CNSNews.com: “Madam Speaker, where specifically does the Constitution grant Congress the authority to enact an individual health insurance mandate?”His iterating mockery of the reporter is indeed on the record. Elshami, deputy communications director and senior adviser to Pelosi, later issued a press release stating that Congress was empowered by the commerce clause in the Constitution to mandate individual health insurance. The chairman of the Senate Judiciary Committee, Patrick Leahy (D-Vermont), however, differed from that dubious specificity, instead likening the power to compel all Americans to buy health insurance to federal authority to impose speed limits on interstate highways (???), adding that “nobody questions” Congress’s authority to impose controls of any kind. House Majority Leader Steny Hoyer (D-Maryland) linked the power to the general welfare clause.
Pelosi: “Are you serious? Are you serious?”
CNSNews.com: “Yes, yes, I am.”
Pelosi then shook her head before taking a question from another reporter. Her press spokesman, Nadeam Elshami, then told CNSNews.com that asking the speaker of the House where the Constitution authorized Congress to mandate that individual Americans buy health insurance was not a "serious question."
“You can put this on the record,” said Elshami. “That is not a serious question. That is not a serious question.”
If a government plan is part of the deal, “as a matter of conscience, I will not allow this bill to come to a final vote,” said Sen. Joe Lieberman, the Connecticut independent whose vote Democrats need to overcome GOP filibusters.It seems that some Senators understand the original purpose of the Senate, which is to act as a check on the populist, “democratic,” majority-rule grounded legislation concocted by the House, to better preserve and protect the life, liberty, property and pursuit of happiness of Americans. Unfortunately, only Graham, Lieberman, and a handful of other Senators appreciate that intention. Others have publicly articulated it -- but with reservations.
Sen. Daniel Akaka (D-Hawaii) says he is “not aware” of the Constitution giving Congress the authority to make individuals purchase health insurance, as the health care bills in both the House and Senate require.No, he isn’t aware of the Constitution mandating Congress the power to force Americans to buy health insurance. And that unawareness won’t stop him from advocating such compulsion.
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.”If Akaka had been sharp enough, he might have echoed House Majority Leader Steny Hoyer of Maryland and claimed that “helping people” at the point of a gun to buy health insurance came under the (misunderstood) general welfare clause. But, he was not sharp enough, and that neglect simply added to his ignorance quotient.
Both House and Senate health care bills mandate that people buy health insurance, facing a financial penalty if they do not. Akaka said this mandate should not be looked upon as a penalty…“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.”
“Let me see,” said Reed. “I would have to check the specific sections, so I’ll have to get back to you on the specific section. But it is not unusual that the Congress has required individuals to do things, like sign up for the draft and do many other things too, which I don’t think are explicitly contained [in the Constitution]. It gives Congress a right to raise an army, but it doesn’t say you can take people and draft them. But since that was something necessary for the functioning of the government over the past several years, the practice on the books, it’s been recognized, the authority to do that.”The gentleman did not “get back” to the reporter who buttonholed him with that question. He likened the element of compulsion to forcing Americans to register for the military draft. That is okay with him. It is all about duty, and sacrifice, and “giving back” to society. Senator Ben Nelson of Nebraska also displayed his ignorance as well as his manners:
“Specifically, where in the Constitution does Congress get its authority to mandate that individuals purchase health insurance?” CNSNews.com asked Nelson.If he doesn’t know whether or not he’s a constitutional scholar, then he isn’t one. That answer invites the observation and question: One can expect members of the House of Representatives to be foggy on matters of constitutionality, although their two-year terms ought to allow them to become experts on the subject.
“Well, you know, I don’t know that I’m a constitutional scholar,” said Nelson. So, I, I’m not going to be able to answer that question.” The senator then turned away to answer another reporter’s question.