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Sen. Burris Cites Unwritten Constitutional 'Health' Provision to Justify Forcing Americans to Buy Health Insurance
 Thursday, October 5, 2009When asked by CNSNews.com what specific part of the Constitution authorizes Congress to mandate that individuals must purchase health insurance, Sen. Roland Burris (D-Ill.) pointed to the part of the Constitution that he says authorizes the federal government "to provide for the health, welfare and the defense of the country." In fact, the word "health" appears nowhere in the Constitution.
“Well, that’s under certainly the laws of the--protect the health, welfare of the country," said Burris. "That’s under the Constitution. We’re not even dealing with any constitutionality here. Should we move in that direction? What does the Constitution say? To provide for the health, welfare and the defense of the country.” James O’Connor, Burris’s communications director, later told CNSNews.com that although the word “health” does not appear anywhere in the Constitution, the senator was referring to the Preamble of the Constitution which says the following: “We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.” Burris’s comment “indicates his belief that the term ‘general welfare’ can be interpreted to include the health and well-being of American citizens, and health care in general,” said O’Connor. In the interview, which took place on Oct. 21, CNSNews.com asked Burris, “Federally, if you look at it from a federal standpoint, what area, specifically of the Constitution, would give Congress the power to mandate an individual to have health insurance?” “Well, that’s under certainly the laws of the--protect the health, welfare of the country," Burris said in response. "That’s under the Constitution. We’re not even dealing with any constitutionality here. Should we move in that direction? What does the Constitution say? To provide for the health, welfare and the defense of the country.” When asked if he was familiar with the provision of the Senate Finance Committee version of the bill that mandates that individuals purchase health insurance, Burris said he "may not have covered" that piece of the legislation. CNSNews.com asked Burris, “Do you support Congress mandating the public, the American public to get health insurance?” He said: “The Congress mandating the public to get health insurance? CNSNews.com said: “Through the Baucus bill [the Finance Committee bill] right now. Also, the House bill has the mandate.” While both House and Senate versions of the health care bill mandate that individuals must purchase health insurance--a provision supported by President Barack Obama--Sen. Orrin Hatch, a longtime member of the Judiciary Committee has questioned the constitutionality of the mandate. “I think there’s a real constitutional issue there,” Hatch (R-Utah) recently told CNSNews.com. “You know, the illustration they give all the time is: Well, states require people to buy auto insurance. Yeah, they do, if they want to drive,” said Hatch. “But here would be the first time where our [federal] government would demand that people buy something that they may or may not want.” “And, you know, if that’s the case, then we didn’t need a 'Cash for Clunkers,'” said Hatch. “All we had to do is have the federal government say you all got to buy new cars, no matter how tough it is on you. You know, they could require you to buy anything. And that isn’t America. That’s not freedom. That’s not constitutionally sound. Now, there may be some gimmicky way that they can do this, but I can’t think of a gimmicky way that would be constitutionally justified.” CNSNews.com also asked Sen. Burris, “If a person doesn’t want health insurance, do you think they should be required by the government to actually have to get it?” “Under state law, we have every one required to have automobile insurance,” said Burris. “Now, think about that. And so, under this here, we’re providing in the legislation where every one would be able to acquire health insurance.” If they don’t get it, then that would--certainly they’re trying to provide some type of a provision for them in case they're sick so that they will be covered and they won’t be a burden on the system. So, that’s the same thing proportionally to automobile insurance. I mean, it’s comparable,” said Burris. Original Article |
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