A Virginia judge decided just over a week ago that ObamaCare’s mandate that people must purchase insurance exceeds the government’s constitutional authority. My local newspaper, the Las Vegas Review-Journal, then printed a letter (which must have been written before the decision) defending universal health care.
Today, the paper printed another letter responding to that one and, while it is excellent, it sadly isn’t mine, which I thought was pretty good itself. Since the paper doesn’t seem interested in it, here it is:
Frederick Spoerl wrongly denied the success of the profit motive and made many mistakes about the Constitution in his Friday letter defending ObamaCare.
He says that the Founders never envisioned America’s “tremendous growth,” yet in Federalist #10, Madison said one of the chief benefits of a republic is that it may be “extended” over a “greater sphere of country.” Indeed, as presidents, the Founders added several states and territories to the nation, including Jefferson’s Louisiana Purchase.
He criticizes those who would limit government size and scope, but ignores the tenth amendment, which says that the federal government may only be involved in things delineated in the Constitution itself.
Spoerl also writes that the Constitution denies voting to women and endorses segregation (neither of which it mentions at all), and promotes slavery. The Constitution opposes slavery. Article I, Section 2 thwarted the South’s desire for more representative power by limiting slave counting in the census, and Article I, Section 9 includes a ban on future importation of slaves.
Spoerl uses the “general welfare” clause of the Preamble to justify ObamaCare. Others had already thought that phrase could allow the government to do anything they saw as good, rather than the few specific things the Constitution defines as “general welfare,” and in Federalist #41, Madison responded to the misunderstanding: “a specification of the objects alluded to by these general terms, immediately follows….For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power?”
ObamaCare is unconstitutional, Mr. Spoerl, and your letter shows how ignorant of our founding charters someone must be to support it.