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...mixing Congress and health care is unconstitutional ?

  1. The Rope profile image54
    The Ropeposted 8 years ago

    It seems a side storm is brewing.  Any thoughts about either side of this argument?  I've reprinted the article here in toto from the Opinion Page/The Florida Times-Union (Sun 1/10/10)

    "It's in Constitution

    Congress and health care unconstitutional?

    Yet another 'constitutional scholar' weighs in with the assertion that mixing Congress and health care is unconstitutional.

    I am amazed and saddened by the constant barrage of misinformation from the right wing echo chamber.

    The preamble to the Constitution and Section 8 refers to 'promote the general welfare.'

    So, it seems that health care is certainly an aspect of providing for the general welfare and is certainly not unconstitutional.

    St. Marys, Ga."

  2. profile image0
    sneakorocksolidposted 8 years ago

    Mixing anything in congress should be illegal those people are already wasted!

  3. bgpappa profile image82
    bgpappaposted 8 years ago

    I have actually thought about this issue.  The argument to find that it is unconstitutional is that Congress was not enumerated the power to regulate healthcare. 

    The argument to show that Congress has the authority is the commerce clause and the effect that Healthcare has on the commerce of the United States.

    There are other arguments as well on each side, but it is a tough argument to claim Congress does not have the authority as a whole, but certain parts of the plan may be subject to attack.

    1. The Rope profile image54
      The Ropeposted 8 years agoin reply to this

      "Bg", Congress has traditionally given themselves the power to enumerate.  It's likely that a good attorney could make mincement of anyone attempting to use that particular argument.  Of course, many attorneys with an eye to their career and reputation would probably pass up the opportunity.