Akaka says no constitutional authority for individual mandate
Nicholas Ballasy over at CNSNews has posted a great article quoting Daniel Akaka saying he’s not aware of the Constitution giving Congress the right to include the individual mandate. Go ahead pick up your jaw; now, before you assume the pride of the Aloha state has flipped his liberal lid, Akaka also says the lack of such authority doesn’t matter. But, then again what Constitutional authority or lack thereof has ever really mattered to these folks anyway?
Regardless, it’s a good piece revealing the state of mind of those supporting ObamaCare and the individual mandate.
When CNSNews.com asked whether the Constitution gives Congress the authority to make Americans buy health insurance, Sen. Akaka said: “I’m not aware of that; let me put it that way. But what we’re trying to do is to provide for people who have needs, and that’s where the accessibility comes in, and one of the goals that we’re trying to present here is to make it accessible.”
Oh, so it’s about accessibility. Using that defense, Congress should make everyone who is eligible by a car, so those who can’t (or won’t) drive, can ride the bus. I know, it doesn’t make sense to me either
When asked if there was a specific part of the Constitution that gives Congress the authority to make people buy health insurance, Akaka said: “Not in particular with health insurance. It’s not covered in that respect. But in ways to help citizens in our country to live a good life, let me say it that way, is what we’re trying to do, and in this case, we’re trying to help them with their health.”.
Wait, what, so it’s about health then. Okay, so everyone should be forced to buy a gym membership, so those who don’t want to work out, can go sit in the sauna at the Y. Again, doesn’t make sense to me either.
“It’s an idea of making it possible for people and this is what it’s all about,” he said. “I don’t look upon that as a penalty but as a way of getting help with health insurance.”
Um, uh, hmmm, what?
In 1994, when Congress was considering a universal health care plan proposed by then-President Clinton that included a mandate that all individuals purchase health insurance, the Congressional Budget Office (CBO) studied the issue and discovered that the federal government had never in the history of the United States mandated that individuals purchase any good or service.
“A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action,” said the CBO. “The government has never required people to buy any good or service as a condition of lawful residence in the United States.”
In an analysis published this July, the CBO said that an attempt to justify a mandate that people buy health insurance by using the Commerce Clause—which gives Congress the power to regulate commerce “among the several states”—raises a “novel issue.”
Not a “novel issue,” a Constitutional issue.
See the whole interview here.
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