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"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it."

Frederic Bastiat

THE CONSTITUTION AND HEALTHCARE

By
Neal Boortz
@ November 3, 2009 8:58 AM
Permalink | Comments (55) | TrackBacks (0)

When it comes to achieving the Democrats dreams and schemes, there is nothing that will stand in their way. Not even that pesky little thing called the Constitution. Republican Senator Orrin Hatch put it all in perspective recently. He does not believe that the Democrat plans for healthcare are justifiable. He says that if the federal government can force Americans to buy health insurance "then there is literally nothing the federal government can't force us to do."

Ain't that the truth?

First it is healthcare. Then what? What comes next for the Democrats to achieve their goal of making you more and more dependent on government? Orrin Hatch's point is that right now, the Constitution still remains a "barrier" for the Democrats. But if they get their way with healthcare, the levies will be broken. There will be nothing stopping them from trampling over what is left of our Constitution.

And the White House doesn't seem to have a problem with that. Robert Gibbs was asked just yesterday whether White House lawyers had reviewed the Constitutionality of Obamacare. Robert Gibbs' response was that the White House is not seriously concerned about this.

Not seriously concerned? What is there to be MORE concerned about than upholding the foundation of this country? Then upholding the Constitution. Didn't The Community Organizer take an oath to protect and defend our Constitution? And now he's "Not concerned"? And if you will remember, Nancy Pelosi had a similar response last week. When asked about the Constitutionality of her healthcare plan, she actually thought the reporter was joking. She chuckled, "Are you serious? Is that a serious question?" Yes, Nancy. Yes, Robert. Yes, Obama. We are serious. And it is about time you get serious too before you completely destroy what is left of this great country.



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What others are saying

  • Health Insurance mandates
    The reason why people will be required to have coverage is because it will help hold down costs. This is something other countries have learned ahead of us. The bigger the pool, the lower the costs. And if you lower the costs, you can cover everybody and you can provide more health services. You also keep the cost for the very poor down (=fewer taxes). The other reason is that people like to think they are healthy and don't need insurance, but then they suddenly get diagnosed with cancer or multiple sclerosis, or they fall down the stairs. They end up in the emergency room or go bankrupt and guess who pays the bill, which is usually higher now than it would have been if they had gone to the doctor before the diagnosis or before the broken bone set itself wrong. They haven't been paying premiums, so guess whose premiums and taxes pay his bills?
  • Healthcare
    Why does everyone keep dancing around this issue like a bunch of scared rats? Where are you nads Neal? Either its cinstitutional or its not. I think its not. The Federal goveernment cannot force anyone to buy/purchase anything. So regardless if the bill passes it will be rules unconstituional, its a no brainer, not even close. The individual sates MAY be allowed to force people to buy insurance, however.
  • Further responses:
    Will be on the 'ONE YEAR AGO TODAY' thread.
  • reace
    http://thinkprogress.org/2009/10/06/individual-mandate-bait-and-switch/

    http://www.youtube.com/watch?v=luEKDNns27w

    it's not part of the plan because they now oppose it because it's part of the dem plan.

    I'm not effectively advocating for anything except our current system of govt.

    You seem to be advocating for something different though. simply because you aren't happy with how it's going now. that seems kinda whiney. it's one thing to complain about the proposals themselves but, quite another to say that the system they exist in is somehow not what was intended and needs to be changed or is somehow "unlimited govt and taxation".

    so, what would you change then?
  • snarkybird Read: What can the 10th amendment do for you?
    snarkybird “from what I've read, mandates were added as a compromise to republicans and insurance companies. “

    Where did you read that?
    If that's the case, why isn't that a part of the Republican plan?

    Face it, you are in favor of unlimited taxation and unlimited government.

    Rationalize it all you want, but that's effectively what you are advocating.
  • reace
    the govt can force you to do all kinds of things.

    get permits. get licenses. pay fees for service, etc

    To be perfectly honest, one of the reasons I voted for Obama over hillary was I did NOT WANT mandates. from what I've read, mandates were added as a compromise to republicans and insurance companies.

    so, from a "like" perspective...yeah, not 100 percent for me. But, I get it. given the spectrum of things being done, it makes sense.

    from a "constitutional" perspective, I dont see where you get around it based on existing powers and previous rulings.

    but I think it would be a great case to see the scotus rule on. could be landmark.

    is this "unlimited" govt? I'm not going to repeat myself yet again on this. feel free to disagree.
  • Re: snarkybird Are you advocating the point of view that the government can force you to buy into the healthcare plan monstrosity (Yes or No?)
    Did you actually read the article you are commenting on?

