America, we've got a real problem. No, this isn't a superficial recitation of all my objections to the Obama administration. It isn't a reminder of the existential threat we face from radical Islam. And it's not the increasingly devastating loss of our moral bearings as a people that I'm talking about. The problem we face is the shocking unfamiliarity that average citizens have about how our government is supposed to work.
The current healthcare debate is a perfect example. While both sides state their case as to why the legislation is needed or not, we completely ignore what should have been the very first question. We debate the merits of the bribes, sweetheart deals for unions, the public option, Medicare cuts, and the inevitable debt explosion that will result from government involvement in healthcare, but we don't even think about addressing the only question that – until it is answered – should truly matter: does Congress have the constitutional authority to deal with this issue?
Here we are, decades into the debate and a year into the actual formulation of such a plan, and the folks who are navigating this bill through Congress have yet to answer that fundamental question.
When asked where the Constitution gave Congress the authority to enact the type of legislation they are attempting, New Jersey Democrat Senator Frank Lautenberg responded by saying, "I am not going to answer that," as he walked away. Speaker of the House Nancy Pelosi just scoffed at the question repeating, "Are you serious? Are you serious?"
Yes, Ms. Pelosi, we are serious. And the fact that you don't find significant this question of whether Congress is acting beyond its constitutionally mandated bounds speaks volumes about your leadership and fitness for office.
And those Congressmen who actually do try to answer the question are perhaps even more concerning. When asked if he could say where Congress was getting their authority to enact a healthcare mandate, North Dakota Democrat Senator Kent Conrad responded, "No," but then took a stab at it anyway: "I assume it's in the Commerce clause."
It's not. But that's not even the most astounding part of his answer. Here is a man who swore an oath to preserve, protect, and defend the Constitution, and yet he is supporting a piece of federal legislation that he just assumes is constitutionally acceptable? This should be the first hurdle any piece of legislation must pass before even considering its merits.
Democrat Senator Blanche Lincoln of Arkansas said she thought Congress had the authority because the Constitution, "charges Congress with the health and well-being of the people." The fact that the words "health" and "well-being" are not found anywhere in the document doesn't seem to faze her.
But Lincoln is not alone. The "general welfare" argument has apparently become the standard line Democrats are now giving around the country when asked this question. But if we are going to accept such a bloated interpretation of the general welfare clause, we should all know where it will lead. How long until we see the "Congressional Broccoli Act," requiring every American citizen to purchase $50 worth of the green weed every week? How could such an infringement on our economic liberty be defended you ask? Well, eating broccoli is clearly in our best interest, and thus undoubtedly serves the general welfare of the people. Therefore Congress should mandate it whether you want it or not. It's for your own good.
Is this just a silly exaggeration? Not if you listen to California Democrat Senator Dianne Feinstein. She was asked by CNSNews.com, "If there's a health-insurance mandate, is there a limit to that authority? Is there something that can't be mandated [like broccoli]?" Her response says it all: "My own view is that there is not."
The truth is that these lawmakers are certainly aware of the fact that the Constitution of the United States does not give the national government any authority to enact the type of bill they are currently manufacturing. But sadly, they are also aware of the fact that the people of the United States don't know any better. And even worse, many Americans who do know it is unconstitutional are willing to look the other way because they want to support the leaders of their Party.
When he emerged from the long, arduous proceedings of the Constitutional Convention, Benjamin Franklin was asked, "Well Doctor, what have we got?" Franklin replied, "A republic, if you can keep it." So long as we allow ignorance and loyalty to political parties to supersede our allegiance to the Constitution, we are proving that we cannot.
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