Democrats' health bills depend on forcing individuals to buy insurance or face severe fines or imprisonment. In 1994, the Congressional Budget Office said forcing individuals to buy insurance would be "an unprecedented form of federal action," adding: "The government has never required people to buy any good or service as a condition of lawful residence in the United States."Nancy's reaction to the question illustrates either her ignorance of what the Constitution actually says or her willful choice to ignore it in favor of her own agenda and the American people's rights be damned.
This year, the Congressional Research Service delicately said "it is a novel issue whether Congress may use the (Commerce) Clause to require an individual to purchase a good or service." Congress has the constitutional power to "regulate commerce ... among the several states." But a Federalist Society study by Peter Urbanowicz and Dennis Smith judges it perverse to exercise coercion under the Commerce Clause "on an individual who chooses not to undertake a commercial transaction." As Sen. Orrin Hatch, R-Utah, says, there is "a fundamental difference between regulating activities in which individuals choose to engage" -- e.g, drivers can be required to buy auto insurance -- "and requiring such activities" just because an individual exists.
When asked whether any compulsory insurance purchases are constitutional, Speaker Nancy Pelosi was genuinely astonished: "Are you serious? Are you serious?" In 1803, in Marbury v. Madison, Chief Justice John Marshall wrote, "The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the Constitution is written." He was serious.
Should the awful and onerous ObamaCare/PelosiCare bill become law I hope it will be challenged on constitutional grounds and struck down for being overreaching and in violation of the Constitution. But we can't count on such a thing happening. Therefore we must strive to let our Senators know how displeased we are with this legislation because we know its a disingenuous attempt to do an end run around the people's wishes, a flagrant attempt to violate the Constitution, and a blueprint for medical and financial disaster.