Constitutional question

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CADsortaGUY

Lifer
Oct 19, 2001
25,162
1
76
www.ShawCAD.com
Requiring Car insurance is unconstitutional.

Women voting is unconstitutional.

Civil rights act is unconstitutional.

Healthcare isn't.

The constitution stands as a living document, it's suppose to be a guideline. Progress is a bitch ain't it?

let me guess, you were a product of a large public school...

The Constitution isn't a "guideline" - it's a RULE BOOK. It puts a cage around the Federal gov't.

Seriously, I don't know how some of you people even graduated highschool... sad really...
 

djmartins

Member
Nov 19, 2009
63
0
0
Requiring Car insurance is unconstitutional.

Women voting is unconstitutional.

Civil rights act is unconstitutional.

Healthcare isn't.

The constitution stands as a living document, it's suppose to be a guideline. Progress is a bitch ain't it?


Progress?
You think going from a free country that was a Constitution Republic to a socialist oligarchy is progress?
Do you need the government to tell you how many times you need to poop and at what time?
They will.

This is NOT progress, it is regression.
Right back to the Dark Ages where a small minority rules over the masses who have no rights and who's labor goes to the elite to be distributed as they please.


regards,
DJ
 

IndyColtsFan

Lifer
Sep 22, 2007
33,655
687
126
If that was the case why did the federal government have to amend the Constitution to implement prohibition and amend it again to eliminate prohibition?

Couldn't the federal government simply say that alcohol is bad and it is in the "general welfare" of the United States as its justification?

Of course it could've according to the left -- back then, however, they apparently respected the Constitution (and interpreted it correctly) and used the proper means to enact these measures.

For those using the general welfare clause of the Constitution as justification, it is pretty weak IMO. You could twist that to pretty much mean that the government can do ANYTHING it wants if it feels it is providing for the general welfare. Do you really want to go down that road? If you do, fine, but the next time the opposite party is in power and pushes something questionable down your throat, remember your position and stick to it.
 
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IndyColtsFan

Lifer
Sep 22, 2007
33,655
687
126
let me guess, you were a product of a large public school...

The Constitution isn't a "guideline" - it's a RULE BOOK. It puts a cage around the Federal gov't.

Seriously, I don't know how some of you people even graduated highschool... sad really...

This. There is a process to amend the Constitution if you want to change it. I suggest many of the posters on this forum read up on the process.
 

ProfJohn

Lifer
Jul 28, 2006
18,161
7
0
Look up welfare in the dictionary. Healthcare reform provides for the common defence and general welfare. F-22 Raptors provide for the common defence and general welfare. The interstate highway system provides for the common defence and general welfare.
When the Constitution was written the concept of welfare as we know it did not even exist.

It wasn't until the 1800's that government started taking money from one group of people and 'giving' it to another.
 

Zebo

Elite Member
Jul 29, 2001
39,398
19
81
Requiring Car insurance is unconstitutional.

Women voting is unconstitutional.

Civil rights act is unconstitutional.

Healthcare isn't.

The constitution stands as a living document, it's suppose to be a guideline. Progress is a bitch ain't it?

I'll remember this when torturing the shit out of someone and holding them incognito forever comes up. thx.
 

LTC8K6

Lifer
Mar 10, 2004
28,520
1,575
126
Sure, I can see the argument in there (barely) that congress can create a public health care system, but I don't see where they can make me participate in it.

Especially when congress members and their families won't be participating in it.
 

yllus

Elite Member & Lifer
Aug 20, 2000
20,577
432
126
It's been covered, but...

Health reform: Unwise, not unconstitutional

Is the Obama-Reid health reform plan unconstitutional?

The answer to that should be obvious: the Reid-Obama plan may be unwise, unsound, and unaffordable ... but it is unquestionably constitutional.

The federal government already requires every American to purchase health insurance. That's what Medicare does. The difference now is that everyone will be required to buy a private plan to cover them up to age 65 in addition to the government-run plan they are compelled to buy to cover them after 65.

I don’t hear anyone in Congress suggesting that Medicare violates the Constitution. So how can the new plan be unconstitutional if the old plan is OK?

Since the challenges to Social Security were rejected by the Supreme Court in 1937, the courts have consistently held that the general welfare clause of the Constitution empowers Congress to create social welfare plans based on compulsory contribution. (Helvering v. Davis is the most relevant case.)

...