    “THE CONSTITUTION AND HEALTHCARE”

    On the important question on whether the government can force you to buy health insurance?

    Remember this part of the article:
    “He does not believe that the Democrat plans for healthcare are justifiable.
    He says that if the federal government can force Americans to buy health insurance "then there is literally nothing the federal government can't force us to do.”

    It case you didn't – and your comment makes it pretty evident that you didn't, it was about the fact that if the Statists are able to force you to buy health insurance, they can force you to do anything else – hence they would have unlimited power.

    Your can respond with a pantload of spin BS that you weren't doing that, but everyone reading the article and your comments would come to the conclusion that is exactly what you are advocating.

    Again, you can try to rationalize and fool yourself, but you are advocating UNLIMITED government.

    If you are supporting the idea that the government can compel people to buy health insurance, then you are supporting the idea that " there is literally nothing the federal government can't force us to do.”

    In case you haven't figured it out, that would be unlimited power, now what is your answer to the question Yes or No?

    Also, it getting quite amusing that you always have a tendency towards throwing around petty insults and accusing people of being 'Obtuse' (apparently, that you new favorite word, did you just learn that?)

    Anyways, that really highlights the Leftist tendency towards 'projection' – maybe 'The party of projection' can be your new moniker. That is after Pragmatist is discredited, along with Progressivist, Socialist, Fascist, Marxist, Collectivist, Leninist, Stalinist, .

    Anyways, TRY to actually read the articles before you make a fool of yourself, and keep that projection thing in mind.
  • @Snarkybird
    Snarkybird, you make comments about what you think is constitutional and how you think it was set up...but brush off any suggestion that you actually read it!

    I suggested an exellent book (5000 Year Leap), written by a constitutional scholar, that you dismissed as "cultish." Say what?

    I cannot take any claim regarding what you "think" is constitutional seriously at all.

    And just because Obama or one of his cronies say it is...doesn't make it so.
  • Hutzpa
    He would sound a lot more convincing if the republicans weren't just as averse as the democrats to following the constitution themselves. From gay marriage to drugs laws to redistricting they stretch any credible understanding of the constitution. A pox on both their houses.
  • Thank You
    Thank you for addressing this problem. I have been banging this drum for months, posting everywhere I could regarding the danger of this. Without much success.

    If they can force you to buy healthcare there is nothing that they cannot force you to buy.

    And we all know very well that the President and the members of Congress (of both parties) would not hesitate to use this power for their own purposes.

    If you liked earmarks, you will love "individual mandates".
  • The State of Georgia already does
    In Georgia, if we get caught driving without the REQUIRED auto insurance, we go to jail.
  • but snark
    you skipped over one question:

    It would just be so much better if you people would realize we can take care of the uninsured/uninsurable WITHOUT creating a new bureaucracy. If that can be done, why are you pushing so hard for this legislation? What do you care as long as they are covered some how?
    By Joyce M/Blythe

    If we can get these people covered without another big bureaucracy wouldn't you agree that would be preferable?
  • are Nancy, Harry, and Obama serious?
    Maybe that reporter who asked about the Constitutionality of the Health care bill,

    for which Nancy Pelosi asked if he was serious,
    should have followed up with the question, "Did you not take an oath to support and defend the Constitution against all enemies foreign and domestic?"

    I would have loved to have seen that.
  • Testing in court Social Security
    Interesting! The New Deal in general was tested a few times and parts of it overturned. Then when it got down to the nitty gritty, FDR saw he was going to lose in the Supreme Court so: "On February 5, 1937 he sent a special message to Congress proposing legislation granting the President new powers to add additional judges to all federal courts whenever there were sitting judges age 70 or older who refused to retire."

    http://www.ssa.gov/history/court.html

    In other words he cheated!!! Can't believe he got away with that. Course, three cases had already been heard before that switcheroo all excused by the "tax" clause but seems very iffy.

    Somehow the healthcare bill might fare differently. If we can't stop it all together up front.
  • don' fo'git youz a racist........................
    make sure you show your socialist membership card when you go git yo' shot..........
  • Re: snarkybird @ 11/03/09 01:30:27 PM We don't really know how much that has influenced the results do we?
    Now or in the future.
  • Most of the damage done has been through simply ignoring the 10th Amendment.
    Abuse of the second particular in Article 1, Section 8 is the most common offense. Somewhere between 60 and 70% of the Federal Budget would be eliminated if the fed were really held to the US Constitution, though many State Constitutions allow much of what is forbidden to the federal government by its’ constitution. After 80 years of overstepping the constitution with the Supreme Court’s blessing, it’ll probably take a constitutional amendment to put the federal government back in its’ place.

