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Can Congress Legislate Health Care? |
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wasteful
MUSA Citizen Joined: Jul 27 2009 Status: Offline Points: 793 |
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Posted: Aug 02 2009 at 7:50am |
U.S. Constitution - Article 1 Section 8
Article 1 - The Legislative Branch
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VietVet
MUSA Council Joined: May 15 2008 Status: Offline Points: 7008 |
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Top line- " Congress shall have power to ...... provide for the common defense and general welfare of the U.S." - General welfare- Health care of the nation, perhaps??? How about the line- " to raise and support Armies, but no appropriation of that money to that use shall be for a longer term than two years"- ???? Some of this stuff is for a different time/circumstance for this country and appears to be "dated".
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wasteful
MUSA Citizen Joined: Jul 27 2009 Status: Offline Points: 793 |
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Vet that is the Constitution of the United States that you are claiming is dated and for a different time/circumstance.
The first clause of Article I, Section 8, reads, "The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States." This clause, called the General Welfare Clause or the Spending Power Clause, does not grant Congress the power to legislate for the general welfare of the country; that is a power reserved to the states through the Tenth Amendment. Rather, it merely allows Congress to spend federal money for the general welfare. The principle underlying this distinction—the limitation of federal power—eventually inspired the only important disagreement over the meaning of the clause. According to James Madison, the clause authorized Congress to spend money, but only to carry out the powers and duties specifically enumerated in the subsequent clauses of Article I, Section 8, and elsewhere in the Constitution, not to meet the seemingly infinite needs of the general welfare. Alexander Hamilton maintained that the clause granted Congress the power to spend without limitation for the general welfare of the nation. The winner of this debate was not declared for 150 years. |
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VietVet
MUSA Council Joined: May 15 2008 Status: Offline Points: 7008 |
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I am aware of that. Just as there are small town, city, and state "constitution" items that are still on the books as law/rules/procedures/agendas/roadmaps/call it what you will, some, merely through time, are not adaptable to the modern times as to original meanings at the time of their writing and are periodically reviewed. I am suggesting that either by content or the way the duties of Congress are written, SOME are out of sync with the times AS THEY ARE WRITTEN and as society has changed. In other words- sometimes the politicians of this nation, in this day and age, don't follow this document as was intended or the concept of this document is interpreted to twist the meaning to fit the situation of the moment. C'mon- don't tell me that you're naive enough to think that politicians in Washington are so pious that they live by this, do you? They skew things, including laws, to gain advantage to get what they want.
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Mike_Presta
MUSA Council Joined: Apr 20 2008 Location: United States Status: Offline Points: 3483 |
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“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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wasteful
MUSA Citizen Joined: Jul 27 2009 Status: Offline Points: 793 |
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No Vet what I am saying is does congress actually have the Legal authority under the Constitution to Pass A Health Care Bill which mandates mandatory health care for Not only U.S. Citizens but also illegal aliens. I also am not naive as to the ways that Congress stretches their powers in anyway they see fit. The Judicial and Exectuive branches do likewise.
To mondify the Constitution would require 3/4's (38) of the states to ratify a new amendment to the Consititution a feat which is not done to often. The last time this was done was in 1992.
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VietVet
MUSA Council Joined: May 15 2008 Status: Offline Points: 7008 |
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Looks like from your info. above that the Congress doesn't have the authority to legistate general welfare. However, in your first post, in the first paragraph, it makes a statement about the Congress having authority concerning the legislation of the general welfare. Confusing. Don't like it at all that this Healthcare bill also includes illegal aliens. Not right. What part of illegal don't the politicians understand. Illegal should also mean no rights/benefits enjoyed by LEGAL citizens until legal status is acquired. Healthcare system is overloaded as it is with our aging population. Don't need to invite others to the party.
Constitution modification?- Doesn't look like an impossible task especially since we are talking about wording changes rather than a total removal on most items. You say it was done in 1992? Can be done again, right? What else would these 's be doing in Congress? |
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Hermes
Prominent MUSA Citizen Joined: May 19 2009 Location: Middletown Status: Offline Points: 1637 |
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Regardless of what the constitution says I think we are waving our "freedom of choice" by accepting this health care "crap". Socialism is not a part of the constitution and in this health care bill thats exactly what you have and the only reason for it and offering it to illegal's is the NATIONAL ID.
"YOUR PAPERS PLEASE"
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No more democrats no more republicans,vote Constitution Party !!
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gemneye70
MUSA Resident Joined: Mar 10 2008 Location: United States Status: Offline Points: 83 |
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I think there is a lot more involved than just saying this is socialism...more people declare bankruptcy due to mediacl bills than any other reason...same ole scare tactics left over from the Bush era...My daughter was in the hosiptal for the first 4 months of her life. My wife and I met people who sold their homes just to pay bills so their kids could get care to save their lives...I don't think a single payer system is necessarily yhe answer, but that isn't what most in Congress are asking for...something needs to be done though...it's easy to say don't change anything when you are in a desperate situation...god has blessed you...what about those that need help? that's not your problem is it?
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gemneye70
MUSA Resident Joined: Mar 10 2008 Location: United States Status: Offline Points: 83 |
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BTW...for you that claim to be strict constitutionalists...it doesn't say anything about an Air Force, just navy and army, but noone is saying anything about that.
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