November 11, 2009
To Hell with the Constitution?
Much has been made recently of the unconstitutionality of federal health care reform, especially a government-run system (the "public option") that could devolve into a "single-payer" system. The main objection is that the federal government has no authority to operate a health care system. Indeed, the 9th and 10th Amendments forbid it, according to Larrey Anderson of American Thinker.In The Wall Street Journal, Judge Andrew Napolitano writes that Congress has been getting around such constitutional bans by invoking its Commerce Clause, "the favorite hook on which Congress hangs its hat in order to justify the regulation of anything it wants to control." Perhaps the most outrageous abuse of this tiny clause is the case of Wickard v. Filburn (1942), where the Supreme Court cited the Commerce Clause in denying a man the right to cultivate his own land for the purpose of feeding his family.Judge Napolitano deems ObamaCare "unconstitutional at its...(Read Full Article)




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