THE HILL
 

Grassley unsure about healthcare's constitutionality

By Eric Zimmermann - 11/12/09 03:05 PM ET

Sen. Chuck Grassley (R-Iowa) said today he still has questions about the constitutionality of an individual health insurance mandate.

"Whether it's constitutional or not ought to have the most debate," he said in a conference call with reporters.

"I'm afraid the way this thing is going that there's not enough questions raised about the individual mandate, that maybe there aren't enough people concerned about it," he added.

Critics of the mandate say the constitution grants no authority to demand individuals buy insurance.

Supporters have argued that the insurance market is a matter of interstate commerce, giving Congress all the authority it'd need for the mandate.


Source:
http://thehill.com/blogs/blog-briefing-room/news/67581-grassley-unsure-about-healthcares-constitunality

Comments (24)

"Critics of the mandate say the constitution grants no authority to demand individuals buy insurance."Period it.BY Kate on 11/12/2009 at 18:24
Everything can not, NOT, be lumped under "interstate commerce". Especially if it is a mandate from the U.S. House. This is Unconstitutiona l no matter how you look at it. They are shoving something down our throats that we do not want and they are threatening to throw us in jail if we dont purchase what they tell us.. That is not interstate commerce! end of story..BY kdpvegas on 11/12/2009 at 18:47
Websters defines Interstate as: "of, connecting, or existing between two or more states especially of the United States "Considering that we cannot purchase insurance across state lines, I don't know how they can classify this as interstate commerce.It is time to stand up to the power hungry corrupt democrats.BY J T on 11/12/2009 at 20:41
Interstate commerce law cannot force me to buy certain brands or services or anything else. The constitution states that anything not authorized by the federal government is left to the states and the PEOPLE. If they have not done the healthcare thing so far, the people claim it as they already have in past practice. If anyone in the past chose not to buy health insurance they through past practice hasvealready established the choice is is theirs. Therefore they cannot be forced to purchase what the government offers them. The 13th amendment prohibits force servitude except as punishment for a conviction of a crime. Forcing us to purchase government mandated health insurance would force us into servitude fo the cost of their insurance.BY Ken on 11/12/2009 at 20:52
So now they worry about constitutionali ty when constitutional rights are violated every day in our courts.Can I cancel my auto liability insurance? Can anyone force me to carry auto insurance or homeowners insurance ? I thought no one would be forced to buy the Public Plan they can purchase from the private insurance group.Can I stop paying for Medicaid now which is deducted from my paycheck since if it is unconstitutiona l ?BY LR on 11/13/2009 at 02:42
Does the constitution grants authority to demand individuals pay for Medicaid and Medicare through payroll deductions? Aren't we already forced to pay for social security which covers Medicare Insurance?BY Lis on 11/13/2009 at 02:46
Social Security is voluntary, that is why it is constitutional. There are many groups that do not participate in SS, because they have plans that act in lieu of SS. Congress, some police depts, catholic church employees, etc. have "approved" alternatives. Also, I just recently read an article about 3 Texas counties that opted out of SS, I believe in the 1980s. The article was directed at the differences in ROI (return on investment) between the invested proceeds in the 3 counties vs. what the ROI was for citizens in the federal SS plan. This article showed that the county citizens could expect approx. 50% greater monthly retirement payments than SS retirees. Sorry, I don't have a link to that article.BY Laura on 11/13/2009 at 07:27
I have been waiting for this issue rise to the surface. It is about time.I agree with kdpvegas: you can not lump everything under the interstate commerce clause. I saw Sen. Burris (D-IL) was quoted as saying the authority was: “Well, that’s under certainly the laws of the–protect the health, welfare of the country,” said Burris. “That’s under the Constitution. We’re not even dealing with any constitutionali ty here. Should we move in that direction? What does the Constitution say? To provide for the health, welfare and the defense of the country.”'"A quick check of the Constitution, Article I, Section 8 seems to undermine his reading as the word "health" is not there. And since the word "health" is not there, Congress was not expressly granted authority over this matter and, pursuant to the 10th Amendment, therefore is reserved to the states.I would also note that his reading SEEMS to conflict with the general police powers of the individual states. If I recall correctly, they concern issues regulating private interests for the protection of the safety, health, and morals of the people, the prevention of fraud and oppression, and the promotion of the public convenience, prosperity, and welfare.It should be interesting to see if and how the debate handles this very important issue.scrivBY scrivener on 11/13/2009 at 08:24
This Healthcare Reform is totally Unconstitutiona l. Also the American People have voiced their Opposition to this Healthcare Reform by all of the Healthcare Protests that have been held and continue to be held throughout this country.BY Mary Ann on 11/13/2009 at 08:43
It's constitution for the government to force everyone to buy auto insurance. So why can't they also force everyone to buy health insurance? or just because the party in power is the Democrat, not Republican, therefor it is unconstitutiona l?BY yellowfish on 11/13/2009 at 10:21

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