Constitutional Scholar Michele Bachmann: Congress Can’t Reform Health Care

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Wednesday, August 19, 2009 at 4:19 pm

At The Minnesota Independent, Andy Birkey flags the always-entertaining Rep. Michele Bachmann’s (R-Minn.) appearance on Fox News’ “Hannity” last night. During the interview, Bachmann asserted that Congress’ health care reform proposals are unconstitutional. To illustrate why, she broke down the U.S. Constitution for us laypeople:

“[I]t is not within our power as members of Congress, it’s not within the enumerated powers of the Constitution for us to design and create a national takeover of health care. Nor is it within our ability to be able to delegate that responsibility to the executive.”

It is true, of course, that the power of Congress “to design and create a national takeover of health care” is not stated anywhere in the founding document.

However, as Birkey notes, Article 1, Section 8 of the Constitution — where the “powers” of Congress are “enumerated”  — includes the following:

The Congress shall have Power To … provide for the common Defence and general Welfare of the United States;

It also includes this power:

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

I’m no constitutional scholar, but enacting laws to reform the health care system to help provide insurance to the roughly 45 million Americans currently going without sounds like it might be covered under a reasonable reading of the “general welfare” clause.

Maybe Bachmann can be forgiven — interpreting the Constitution never really was her strong point.

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24 Comments

Constitutional Scholar Michele Bachmann: Congress Can’t Reform Health Care
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rob
Comment posted August 19, 2009 @ 8:46 pm

Stop repeating that 45-million figure. If you subtract the millions of illegals you want to cover and who shouldn't be here in the first place, you have a lot fewer “uncovered” people. But just imagine what would happen at our already overwhelmed and porous borders if we do cover all those people you want covered. We'd be overrun … and the cost would be borne by who?


Jim Chen
Comment posted August 19, 2009 @ 9:02 pm

The constitutional clause that would most likely enable federal reform of the health care industry is article I, § 8, clause 3: “The Congress shall have power … To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” The necessary and proper clause, which you cite, would reinforce and amplify this clause.


brendanm
Comment posted August 19, 2009 @ 10:06 pm

How about a deal? You stop race-baiting/immigrant-bashing by suggesting that illegal immigrants will be covered by the health care reform bill and we'll adjust the number of uninsured to reflect only citizens.


strangely_enough
Comment posted August 19, 2009 @ 10:34 pm

“45 million Americans”- you read that part, right? The “Americans” part?
There is nothing in the bill to cover illegal immigrants.


Matthew DeLong
Comment posted August 19, 2009 @ 11:34 pm

Ah, good point. As I said, I'm no constitutional scholar. Thanks for the info.


tomaig
Comment posted August 20, 2009 @ 3:51 pm

The “general welfare” clause is in the Preamble; it's not considered a part of the actual Constitution.

And perhaps YOU can point out where in this monstrosity of a bill does it specify that illegals are NOT covered?


Elizabeth Dunn
Comment posted August 20, 2009 @ 4:08 pm

In that 8/18/09 Hannity segment, Bachmann waxed rhapsodic about the town hall meetings. During this August recess, she said, members of Congress will have to “actually hear from normal Americans” about the health care proposals. She praised this direct citizen-to-elected-representative communication as “democracy in action,” “a great thing.”

Despite the implication in her words, Bachmann has yet to hear directly from her own constituents in any “town hall meeting” or similar event, on any subject. She has held two public “forum-esque” events since being elected to Congress. In each case Bachmann brought along an “expert” who shared the stage with her and did almost all the talking. No constituents or other attendees had the chance to speak or even ask a question.

Bachmann has another such event scheduled for next week, and has invited Congressman Michael Burgess, M.D. as her “special guest.” If I were a betting person, I'd bet against any “normal” citizen being allowed near the microphone.


Elizabeth Dunn
Comment posted August 20, 2009 @ 4:20 pm

Sorry, the “general welfare” clause IS part of the Constitution. If you look at the relevant part of Article I linked here (scroll down to Section 8), you see that the “general welfare” clause is not in the Preamble, it's right there at the top of Section 8 “Powers of Congress.”

http://www.usconstitution.net/const.html#A1Sec8


So Sueme
Comment posted August 21, 2009 @ 9:19 pm

No dimbul…er…delong, the federal government providing health insurance to anyone is very specific welfare…specific to the people receiving the government largese, not the general welfare – which applies to everyone equally – that you quote.

Perhaps you'd like to look at the clause about regulating interstate commerce…you'll have much better luck ignoring the wishes of the founding fathers and usurping the Constitution with that. Good luck, ye freakin' commie.


So Sueme
Comment posted August 21, 2009 @ 9:27 pm

Nice try, dimbul…er…delong, but the federal government buying anything – like health care – for anyone would be very specific welfare and not at all the general (you know…applies to everyone equally) welfare of which you speak.

