Ensign: Health Reform Is Unconstitutional

By
Tuesday, December 22, 2009 at 11:32 am

Nowhere in the Constitution is Congress empowered to require Americans to buy health insurance, Sen. John Ensign (R-Nev.) charged today.

“I am seriously concerned that the Democrats’ health reform bill violates the Constitution of the United States of America,” Ensign said in a statement. “Is it really constitutional for this body to tell all Americans that they MUST buy health insurance coverage?”

Two thoughts: First, whatever Congress is empowered to do is not, ultimately, for Congress to decide — that’s a job for the courts. (And you can bet that there will be no absence of lawsuits if the individual mandate survives the process to become law.)

And second, why should Congress tolerate a system under which folks without insurance can still receive emergency care on everyone else’s dime? Indeed, even former Senate Majority Leader Bill Frist (R-Tenn.), a thoracic surgeon, has said that requiring everyone to buy into coverage pools is “about the only way” to fix the nation’s dysfunctional health care system.

“We have 46 million people who don’t have insurance out there,” Frist told the Fox Business Network in September. “Somebody’s going to have to pay for that. If they can pay for it, they should be responsible to paying for it. And, if not, there are going to be taxes, excise taxes, user taxes on companies like Aetna, on individuals.

“And I’m hard-core Republican,” Frist added.

Comments

28 Comments

EvilPoet
Comment posted December 22, 2009 @ 11:39 am

Hypocrisy anyone? Faith-based initiatives are unconstitutional but I'll just bet you won't hear anything about that.


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chrisjay
Comment posted December 22, 2009 @ 12:07 pm

Yeah, well, this clown now has the credibility that only Tiger can aspire to…


GR
Comment posted December 22, 2009 @ 12:52 pm

Isn't auto insurance also not included in the Constitution, and it is still illegal to drive without it? Isn't the very fundamental premise the same? Aren't Republicans, the ones who are positioning this country in obtaining this imperfect soon-to-be health care law? By fighting the single-payer, public option (which would had provided true competition), and later the buying-in (into Medicare) Republicans have empowered the opposition to compromise for a -Democrat- political gain. I believe this is an imperfect approach, and personally, I would supported killing the bill -not for the same reasons conservatives have- but Republicans are mostly to blame.


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omni99
Comment posted December 22, 2009 @ 2:39 pm

Nobody is forcing you to buy Auto-Insurance. People who do not drive do not have car insurance. But in case of health care everybody has to buy it.


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Savantster
Comment posted December 22, 2009 @ 5:28 pm

Of course, that's why the Fed can TAX payrolls and provide universal coverage. There is no mandate to purchase, there is a tax, and Congress gets to levy taxes.


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Viagra Online
Comment posted December 22, 2009 @ 6:46 pm

I wonder how long it will take for some to perceive that to be a huge score! FREE room and board (three square meals), FREE healthcare (no premiums, no co-payments), FREE cable TV and FREE gym all paid for by the federal government (tax payers).


bruce
Comment posted December 22, 2009 @ 7:00 pm

“requiring everyone to buy into coverage pools is “about the only way” to fix the nation’s dysfunctional health care system”

seriously!? the “only way” except single payer, for which you have many many examples throughout other developed nations, including your dear neighbor to the north.

how can americans be so completely insular as to not realize that a better system is not only possible but currently working (… and of course no system is perfect, but the existing single payer systems are miles ahead of the US system, and NOBODY is without any access to care).

and if you're going to argue that eliminating private, for-profit, insurance companies from health care is a freedom destroying abomination, i would expect you to equally argue that all other public-only functions be equally discarded, including the police and fire departments, and replaced with only for-profit enterprise everywhere (with little regulation, etc) which would not be accessible to those who can't pay.


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republicanstupidity
Comment posted December 22, 2009 @ 10:56 pm

THIS FROM A TWO FACE HYPOCRITE. TELL US MR ENSIGN WHY IN THE WORLD WOULD ANYONE WANT TO LISTEN TO YOUR OPINION? WHAT HAVE YOU EVER BEEN RIGHT ABOUT?? EVER?? YOU OPINION CARRIES NO MORE WEIGHT THAT I GIVE THE TROLLS THAT STOP BY TO RUN UP YOUR EGOS EVERY NOW AND AGAIN, WHICH ARE PROBALY YOUR STAFFERS THAT WE PAY THEIR SALARYS. AND I AM WILLING TO BET THATS NOT ALL THAT GETS RUBBED ON ! TELL ME WHAT ELSE CAN DADDYS MONEY BUY FOR YOU??


Peaved
Comment posted December 23, 2009 @ 7:19 am

How can a mandate to buy something we don't want for people we don't know without our consent to do things we don't approve of be constitutional.
Class action lawsuits against states paying for Nebraska's scam FOREVER should hit the fan and rain on that parade before it even gets started. Doesn't Congress have to check out the constitutionality before it enacts a law?


acquistocialis
Comment posted December 23, 2009 @ 7:31 am

this is really intresting comments i like that….thx


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len
Comment posted December 23, 2009 @ 2:48 pm

each state requires auto insurance and sets the conditions–NOT the federal gov't.


acquistocialis
Comment posted December 25, 2009 @ 8:21 am

This is an unusual, surprising dedication for a book on health care. But it is exactly the dedication by the author T. R. Reid for his superb book The Healing of America: A Quest for Better, Cheaper, and Fairer Health Care.


acquistocialis
Comment posted December 25, 2009 @ 1:21 pm

This is an unusual, surprising dedication for a book on health care. But it is exactly the dedication by the author T. R. Reid for his superb book The Healing of America: A Quest for Better, Cheaper, and Fairer Health Care.


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