    The US Constitution is certainly a joke to the dp, it means whatever they want it to mean at the moment.

    I can see where the US Constitution can force me to pay for the military (Article 1, Section 8, items 9, 11, 12, and 15 of the particulars), but where does it mention health care in the Constitution, much less among those 17 particulars in Article 1 Section 8, Congress can levy taxes to pay for, Brian? I’m assuming “foreign government,” was just a Socialist International slip, and you meant “federal government.”
  • reace
    You said "you advocate unlimited government with Unlimited power?"

    are you just being obtuse on purpose?

    you really just dont understand how our govt was setup by the founders.

    by the people, for the people through their representatives with three co-equal branches of governance all controlled by the people either through elections (executive) or through their representatives (oversee court appointments and make law).

    where do you read "unlimited" in there?
  • rejoyce
    joyce - maybe you're right on this not being constitutional. I think it is and it has well documented prescedent but, ultimately, if someone does challenge this, it would probably end up at the SCOTUS.

    and they'd be challenging pretty much every govt welfare program in existence.

    I think the law, time, and the odds are in favor of these programs.

    But if you dont, guess what - you have recourse.

    less talk, more walk.. although, I actually think Dick Armey will beat you to the punch.
  • general welfare
    And the definition of general welfare is listed below Sec 8 Clause 1 (see clause's 2-18) I don't see health care, social security, medicare, education, or any of the thousands of crap we pay taxes for is listed
  • Still to be tested
    retechie
    general welfare, commerce clause and taxation powers.

    You may disagree but, that's your answer.

    Same answer applies to Medicare.

    Again, disagree away but no one has yet successfully litigated any of this as being unconstitutional. that's close to 50 years and counting.

    maybe you can be the first! :-)
    By snarkybird

    The general welfare, etc., does NOT apply to forcing a citizen to buy something, so that is not an answer. I don't believe anyone has ever challenged social security or medicare before, please show us where they have. SHOULD have, but probably not.

    It would just be so much better if you people would realize we can take care of the uninsured/uninsurable WITHOUT creating a new bureaucracy. If that can be done, why are you pushing so hard for this legislation? What do you care as long as they are covered some how?
  • Re: snarkybird @ 11/03/09 01:28:24 PM So, bottom line, you advocate unlimited government with Unlimited power?
    A government unlimbered from that pesky Constitution that's been holding Statism and other types of tyrannies in check all these years?
  • shouda said....................
    git jerky so we have a snack fo' the game tomarra.......

    it seperates the toothers from the toothless......and you can do short term shoe repair........
  • reace
    NO

    good grief man!

    I agree with you - people DO vote this way. Youve provided evidence I cannot refute.

    But your theory is they matter. Heck, I even agree with you there too but only in that they matter as much as any other one issue voter. which aint much.

    and history bears that out.
  • retechie
    general welfare, commerce clause and taxation powers.

    You may disagree but, that's your answer.

    Same answer applies to Medicare.

    Again, disagree away but no one has yet successfully litigated any of this as being unconstitutional. that's close to 50 years and counting.

    maybe you can be the first! :-)
  • Truthignorer
    "If you believe that, you haven't been paying attention. The whole point of health insurance reform is to ensure that people have the right to purchase their own health insurance."

    They have that right now. Many states already provide a source for people who have been turned down for insurance.

    What you do NOT have the right to do, is expect me to pay for it. And I don't care if on paper drug companies, medical equipment companies and the rich are going to pay for those who can't get it, in the long run, those costs will filter down to all of us.

    We can help those people WITHOUT enacting another huge government bureaucracy. We keep having this discussion why do you insist on making another government department out of this??????
  • Re: snarkybird Okay, so after all of that, you're agreeing with the absurd notion that something hasn't occurred until it's occurred several times?
    Was that your point?
  • NavyBuckey
    "You as a citizen of this country has a choice to either buy or not buy health insurance."

    If you believe that, you haven't been paying attention. The whole point of health insurance reform is to ensure that people have the right to purchase their own health insurance.

    If you are not employed by a company that provides group health insurance (and fewer and fewer do these days), and someone in your family has a pre-existing condition, then you CANNOT buy health insurance today in this country.

