An Oft-Neglected Point on Health Care Legislation

The Constitution (and the Bill of Rights in particular) is often described as a list of negative rights. That is, it primarily enumerates and details all of the things Congress and the Government cannot do to its citizens. As for all other matters, the Tenth Amendment makes perfectly clear where the remaining powers and rights lie: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

On the issue of the Government collecting income taxes from the people (that is, its power to collect money from its citizens beyond the Constitution's original powers), that issue is addressed quite clearly in the 16th Amendment: "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration." Numerous attempts have been made to deny the legitimacy of this amendment, for a host of reasons, but all have failed. The fact remains that the 16th Amendment exists, has been ratified, and will remain a part of the Constitution until and unless another amendment repeals, further amends, or supercedes it. The 16th Amendment deniers should find a new cause because it's not going away any time soon.

That said, there is now the issue that presents itself out of the current health care legislation, as it now moves out of the House of Representatives and on to the Senate: that the Government is now one step closer to granting itself the power to fine and/or imprison those citizens who do not purchase "adequate" health insurance for themselves and/or their families. If this legislation becomes law, uninsured American citizens will be mandated by Congress to purchase something they may object to, may be unable to afford, or simply don't find any Constitutional powers that legally and Constitutionally permit this Governement's usurpation of rights, due process, equal protection, state sovereignty, privacy, and freedom from its citizens and states.

If ever were a bill to come out of Congress that is so clearly and absolutely unconstitutional, completely void of any legal or constitutional foundation, power, right or basis by Congress to pass over the citizens, whom the Constitution is intended to protect, then without question or equivocation, this bill is it.