Senate Judiciary Chairman Unable to Say Where Constitution Authorizes Congress to Order Americans to Buy Health Insurance
Senate Judiciary Chairman Unable to Say Where Constitution Authorizes Congress to Order Americans to Buy Health Insurance
Thursday, October 22, 2009
By Matt Cover, Staff Writer
Sen. Patrick Leahy (D-Vt.), chairman of the Senate Judiciary Committee (Photo courtesy of Leahy’s Web site)
(This story was updated Oct. 22, 2009, at 1:30p.m..)
(CNSNews.com) – Senate Judiciary Chairman Patrick Leahy (D-Vt.) would not say what part of the Constitution grants Congress the power to force every American to buy health insurance--as all of the health care overhaul bills currently do.
Leahy, whose committee is responsible for vetting Supreme Court nominees, was asked by CNSNews.com where in the Constitution Congress is specifically granted the authority to require that every American purchase health insurance. Leahy answered by saying that “nobody questions” Congress’ authority for such an action.
CNSNews.com: "Where, in your opinion, does the Constitution give specific authority for Congress to give an individual mandate for health insurance?"
Sen. Leahy: "We have plenty of authority. Are you saying there is no authority?"
CNSNews.com: "I’m asking--"
Sen. Leahy: "Why would you say there is no authority? I mean, there’s no question there’s authority. Nobody questions that."
Continue:
Call Leahy's office -
In fact, call every rep on the judiciary committee and demand the answer to this question and tell friends and family to call and write!
betty
Interesting letter I came across
Dear Senator:
Recently you were asked to provide evidence pertaining to the authority of Congress to require Americans to obtain health insurance. Is it true that you dismissed the question and intimated that it was improper to ask Congress to explain its authority or its actions. If this is true, I take it as an insult as an American who believes that we have a constitutional republic where Congress has explicit and defined powers when interacting with the de-jure states.
I understand that Congress may exercise plenary power over the District of Columbia, the territories, and those areas of the states which were ceded to the federal government for needful purposes. I understand that plenary power means that Congress may operate as the monarchs of Europe did, with unchecked authority over the personal affairs of those living within the Federal areas listed above. The fact that Congress does not exercise minute control and force those statutory US Citizens and residents living in those areas to perform more acts of commission is commendable. Additionally, the enumeration of Civil Rights for these individuals is also better than despotism.
However, you are well aware that positive law Civil Rights are a pale shadow of true Constitutional Rights which restrict powers and prevent action on the part of governments. Furthermore, you are well aware that Congress does not exercise plenary power over the states, but may exercise only those enumerated powers. In all other aspects of human affairs, Congress has no authority over the citizens of states who are without the Statutory United States.
Please explain to me how Congress is authorized to convert an (non)act of omission of an American, who is outside of the plenary jurisdiction of Congress, into a criminal act. Remember that this authorization must not come from plenary power, but from those enumerated powers. Also remember that a law which is repugnant to the Constitution is no law at all.
Requiring Americans who are outside of the plenary power of Congress to purchase insurance, unless this power is explicitly authorized by the constitution, would otherwise infringe on the Constitutionally protected negative rights of those Americans at minimum in the following ways:
It would violate the First amendment by forcing Americans to associate with insurance companies and the federal government for the purposes of obtaining compliance with the proposed law.
Enforcing compliance would require that Americans submit evidence of a personal nature (medical information) to the federal government without a warrant having been issued in violation of the Fourth amendment.
Requiring that Americans join a government or "private" insurance plan clearly violates the taking clause of the Fifth amendment. Furthermore enforcement will violate the right to not witness against one's self.
The Ninth amendment reserves the right of the people to take care of their own life, including the provision of insurance.
The Tenth amendment proclaims that insurance is the province of the states or the people. There is no enumeration for Congress to enter this aspect of American's lives.
The Thirteenth amendment prevents involuntary servitude of which compelled action is a form. Furthermore this involuntary servitude is not the result of a just conviction, but of a Congress which is attempting to usurp plenary power over jurisdiction where it has been granted merely explicit and enumerated powers.
I hope that you will take the time to understand that I and many other Americans are upset about Congress' apparent disregard to the limitations of its powers and its repeated attempts to exercise plenary power over the states. Furthermore I await your explanation of the authorization behind Congress's mandate for all Americans to obtain insurance in this upcoming legislation.
As you are the servant of the people and I am of the people, I demand that you not use the term frivolous in your response and that you speak to me as an equal peer. In your response I expect that you will clarify any aspect of my question and assessment which is mistaken. Furthermore, if your response depends on statutory law, court cases, or federal regulations I expect that you will provide the relevant citations where I may verify what you have written.
Please understand that this issue is extremely important to Americans and your actions with regards to the question of Constitutional authorization for this provision has left us feeling disenfranchised. The best way that Congress can counter dissension and subversive actions on the part of increasingly marginalized Americans is to improve the transparency of your actions. I am asking you to explain how Congress is authorized to implement an individual healthcare mandate and I hope that you realize that it is in the best interest of this country for you to answer promptly and with evidence which supports your position.
Please keep in mind the following maxims while you marshal your response:
“Fraus latet in generalibus."
Fraud lies hid in general expressions.
“Fraus est celare fraudem."
