This Is Why Health Care is Unconstitutional
Congress should be comprised of elected politicians who are the brightest and most honorable people in our country. They should be dedicated in their pursuit of public service and be knowledgeable in the basic legal tenets of our once great republic. Unfortunately, “We The People” do not take the time to even read the Constitution of the United States in order to make informed decisions at the polls. This lack of responsibility on our part has given us the government that we deserve.
The most egregious example of abusing our Constitutional framework in Congress comes from the misinterpretation of its preamble (shown below) and the beginning of Article 1, Section 8:
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
The “promote the general welfare” phrase led to heated debates prior to the ratification of the Constitution by 9 of the original 13 colonies. The preamble could literally be read as giving unlimited powers to a federal government at the expense of individual state’s rights. Or in the case of health care legislation, even at the expense of our individual rights.
Let’s define “welfare” at the time that the Constitution was written:
The meaning of the word Welfare in the Constitution is different from its current usage. The constitutional meaning of welfare is: 1. health, happiness, or prosperity; well-being.
However, welfare in today’s context also means organized efforts on the part of public or private organizations to benefit the poor, or simply public assistance. This is not the meaning of the word as used in the Constitution.
James Madison effectively clarified the fallacious argument concerning “general welfare” in Federalist Paper 41. The first excerpt below, outlines his position that these objections are “misconstructions”. I do not need to be so kind: our politicians are either lying to us or are incompetent. Since 237 of 435 Representatives are millionaires, I will go with the former.
Some, who have not denied the necessity of the power of taxation, have grounded a very fierce attack against the Constitution, on the language in which it is defined. It has been urged and echoed, that the power “to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,” amounts to an unlimited commission to exercise every power which may be alleged to be necessary for the common defense or general welfare. No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction.
Madison continues to make his point noting that if this was true, there would have been no need to enumerate the powers of the federal government in Article 1, Section 8 (enumerated powers).
Had no other enumeration or definition of the powers of the Congress been found in the Constitution, than the general expressions just cited, the authors of the objection might have had some color for it; though it would have been difficult to find a reason for so awkward a form of describing an authority to legislate in all possible cases. A power to destroy the freedom of the press, the trial by jury, or even to regulate the course of descents, or the forms of conveyances, must be very singularly expressed by the terms “to raise money for the general welfare.”
The last sentence above could just as easily be misconstrued as: “to raise money for the medical needs of the general population”.
He continues using this argument: it makes no sense to say on one hand that the federal government has unlimited powers and then immediately thereafter enumerate their powers.
For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power? Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars. But the idea of an enumeration of particulars which neither explain nor qualify the general meaning, and can have no other effect than to confound and mislead, is an absurdity, which, as we are reduced to the dilemma of charging either on the authors of the objection or on the authors of the Constitution, we must take the liberty of supposing, had not its origin with the latter.
Madison concludes with the following logic which condemns the argument using their objection’s source of information:
The objection here is the more extraordinary, as it appears that the language used by the convention is a copy from the articles of Confederation. The objects of the Union among the States, as described in article third, are “their common defense, security of their liberties, and mutual and general welfare.” The terms of article eighth are still more identical: “All charges of war and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the United States in Congress, shall be defrayed out of a common treasury,” etc. A similar language again occurs in article ninth. Construe either of these articles by the rules which would justify the construction put on the new Constitution, and they vest in the existing Congress a power to legislate in all cases whatsoever. But what would have been thought of that assembly, if, attaching themselves to these general expressions, and disregarding the specifications which ascertain and limit their import, they had exercised an unlimited power of providing for the common defense and general welfare? I appeal to the objectors themselves, whether they would in that case have employed the same reasoning in justification of Congress as they now make use of against the convention. How difficult it is for error to escape its own condemnation!
How does it feel to have your country destroyed by the people you have elected, and elected, and elected? Are you going to settle for voting in the next election based on party? Are you going to vote for the lesser of two evils?
The founding fathers have a word for people who swear an oath under God to uphold the Constitution and then do not honor their oath: traitor. And the worst part is that we know which Congressmen have destroyed our country and yet we do nothing.
“If you love wealth more than liberty, the tranquility of servitude better than the animating contest of freedom, depart from us in peace. We ask not your counsel nor your arms. Crouch down and lick the hand that feeds you. May your chains rest lightly upon you and may posterity forget that you were our countrymen.”
Samuel Adams
I have included the enumerated powers of the Constitution which specifically outline the limited powers of Congress.
Article 1, Section 8 – Powers of Congress
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
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.







