This week some 20 states adjoined Florida and making a constitutional challenge to the new Health Care Bill. There seems to be several issues but the most glaring one is in fact does the Federal Government have the right to force people to buy health insurance.
In order to really understand that, one need only look what the intention of the framers were when they framed the whole concept of what the government can and can't to under this document called the constitution. Of course, it is all subject to interpretation but you can escape the cold hard facts of what is written in black and white.
If you go to Federalist 41, it appears what the intention was clearly.
Federalist 41 is: General View of the Powers Conferred by The Constitution 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
This method of handling the subject cannot impose on the good sense of the people of America. It may display the subtlety of the writer; it may open a boundless field for rhetoric and declamation; it may inflame the passions of the unthinking, and may confirm the prejudices of the misthinking: but cool and candid people will at once reflect, that the purest of human blessings must have a portion of alloy in them; that the choice must always be made, if not of the lesser evil, at least of the GREATER, not the PERFECT, good; and that in every political institution, a power to advance the public happiness involves a discretion which may be misapplied and abused.
Pretty clear that the the powers vested "at least of the greater, not the Perfect good to advance the public happiness....
With the current system before the health care bill the vast majority of Americans(not illegals) were covered by health care and the division that that the new bill has caused not with standing the tax implications it is clear that I am predicting it will go to the "Supremes" and on a 5-4 vote be struck down...stay tunes on this one!
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