The Tenth Amendment and Health Care
Lee’s Summit, May 3rd, 2010 – I got curious since all these states have been talking about fighting health care in federal court to see the basis in the constitution. We all can just about quote that the constitution limits the power of the Federal Government to those specifically enumerated in the Constitution.
When I took my citizenship test I learned the constitution, but I had not read it since. So here’s what the Tenth Amendment to the constitution says:
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.
OK, so this is pretty clearly stated; if the Constitution does not “specifically” grant a power to the Federal Government, then it is left to the individual states to enact as each states deems appropriate. That to me seems very clear. But like with everything else that has to do with law, there are further interpretations in actual case history.
The legal definition of the Tenth Amendment is covered nicely in a site by the same name found at: http://www.lectlaw.com/def2/t065.htm take a look at it for full details. Some of the case law is public domain so I’ll save you a couple of clicks, but you should read it from their site and do your own evaluation.
The Tenth Amendment provides that ” 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. ” U.S. Const. amend. X. As a textual matter, therefore, the Tenth Amendment “states but a truism that all is retained which has not been surrendered.” United States v. Darby, 312 U.S. 100, 124 (1941). By its terms, the Amendment does not purport to limit the commerce power or any other enumerated power of Congress.
Will Kraus, State Representative now running for the Missouri Senate’s 5th District sponsored a resolution (HJR 48, 50 & 57) that “would give us the opportunity to vote on a constitutional amendment that would prohibit forcing Missourians to participate in any health care system and would prohibit penalizing any one for refusing to purchase private health insurance.” As quoted from his campaign site front page. Sadly after passing the House on March 16, 2010 it still shows that the resolutions are not part of the current schedule nor have they been acted on.
That is the point of an earlier Blog Post; we need people who will take action, not simply talk about it. Will Kraus and the House passed the resolution, now it is turn for the Senate to take action. We the People of the great State of Missouri have a right to have our State Rights – as defined in the Constitution – defended. Will Krause and the House have done their job; what is the Senate waiting for? We need people like Representative Kraus who will not sit on the sidelines and await the political winds, we need solid conservatives who stand up for the Constitution and whether they like it or not on a specific issue they must uphold it.
Our Constitution has served us well and as passed the test of time; it is time that people take action and stand up for what they believe. Not simply with words, but with “actions”.
The Bill of Rights defines clearly what the Federal Government cannot do, and it also calls to all of us to live up to our responsibilities. A friend of mine and I speak often about honor for the last few years, and we’ve come up with a definition that seems to fit many of the things we face day to day: Do the Right Thing, For the Right Reason, Regardless of Personal Consequence.
To me defending the Constitution falls within this definition of Honor. We need people who will do the right thing (note that implies ACTION) and it this is to be peaceful, and legal but firm in your beliefs.
Those who protect the law must stay within the law, and the supreme law of the United States is the Constitution, and the branch of Government tasked with its interpretation is the Supreme Court. It is time that this health care bill be properly tested; and we as citizens and our representatives in the state house and senate should endeavor to take the challenge all the way to the Supreme Court..
Write to your State Representative, and your State Senators as well as the State’s Attorneys General and let your voice be heard; let them know we want this bill tested in the Supreme Court.
The Lee’s Summit Conservative