DeMint's and Ensign's argument against the constitutionality of the Obama-Reid health reform rests upon the ancient theory of enumerated powers. Under this theory, Congress may do only what the Constitution specifically authorizes Congress to do. Since (for example) the Constitution does not mention a national bank, Congress may not charter banks.

...

The Civil War finished off the theory for all practical political purposes. Since 1865, the doctrine of enumerated power has subsisted at the remote margins of American politics. Are Republicans proposing now to resurrect the constitutional theories of Roger Taney?
 

ProfJohn

Lifer
Jul 28, 2006
18,161
7
0
^ I don't think it is that cut and dry.

Medicare is a government program thus forcing me to buy into it is forcing me to buy into a government program.

This bill forces me to buy into a private program that is run by private companies and for private profit.

The existence of the public option may have saved the bill Constitutionally by giving me the option to participate in the government half of the program, but the lack of that program may be what dooms it in a court challenge.
 

nonlnear

Platinum Member
Jan 31, 2008
2,497
0
76
The existence of the public option may have saved the bill Constitutionally by giving me the option to participate in the government half of the program, but the lack of that program may be what dooms it in a court challenge.
This.
Which is why the sequel is so predictable...
 

MotF Bane

No Lifer
Dec 22, 2006
60,801
10
0
Requiring Car insurance is unconstitutional.

Women voting is unconstitutional.

Civil rights act is unconstitutional.

Healthcare isn't.

The constitution stands as a living document, it's suppose to be a guideline. Progress is a bitch ain't it?

Wrong, wrong, so very wrong.
 

Modelworks

Lifer
Feb 22, 2007
16,240
7
76
Ask yourself if the creators of the constitution would have voted for this plan. I am pretty sure they would not. That is enough for me to consider it unconstitutional, but it doesn't matter. They will implement the bill and by the time anyone does decide if it is unconstitutional the changes will have been made and it will be too late to go back. By that time the insurance companies will be bankrupt and what is the government to do now ? They can't let people go without health coverage , they have to take it over completely.

What they couldn't do with a head on approach they are doing through the back door.
 

WHAMPOM

Diamond Member
Feb 28, 2006
7,628
183
106
Article 1, section 8 lists the powers congress has.

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

Where does it say they can do anything like a required universal healthcare plan? I dont see anything even remotely close to healthcare in their powers, so according to the 10th amendment, shouldnt that decision be left up to individual states?

Granted I know it passed, but I just cant wrap my head around this constitutional question.

Before someone claims "welfare!!" in this line:

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States

remember, welfare back then did NOT mean what it does now, and in that sentence its referring to the safety of the nation.

Anyway, I'd like to hear what others think.

No trolling :awe:

Ever tried looking up welfare in a dictionary? Happiness/comfort/freedom from want..state which looks after the health and well-being of its citizens. Still not enough said? Nation; people of a particular country. You ARE an ignorant ass, the words means the same now as it did then. :'( me a river!
 

yllus

Elite Member & Lifer
Aug 20, 2000
20,577
432
126
Medicare is a government program thus forcing me to buy into it is forcing me to buy into a government program.

This bill forces me to buy into a private program that is run by private companies and for private profit.

Private companies don't make a profit off of Medicare?
 

ProfJohn

Lifer
Jul 28, 2006
18,161
7
0
Ever tried looking up welfare in a dictionary? Happiness/comfort/freedom from want..state which looks after the health and well-being of its citizens. Still not enough said? Nation; people of a particular country. You ARE an ignorant ass, the words means the same now as it did then. :'( me a river!
Really??

The concept of welfare as we know it did NOT exist when the Constitution was written.

Welfare as we know it today came into existence in the 1883 in Germany. It didn't come into existence in the US until the 1930s.

If you look up the word in a revolutionary dictionary you will find the following meaning: "welfare n. 1. health, happiness, or prosperity; well-being." or something similar.
 

djmartins

Member
Nov 19, 2009
63
0
0
Really??

The concept of welfare as we know it did NOT exist when the Constitution was written.

Welfare as we know it today came into existence in the 1883 in Germany. It didn't come into existence in the US until the 1930s.

If you look up the word in a revolutionary dictionary you will find the following meaning: "welfare n. 1. health, happiness, or prosperity; well-being." or something similar.

Actually, the concept of welfare has been around for a LONG time.
The Romans had grain allotments for "favored" citizens which went a long way towards destroying the Empire and communism is based on the whole concept of welfare.

