The Debate Over Healthcare Reform - Part II One of the objections to the Constitution that the Anti-Federalists raised during the ratification debates was over the so-called "general welfare clause." Like so many other of their fears that have come to pass, their concern over this clause being abused as it has been over the years, especially now, has become a reality. As I set forth in the previous post, Madison unequivocally rebuffed this application of the clause, and I want to offer one more quote from him to underscore this before moving on to my next point in these posts. In Federalist #41, in answer to the accusation by the Anti-Federalists that the clause would lead to an abuse of power and an expansion of the general government beyond its constitutional confines, he wrote of its usage in Article I Section 8 wherein are contained the "enumerated powers" of the new government: "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? Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars." In other words, the power of Congress as related to our "general welfare" is defined as and limited to those specifics that follow in that section of the Constitution. Therefore, since providing health insurance and health care is not enumerated within that list, then it cannot fall under the umbrella of "the general welfare." That having been said, is there no role for government in this area? I am not saying that; only that it is not within the purview of the general government. However, I shall touch on this in a later post. The other argument made in defense of government-provided health care is that such is "a right", and therefore falls under the obligation of the government to provide. But is it so? Any more it seems that everything that we could ever want, wish for, or feel we are entitled to is "a right", and therefore justifies government intervention. I shall deal with this notion next. Suffice it to say that I feel in these first two posts I have shown that if we are to be a constitutional republic, ruled by a limited government, then according to the document that not only gives the government its life but also defines its sphere of operation, our "federal" government is usurping its legitimate role when it assumes to step into the realm of health care and being a provider of health insurance. -FK
Posted on: Tue, 01 Oct 2013 02:41:20 +0000
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