place” he vaguely mentions does not exist in the constitution.

   Article 1 Section 8 of the constitution– where the infamous “general welfare” clause resides– lays out the specific enumerated powers of congress, they are as follows:

To borrow money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

To 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

  I didn’t see anything in that list that said congress or the president could force the American people to buy any goods or services. That means the constitutional authority does not exist and the 10th amendment states the following:  The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

  So you see Senator Nelson, if a power is not granted to the federal government than the power belongs to the states. That is the case with the flawed argument that you and others have made about automobile insurance. While states can mandate automobile insurance, the federal government cannot. And while the individual states can mandate healthcare coverage– as does the people’s Republic of Massachusetts– the federal government cannot.

  This should be a simple concept for our elected officials to understand, but sadly they either do not understand, or they do not care, what their authority is and who gives it to them– WE THE PEOPLE! 

  We have reached a point in this country where not only do our elected officials not care about what the constitution says they can and cannot do, many of them don’t even understand the document that they are supposed to uphold.

  Senator Nelson is not alone in his ignorance, for he is not the first to confuse state laws with federal laws; Mark Warner of Virginia claimed that mandating healthcare insurance was the same as states requiring people to have driver’s licenses. Others have also used the car insurance argument to make their case, including the president.

   The people who are supposed to protect and defend the constitution are destroying and perverting it. It is time to take our country back.