mightymoose
Moderator
I don't want to argue over whether the health care legislation making its way through the House and Senate is a good idea or moral/immoral... what I am wondering is where the Congress derives the authority to enact such legislation.
It seems to me that the program that is being proposed, in any of its various forms, is outside the bounds of the enumerated powers of Congress... the closest being Article 1 Section 8 Clause 1, using the "general welfare" clause. That clause is regarding the levying of taxes, which this legislation is not, nor is it uniform. Medicaid and Social Security are funded by taxes in this way, and are therefor legitimate, but this health care legislation is a totally different animal.
This question has been kicked around in some circles, pretty much brought up by those on the right and dismissed by those on the left... but never answered.
Anyone with some Constitution expertise want to chime in on this, and perhaps explain what the Supreme Court might be able to do if the legislation is passed by the Congress and approved by the "president", but is unconstitutional?
I realize the court can't do anything until someone raises the argument... but I am sure that would happen quite quickly.
It seems to me that the program that is being proposed, in any of its various forms, is outside the bounds of the enumerated powers of Congress... the closest being Article 1 Section 8 Clause 1, using the "general welfare" clause. That clause is regarding the levying of taxes, which this legislation is not, nor is it uniform. Medicaid and Social Security are funded by taxes in this way, and are therefor legitimate, but this health care legislation is a totally different animal.
This question has been kicked around in some circles, pretty much brought up by those on the right and dismissed by those on the left... but never answered.
Anyone with some Constitution expertise want to chime in on this, and perhaps explain what the Supreme Court might be able to do if the legislation is passed by the Congress and approved by the "president", but is unconstitutional?
I realize the court can't do anything until someone raises the argument... but I am sure that would happen quite quickly.