$25,000 fine and up to 1 year in jail,  $100,000 and up to 5 years in jail. Proposed penalties for those who refuse to "avail" themselves of Obamas' public "option" to purchase government provided health insurance. Doesn't sound like much of an "option" to me. President Obama states that the "Penalties are appropriate for those who try to free-ride the health care system."  But here's the question -  Where in the constitution does it allow the Congress the power to mandate  a person to purchase health insurance?  Don't know?  Neither, does it appear, does your typical (and not so typical) congressman.

   When asked where the constitutional authority lay to allow Congress  to order Americans to purchase health insurance, Nancy Pelosi  replied, "Are you serious?" and again, "Are you serious?"  I don't know about you, but I'm not familiar with that particular clause in the constitution., But after long reflection, Pelosi press spokesman, Nadeam Elshaoni, clarified  the constitutional fine points for us- "You can't put this on the record," said Elshaoni, "but that is not a serious question."  Ah. All is now clear.

Senate Judiciary Chairman Patrick Leahy, (D-Vt)

Asked the same question, Leahy, who is responsible for vetting Supreme Court nominees, responded: "Nobody questions Congress' authority for such an action." When reminded that he was, in fact, being questioned he responded - "We have plenty of authority. Are you saying there is no authority?" CNSNews.com- "I'm asking...." Leahy- "Why would you say there's no authority? I mean, there's no question there's authority- nobody questions that!" When pressed yet again, Leahy compared the governments mandate to that of the one that allowed them to set speed limits on interstate highways- and then turned and walked away.

Senator Jack Reed-(D-RI) "We would have to check the specific sections," but said it was like "Making people sign up for the draft." Anybody getting scared yet? ( That was me, not Reed)  Actually Senator Reed, the draft is covered under Article 1, Section 8, Clause 12-  "To raise and support Armies.."  Nothing in there about forcing people to purchase health care in defense of their country. (Jeez, I'm a dinosaur when it comes to computers, but I wasn't aware the internet stopped short of the Hill.)

Senator Orrin Hatch, 33 year member of Senate and longtime member of Judiciary Committee: "If the Government can force the American people to buy health insurance, than there is literally nothing the government can't force us to do."

While the "Commerce Clause" through which some Congressmen seek to drive this bill is big, and vague enough,  to drive a truck through, Hatch states that - "Its constitutional language authorizes Congress to regulate some forms of commercial "activity", which is different from authorizing Congress to force an individual American to engage in a commercial activity he or she is not presently engaged in and- as a free person- does not want to engage in." He also states that "Not one of his Democratic colleagues has given a coherent Constitutional argument to explain where Congress will derive it's authority for such a mandate."

For those of us not familiar with the commerce clause, I found it in Section 8, Article 1 of the Constitution:

     "The Constitution shall have the power to .. regulate Commerce with foreign Nations and among several states, and with the Indian Tribes,"

While the power to regulate commerce is clear, I see see no power to force an individual to engage in it.