No constitutional authority, period

Lydia McGrew writes:

You’ve raised the question of how Congress has constitutional authority to force people to buy health insurance. CNS News pressed Sen. Leahy on the question and got only bombast and bluster.

A. Zarkov replies:

Of course Leahy was evasive. He can’t answer the question because there is no authority in the U.S. Constitution for such a mandate. His comment about federal highway is ridiculous. Any power the federal government has to regulate highways would be based on the Commerce Clause, and for a human being merely to exist does not constitute interstate commerce. I can always not drive on an Interstate, or not drive period.

According to Wikipedia, Leahy was granted a J.D. from Georgetown University School of Law in 1964, so he can’t plead ignorance about general legal matters. How can he not understand that Congress has limited powers, and only the powers granted by the Constitution? If somehow the Supreme Court were to uphold the mandate, then we no longer have any semblance of a federal government of limited powers—the republic as we know it would be trashed. At this point we would no longer have a legal government.

To date no one has been able to refute my legal analysis of the mandate I presented to the readers of VFR. Things are getting interesting. Without the mandate the health care plan becomes even less viable. The Democrats know this and that’s why they won’t give a straight answer. There is no straight answer.

Jonathan W. writes:

Leahy’s response,

“Why would you say there is no authority? I mean, there’s no question there’s authority. Nobody questions that,”

is a typical liberal tactic. Instead of responding to legitimate arguments or criticisms, they just declare their side the winner and attack as delusional or outside the mainstream anyone who dares question their unfounded assertions. “The global warming debate is settled. No one reasonable disagrees that man made CO2 causes global warming,” or “It is well established that blacks are as intelligent as whites and only hood wearing KKK members think otherwise,” or “Hispanic immigration has been a cultural and economic boon to this country. Diversity is what makes America great and bitter old white men should sit down and shut up.”

The only way to respond to fools like Senator Leahy is to keep pushing and pushing until they finally have to answer with something substantive.

LA replies:

That’s worth repeating:

“The only way to respond to fools like Senator Leahy is to keep pushing and pushing until they finally have to answer with something substantive.”

October 23

Terry Morris writes:

Yes, well, Leahy is right that nobody questions that such authority is granted to the U.S. legislature. I’m one of ‘em—the “nobodys” that question such authority, that is.

Posted by Lawrence Auster at October 22, 2009 03:10 PM | Send