Just because we currently have a bunch of unconstitutional federal programs does not excuse adding another one.
Personal income tax was something our founders NEVER wanted to see in this country and we are suffering from the consequences right now.

I want to deport all the supporters of ALL of these social programs to China, Russia, Africa, or any of the various communist countries on the planet.
We are at war in this country and the side for freedom lost a long time ago.
The United States was a CONSTITUTIONAL REPUBLIC, we need to save the Republic.
 

Carmen813

Diamond Member
May 18, 2007
3,189
0
76
Really??

The concept of welfare as we know it did NOT exist when the Constitution was written.

Welfare as we know it today came into existence in the 1883 in Germany. It didn't come into existence in the US until the 1930s.

If you look up the word in a revolutionary dictionary you will find the following meaning: "welfare n. 1. health, happiness, or prosperity; well-being." or something similar.

ProfJohn,
The amount of concepts that didn't exist when the Constitution was written is utterly staggering. The very idea of modern medicine didn't exist, they didn't know what germs were. The idea of a secret terrorist organization being able to cripple a country overnight didn't exist either. The idea that we could do what we are doing this very moment was laughable.

I'm not saying your argument is without merit, but I feel the foundation of your argument is lacking.
 

CADsortaGUY

Lifer
Oct 19, 2001
25,162
1
76
www.ShawCAD.com
ProfJohn,
The amount of concepts that didn't exist when the Constitution was written is utterly staggering. The very idea of modern medicine didn't exist, they didn't know what germs were. The idea of a secret terrorist organization being able to cripple a country overnight didn't exist either. The idea that we could do what we are doing this very moment was laughable.

I'm not saying your argument is without merit, but I feel the foundation of your argument is lacking.

It doesn't matter what you "feel". The FACT is, "welfare" in the Constitution and other founding documents doesn't not mean "welfare" as we know it today. It's absolute fact regardless of how you "feel".
 

nick1985

Lifer
Dec 29, 2002
27,153
6
81
Ever tried looking up welfare in a dictionary? Happiness/comfort/freedom from want..state which looks after the health and well-being of its citizens. Still not enough said? Nation; people of a particular country. You ARE an ignorant ass, the words means the same now as it did then. :'( me a river!

Thanks for the name calling, you stupid piece of shit.

Have you ever looked up welfare in a dictionary made in 1787? I bet you have not.

Hint: It meant something totally different than the meaning you bleeding hearts give it today.
 
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her209

No Lifer
Oct 11, 2000
56,336
11
0
Thanks for the name calling, you piece of shit.

Have you ever looked up welfare in a dictionary made in 1787? I bet you have not.

Hint: It meant something totally different than the meaning bleeding hearts give it today.
So what did "man"/"men" mean in 1787?
 

nick1985

Lifer
Dec 29, 2002
27,153
6
81
So what did "man"/"men" mean in 1787?

Serious question...I'm not trying to sound like a dick or anything, but can you point me to where it says man or men in the consitution? I browsed and did not come across it, I could have easily overlooked though.
 

Carmen813

Diamond Member
May 18, 2007
3,189
0
76
It doesn't matter what you "feel". The FACT is, "welfare" in the Constitution and other founding documents doesn't not mean "welfare" as we know it today. It's absolute fact regardless of how you "feel".

I interpreted his posts to say "the concept of welfare didn't even exist, therefore this must be unconstitutional" and I am pointing out the flaw I see in that logic.

Did the fact that I used the word feel bother you? I could just have easily used the word with "think." The essence of what I said is exactly the same.

I'd also urge you to think about the larger picture of what you are saying, because there are a great deal of things in the Constitution that have been changed "as we know it today." The second amendment is a good example. It was written with the idea that an armed citizenry would act to prevent a tyrannical government. Unfortunately modern technology has basically this original concept invalid, and instead the 2nd amendment as used today is to justify individuals owning a gun. One of the key points was supposed to be an armed and organized militia, which in the 1800s could have beat the federal army.

There is also nothing in the Constitution that would grant anyone in our government the power to indefinitely lock up terrorists or to refuse to charge them and give them trials. The Constitution specifically says "persons" in the 5th amendment for this very reason, but many ignore it.

It says nothing about having a standing army or navy in times of peace, makes no mention of the Air Force whatsoever, and is pretty much completely opposed to the idea of fighting a war without having Congress declare it.

It also doesn't give the Supreme Court the power to declare a law unconstitutional.
 
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