It is a fraud to conceal a fraud.
“Lata culpa dolo aequiparatur."
Gross negligence is equal to fraud.
Very Respectfully,
republic
An interesting quote from the article
The interesting choice of words here is lawful residence in the United States. The only way that this bill could pass constitutional muster is if it is only applicable to those parts of the United States where Congress has plenary power. Those places are the District of Columbia the territories, and those areas within the states which have been ceded to the federal government for military installations and other needful buildings.
The interesting thing is that the use of a SSN (which is government property) implies that the user is acting in an official capacity for the government. If the person were using government property (the SSN) for private purposes and gain, that is a crime. See 18 U.S.C. §208(a), 18 U.S.C. §641, 18 U.S.C. §912
Now the office of the SSN is located in Washington DC, all other office locations must be explicitly specified in law 4 U.S.C. §72. So anyone who acts as a public employee by using the SSN has, de facto, claimed a residency in the District of Columbia.
This is how the government will enforce these otherwise unconstitutional provisions. In order to find you guilty of this law, the prosecutor merely has to get you to admit that you use the SSN on a regular basis, or have a tax return showing the same entered into the evidence. Once the evidence exists that you are a government officer (the SSN), your rights are no longer protected by the constitution and your case becomes an internal employee tribunal. You will not be afforded a 5th amendment right to remain silent, and your silence will be used to convict you of failing to live up to the employee handbook and you will be sanctioned accordingly.
This law is clearly inapplicable to Americans who are not residents of the District of Columbia, nor residing in a territory.
It forces one to associate with the federal government or a select group of insurance companies against your will. It also forces one to engage in a contract with these entities. These are clearly in violation of the 1st amendment.
It requires an unlawful search and prevents one from being secure in their persons and papers for the purposes of providing proof of insurance.
It requires that one incriminate one's self through mandatory reporting and perjury clauses.
It clearly violates the 13th amendment by forcing one to work for the insurance companies or the federal insurance bureaucracy.
And that is just for starters.
See the following for a little background on SSNs:
http://sedm.org/Forms/MemLaw/AboutSSNsAndTINs.pdf
republic
Bump, so how do you rid yourself of one?
-I favor extending to Israel the same honest friendship that Jefferson and the Founding Fathers urged us to offer to all nations. ...This means I also favor discontinuing foreign aid to governments that are actual or potential enemies of Israel,--Ron Paul
But that man should play the tyrant over God, and find Him a better man than himself, is astonishing drama indeed!~~D. Sayers
There is no difference between an authoritarian government from the right or the left...F. A.Schaeffer
Leahy is rotten to the core
He wouldn't even answer the question. People like that deserve to be voted out in 2010. What a idiot. The View would be proud to have him.
-
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Congress has absolutely no authority...
BUT they do have the power, (force and coercion)!
These people don't know
These people don't know their history very well. What's sad is its obvious history too. 1937 Supreme Court rulings regarding Social Security.
The American people have already won this fight. We just have to wake up and realize it by knowing our case history.
How did I forget about that one!
Yep, SCOTUS declared that Congress has no power to force an insurance scheme on citizens.
Of course, in that decision, and how they got around it, lies the answer to how they can get around it again. They already do it with Medicare. They really only need to expand Medicare to include everyone rather than just the elderly.
Of course, then they have to make it mandatory to participate and that might be a little tougher, and there is also the small problem of what to do for people who don't work...
Yea, they went with the
Yea, they went with the grossly misinterpreted General Welfare thing, which still makes it all unconstitutional, but it also means that this scheme is bound to follow the same path with the same disastrous results, ie no lockbox account, bankrupt system, and higher taxes.
How do we fix stupid like this?
What is to be done with out right liars?
Leahy knows damned good and well that Congress has no such authority.
He knows damned good and well that this question has been raised, hell the fact that he was asked the question makes Leahy a liar on the spot!
So what do we do with such traitors?
If this bill passes? Can we place everyone who voted for it and who attempts to enforce it under citizen's arrest? Can we count on local law enforcement to take these criminals into custody and file charges against them?
Can we count on local prosecutors to send them to trial?
Can we count on Governors and State legislators to stand up against this blatant despotism if Congress somehow manages to placate them into compliance? (say for example by not adding more unfunded mandates)
Can we enlist the aid of U.S. Marshalls to protect us from such unlawful seizures?
If the law passes, and we are able to get it thrown out in court, or repudiated by the States, can we seek retribution and restitution against the people who voted for it and anyone who tried to enforce it? (an unconstitutional law is considered to NEVER have been the law at all, any such action to enforce an unconstitutional law, is itself an unlawful act)
What would DHS recommend be done in the case of Congress passing a blatantly unconstitutional law that has such an effect, that if done by any foreign power would be considered an act of war? Do they recommend citizens just grab their ankles and take the shaft? What does DHS plan to do with such traitors?
DHS is so busy labeling every Tom, Dick and Harry citizen as traitors, what are their plans to deal with blatant treason within the government itself?
These people have nothing but contempt for the Constitution...
The Congress is a laughing stock. Leahey should resign, get some lawyers and start preparing his defense. I'm really tired of them playing us for fools.
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"The greatest mystery of all is truth." - Me, 2009
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"The greatest mystery of all is truth." - Me, 2009