    Even if you don't have a preexisting condition, the AVERAGE heath insurance premimum for a family of four is $14,000 per year (not the "few hundred dollars a month" you claim to pay.) For folks at age 50, the average health insurance premimun as above $17,000 per year. Not exactly affordable to most folks, even if they don't buy a new TV.
  • Where is it?
    Would someone please list where in the constitution the federal government has the ability to create a federal healthcare system. I would like to see a knowledgable and cogent arguement as to why the statists believe this plan would be constitutional.
  • Supreme Court process
    It is possible for a justice to petition his fellow justices to take up an issue. Believe it or not, Clarence Thomas did it last December about Obama's birth.
  • If it isn't unconstitutional to force me to...
    fill out form after form about my private business affairs for the government to decide how much of my earnings I'm allowed to keep or have the government notified if I make a transaction over $10,000 with my bank, then I think the government can justify just about any intrusion they want.

    We have fought this all the way to the highest court and they have ruled it not unconstitutional. So, there you go.

    Oh! It's also not unconstitutional to confiscate private land to use in a manner that will increase the tax revenue for local governments.

    This is the America we have CHOSEN to live in. It's not the America our Founding Fathers gave us.

    However, if we keep electing the same people into office that we always have, then things will certainly change. How pathetic?

    Thank you Republican and Democrat supporters, your two-headed party monopoly monster has served us well.
  • reace
    OK, first I find it amazing that I've not posted jack here and I have several comments already directed at me. freeeky

    Ace - You said "You first asked of an occurrence of when the people voted for plunder, one was provided – but that wasn't good enough and you put forward the “Trend” argument – the absurd notion that something hasn't occurred until it's occurred several times."

    No, I said I had no doubt there were people who voted this way. Just like I am sure there are people who did NOT vote for him for being pro choice.

    Look, you're arguing the wrong side of this. This is part of the technical nature of politics and everyone knows that it's a rare day that single issue voters do anything except cancel each other out. (check out the vice versa argument that rove used gay marriage to swing margins in several states in 04)

    you could make an argument that most blacks voted for him because he is black. but, how many whites voted against him because of that?

    Obama won for lots of reasons but to pick one (esp this one) is both impossible to prove with any real validity and ridiculous to assert.

    it's like saying the ONLY reason mccain lost was because he picked palin. I could show you data that shows his support declining steadily after he picked her. is that THE reason he lost? no.

    You're picking a single data point as "proof" of your theory. It's easily dismissed.

    heck, you and others complain loudly about how "liberal" Obama is...yet he's losing support among liberals for not being liberal enough.

    your arguments just sound like neatly devised data points to make a case for your own ideaology. It doesnt wash.
  • Yes indeed
    What a jerk.
    By Truthseeker

    Oh you meant Orrin!!!!!!!!!
  • RE: Truthseeker @ 11/03/09 10:13:40 AMreport abuse
    Orrin is Right!
    "We all have a Constitutional right to die from lack of health care! And it's up to the good Republicans of the country to make sure more Americans can enjoy that right!"

    I know you were being a Sarcastic jerk off here...but guess what? You are correct.

    It is called freedom of choice. You as a citizen of this country has a choice to either buy or not buy health insurance. Some people CHOOSE to buy cell phones, Sat. TV, large car payments, brand name clothes and sorts of other odds and ends that add up everymonth.

    You see "truthseeker" I choose to spend a few hundred dollars a month for insurance. I choose to provide that medical coverage to my family. I could CHOOSE to buy brand new car....or a new tv, or so many other things instead. I could then whine and cry like the moochers. That would be a choice...

    The government wants to take that choice away...

    To think I put my life on the line to defend people like you...

    It's nice to be free...right truthseeker?
  • Re: butt neckid so go clean your weapons and ammo....run down to the stop n' rod an' pick up more beer and ice......don't forget the jerky......and stay ready...
    I would only tend to disagree wit you on one tiny point – despite what people may think, jerky doesn't have that long of a shelf life – at least according to the 'use by' dates on the package.

    And at least in comparison to other foods you may want to stock up on, it good, but don't plan on it lasting as long as other staples.
  • Worst Case Scenario
    I hope that this doens't happen, BUT I can see the Dems making a case that the insurance mandate is an extension of eminent domain. Where the property being taken for "public use" is your own wealth and the "just compensation" is the health insurance plan that you will be "buying".

