Posts Tagged ‘general welfare clause’

Ken Blackwell and  Ken Klukowski

Obamacare: The President’s Wooden-headed Interpretation of Our Constitution

by Ken Blackwell and Ken Klukowski

Sometimes you hate being right.

doctor-obama-300x276

In chapter 4 of our book, The Blueprint: Obama’s Plan to Subvert the Constitution and Build an Imperial Presidency, we make the point that Team Obama would try to pull a fast one when it comes to Obamacare’s individual mandate that everyone reading this blog post needs to buy health insurance, or be subject to a penalty payable to your good friends at the IRS.

We first made this argument in a column we coauthored with Senator Orrin Hatch in the Wall Street Journal back in January. Now this issue has suddenly exploded back into the news.

For months, Team Obama has been saying that the individual mandate is authorized by Congress’ power to regulate interstate commerce found in the Commerce Clause. We explain in the book why that argument is a loser in court, and that the White House would have to pull a bait-and-switch and suddenly argue that the mandate is a tax (violating Obama’s promise not to raise taxes on anyone making less than $250K per year).

Looks like we were right. In their first filing against the multi-state lawsuit challenging Obamacare, Team Obama is now arguing that the individual mandate is… a tax.

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Carl P. Paladino

ObamaCare, 9/11 and Me

by Carl P. Paladino

The Hysteria of the political establishment and the media that covers it is incredible. I’m not a politician and I don’t talk like one .On March 23rd ,I went on the Curtis Sliwa Show on 970AM the Apple in New York City to discuss my opposition to Obamacare.

Source: Cato Institute

Source: CATO Institute

Here is what I actually said:

“This day, the day that that bill was passed, will be remembered just as 9/11 was remembered from history. It was an attempt by these people in Washington to defy the Constitution it is clearly in conflict with all of the basic precepts of the constitution.”

Within minutes liberals were insisting that  this madman from Buffalo had compared the passage of Obamacare with the tradgedy of 9/11. Why would reporters willfully misrepresent what I said and political hatchetmen like Congressman Jerrold Nadler attack me when I made no such comparison? Why would they smear me?

Any fair-minded person could see that I merely said both days would be widely remembered like JFK’s murder or the Space Shuttle Crash or the1929 stockmarket crash. Why would the pundits and commentators twist my words and seek to make me out an insensitive rube from upstate?

The political class in Albany and New York City know the taxpayers are finally fed up and a reform revolution that returns power to the people is rising. They want to discredit me before voters get a chance to learn my  common sense platform or my record of always doing what I say I’m going to do in business and civic life.

Congressman Nadler dismissed my criticism of the constitutionality of the Health Care Bill passed by Congress noting that he is the chairman of the House Judiciary Committee. That does not make him the final authority on this flawed law.

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Publius

Federalist No. 41: General Views of Powers Conferred By the Constitution

by Publius

To the People of the State of New York:

james_madison

THE Constitution proposed by the convention may be considered under two general points of view. The FIRST relates to the sum or quantity of power which it vests in the government, including the restraints imposed on the States. The SECOND, to the particular structure of the government, and the distribution of this power among its several branches.

Under the FIRST view of the subject, two important questions arise: 1. Whether any part of the powers transferred to the general government be unnecessary or improper? 2. Whether the entire mass of them be dangerous to the portion of jurisdiction left in the several States?

Is the aggregate power of the general government greater than ought to have been vested in it? This is the FIRST question.

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Dr. Paul Moreno

The Education of Congressman Hoyer

by Dr. Paul Moreno

Congress is moving closer to enacting a law requiring all Americans to purchase health insurance. House Majority Leader Steny Hoyer says that this is “like paying taxes.”

stenyhoyer

He’s right about that. But Hoyer made this statement as part of an effort to justify the health-care mandate on constitutional grounds. Here he indicates that he doesn’t understand the Constitution that he took an oath to support.

When asked what power the Constitution gives to Congress to enact this legislation, Hoyer claimed that it came from the Constitution’s “general welfare” clause.

Article One, section eight says that Congress can “lay and collect taxes… to pay the debts and provide for the common defense and general welfare of the United States.”

But what defines the “general welfare”?

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