If you insist on ignoring the wishes of the founding fathers and usurping (I'll be happy to help you with the big words And Constitutional Law) the law of the land, the Constitution, you'd be better advised to latch on to the tried and true regulation of interstate commerce. That one's been good for screwing things up for over one hundred years. You're welcome, yea commie pinko bastard!


whattabunchacrap
Comment posted August 25, 2009 @ 6:53 am

I'm not a constitutional scholar either, but I'd say you're dead wrong about the meaning of general welfare. If the Constitution's general welfare clause is as you say, then they would have the power to tax and spend with no limits. If such was the case there would be no reason to enumerate specific functions of the federal government since post offices, defense and everything else would be included in a general provision.

In my opinion, the federal government does not have the Constitutional authority to do most of what they've been doing. The 10th amendment gives the states the right to provide social services if the population is willing to pay the price financially. You could have some states provide welfare,health care and other services while other states may only provide the basics.


pantleg
Comment posted September 1, 2009 @ 3:11 am

The U.S. constitutional framers Supported and condoned socialism. The first socialist experiment in history was the development of the U.S. Post office. Article #1Section #8 Paragraph #7 of the constitution created a government Run socialistic stamp creation and mail delivery system. Our founders, In their wisdom knew that some things could only be accomplished by government intervention. Proof , that if, Thomas Jefferson, Alexander Hamilton, John Adams And other founders were alive today they would be in favor Of removing the greedy hands of the middle man (insurance companies) from financially bleeding our citizens ; they would support a single payer system; telling the insurance companies and their Lackey conservative shills that The constitution was created for common defense and General welfare of the American people. That health is a necessary ingredient of our general welfare! Article #1 Section #8 Paragraph #11. Gives congress the right to tax for two reasons: common defense and general Welfare; not to promote preemptive warfare or Boss-Tweed Insurance trusts. The Lemming health care protestors, with their twitching noses, And rat whiskers, are ready to jump on any band wagon of the Talk radio rabble- rousers; lackeys of special interests; simpletons who go off In delirious rage against any Democratic proposal; crying “call the police there is a BLACK MAN in the WHITE HOUSE“! Claiming, in their Simple- Simon mentality, that Obama wants to appoint Dr. Kavorchian surgeon general and put collection boxes outside hospitals so you can drop of granny when she gets too infirmed.


Yet_Another_Steve
Comment posted September 11, 2009 @ 2:49 am

Why, happily! Section 246 of the health care bill (HR 3200) forbids payments “on behalf of individuals who are not lawfully present in the United States.” You can look it up yourself, and read the rest of the bill (or at least search it for the parts you're interested in) at http://www.opencongress.org/bill/111-h3200/text. The site also provides an overview of the bill, and guides to help find the parts you care about.


Jerry
Comment posted September 14, 2009 @ 7:00 pm

Illegal aliens would be able to get it…Section 246 is limited. Read this

http://www.cbsnews.com/blogs/2009/09/10/taking_…


JB
Comment posted November 22, 2009 @ 8:14 pm

Excuse me, having insurance, and having “access” to healthcare are two different things my friends. Do you have food insurance? No? My goodness how do you stay alive without Mommy and Daddy to buy you food? Healthcare is a product and a service, and ANYONE can go buy some anytime they wish–they do no need insurance. And yes there are “stop-gaps” for the poor at local and state levels ,a dn at the Federal level already. I'm just in shock at how stupid people are that buy in to this takeover. Moreover, i hear Obama refer to insurance company abuses. Excuse me, state and federal government already has the power to regulate insurance companies, so go change the regs, my friend. Oh, but it's not about that, it's about taking over 1/6 of the economy for the following reasons; ego, power, arrogance, and disgusting gangsta politics. I'm telling you–people “out here” are pissed.


JB
Comment posted November 23, 2009 @ 1:14 am

Excuse me, having insurance, and having “access” to healthcare are two different things my friends. Do you have food insurance? No? My goodness how do you stay alive without Mommy and Daddy to buy you food? Healthcare is a product and a service, and ANYONE can go buy some anytime they wish–they do no need insurance. And yes there are “stop-gaps” for the poor at local and state levels ,a dn at the Federal level already. I'm just in shock at how stupid people are that buy in to this takeover. Moreover, i hear Obama refer to insurance company abuses. Excuse me, state and federal government already has the power to regulate insurance companies, so go change the regs, my friend. Oh, but it's not about that, it's about taking over 1/6 of the economy for the following reasons; ego, power, arrogance, and disgusting gangsta politics. I'm telling you–people “out here” are pissed.


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Anonymous
Comment posted March 25, 2011 @ 5:21 am

Who the Hell said Michelle Bachmann was QUALIFIED to be a constitutional scholar OR to HOMESCHOOL ANYBODY? THE IGNORANCE THAT COMES OUT OF HER MOUTH IS ASTOUNDING! WHY DO YOU PEOPLE VOTE FOR HER???????


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