    (I know that eminent domain has historical backing as only land based property, but I can see someone trying to make that argument)
  • Obama, the Constitutional Scholar
    I have heard several times that B.Hussein Obama was a scholar/professor of US Constitutional Law. However, to me, B.Hussein Obama is an expert of the US Constitution like Willie Sutton was a banking expert.
  • not again..........................
    com'on you guys.........the constitution????

    the on'y way they will abide by the konstitution is at gun point annnnnnnnd......

    that's un-konstitutional!!!!!!

    so go clean your weapons and ammo....run down to the stop n' rod an' pick up more beer and ice......don't forget the jerky......and stay ready...
  • Obama, Pelosi and Reid must have weekly spitting contests targeting the constitution to determine who takes the lead on promoting the federal gov't's duty to usurp individual thought, rights, action and life.
  • Question on the SC
    Can the Supremes pick up a case or does it have to go through a process? Wondering because of paco's comment, I'm not sure they can just yell out that's unconstitutional unless someone brings a subject through what process?
  • Orrin is Right!
    We all have a Constitutional right to die from lack of health care! And it's up to the good Republicans of the country to make sure more Americans can enjoy that right!

    What a jerk.
  • Hatch is right...
    ...Congress is drunk with power and it is time they were all arrested for LUI...Legislating under the influence.
  • Re: esorcire “If the govt controls who gets health care and who does not, can they refuse health care to gun owners? “
    If they control healthcare, they control the whole ball of wax, that's why they are fighting for this tooth and nail despite all the opposition from the voters.


    Many people have raised this question, and I wouldn't put it past the Statists to try that – along with controlling a myriad of other things.
  • Hatch
    I would feel better about Hatch if he weren't the leading advocate in the Senate of trying to control college football because Utah was ignored last year in the BCS
  • Re: snarkybird @ 11/02/09 04:21:36 PM Things can occur once and still be real.
    snarkybird @ 11/02/09 04:21:36 PM : “Obama won because people were ready for something different”

    Translation: Radical Statists saw him as one of their own, With others, the blank slate of Fauxbama could be filled in with whatever they wanted – if they wanted a 'Moderate' he appeared to be a moderate, if they wanted a conservative, he appeared to be a conservative, and so on......

    snarkybird @ 11/02/09 04:21:36 PM : “he is a remarkable speaker and charismatic personality. and his story is uniquely American...what he's achieved, where he came from, etc. “

    Translation – he's good at reading a speech from a teleprompter, He can also do a fine job at reading pre-prepared text – on a teleprompter, and with a working teleprompter he can give an ice campaign speech promising all kind of plunder to the dumbmasses.
    Oh did I mention that he's good at making a speech with the invaluable help of a teleprompter?

    On the examples of the Statist buying votes – why does that have to be a trend over time in order to have occurred?

    Newsflash, things can occur once and still be real.

    You first asked of an occurrence of when the people voted for plunder, one was provided – bu that wasn't good enough and you put forward the “Trend” argument – the absurd notion that something hasn't occurred until it's occurred several times.

    As typical of the Left, when backed into a rhetorical corner, instead of admitting they were wrong, they MOVE THE CORNER!

    If we had provided an example of this occurring 4 years ago, you would have come up with the equally absurd concept that it has to occur over 6 or 8 years, and we had provided that you would have made it 10 -12 years and so on.

    You would have backed up to ancient times if necessary – or simply run out the clock
  • Neal at what point....
    ...are you going to have your Ron Paul moment and start talking about Paul and all his ideas? We were warned about all of this.
  • Force Fed...
    True that the Constitution stops the government from forcing us to buy or do things against our will but we should have not been forced to pay for those who will not pay for their own needs. That is where the slippery slope started.
  • constitution/healthcare
    This whitehouse despises the constitution.
    And where has the supreme court been for the last 60 years? They have become tits on a boar hog. useless.
  • The Constitution?
    Hasn't meant anything to the left since FDR shredded it with the "new deal" so why should they care now.....

    Brian, I love how you lefties ALWAYS bring up the military, a CONSTITUTIONALLY mandated function of the government.......
  • Imagine
    I would imagine that this will land on the Supreme Court. People are too much in an uproar over this for that not to happen.
  • Time for Communism
    Snarkybird is right!!! People in this country need to start warming up to the idea that Karl Marx is the answer to our problems in this country. Along with Snarkybird, I agree that private industry is an abomination on society and that the government needs to control our lives so we don't have to worry about anything any more.
  • Hatch is weird
    Uh, everyone knows that the foreign government can force you to pay for stuff Hatch. I have to pay for the military to protect halliburton in iraq.
  • Another search
    for someone with the guts to take this on
  • Will They Still Be Chuckling?
    Next November perhaps Pelosi can chuckle as she hands the gavel to the new House Speaker.
  • The key to socialism
    is to control the medicine. Valadimir Lenin.

    Just a thought, but if the govt controls who gets health care and who does not, can they refuse health care to gun owners?
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