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A reader asks:

Please elaborate on why the health bill is “unlawful” and against our constitution.  I am neither for or against this bill but you may shed some light that could sway my opinion.

The recently passed national health care bill is an affront to liberty and to proper government. The U.S. Constitution does not give the federal government plenary (that’s lawyer talk for “full” or “complete”) power. Rather, Article I, Section 8—along with a few other sections—specifically enumerate powers given to the federal government. The Tenth Amendment make it clear that all other powers are reserved to the states or the people.

The Commerce Clause authorizes Congress “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes . . . .” It is a real stretch to say that this power given to Congress permits Congress to require people to buy health insurance, or to pay for the health insurance of certain people, or to micromanage the health care industry in any way.

And when I say “a real stretch,” I mean you have to basically ignore the text of the Constitution because Congress is not delegated the power to meddle with health care in the way the bill allows. The Tenth Amendment reads, “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.”

So we get to the crux of it: Congress is not delegated the power to meddle with health care in the way the bill contemplates; and any powers not delegated to Congress are not Congress’ to assert. Therefore, the health care bill is unlawful.