Health Care Reform Is Not An Issue Of States Rights

An increasingly vocal and visible wing of the Republican party opposes national health insurance reform on the basis that such reform would be unconstitutional. Their argument is, essentially, that the Tenth Amendment to the Constitution prohibits any social spending programs at all, including Social Security, Medicare, and Medicaid, because those programs are not specifically enumerated in the list of items Congress may spend money on. Their intellectual foundation is simply the language of the amendment that 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.”

“Tenthers” as they are known even have their own constitutional conspiracy story to buttress this argument. According to tenthers, New Deal reforms establishing the first social safety net were the amount of a constitutional coup orchestrated by power-hungry elite who sought to leverage the desperation resulting from the Depression into an all-out power grab for the federal government. According to tenthers the federal minimum wage violates state sovereignty and employment discrimination laws unlawfully reach into the purview of local business, all because those specific pieces of legislation do not appear in the Article 1 itemization of federal powers. With the ongoing debate surrounding just how to reform the health insurance industry, this country is witnessing a resurgence in tenther idology.

But just as the tenthers before them, these new ideologues ignore direct constitutional support for health insurance reform. That constitutional support comes from the power of Congress to “lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States.” This ability to tax, and then spend, revenue on programs that would benefit the American public has been the foundation for nearly every social services program in existence today.

Tenthers reject this literal meaning of this language (and use this as basis to argue against public education, for example) and point to comments made by James Madison that such spending is really only allowed when it advances one of Congress’ other enumerated powers, like building post offices or waging war. Of course this sound-bite ignores both the actual language of the Constitution (and supporting jurisprudence) as well as Madison’s remaining historical record that rejects such a limited understanding of the welfare clause, as evidenced by appointment of Hamiltonian Joseph Story to the Supreme Court, for example.

But moving away from the historical arguments against the tenther position, a more dangerous thread emerges in tenther rhetoric. Tenthers espouse a new form of totalitarianism, one that completely rejects the will of the majority of the electorate that supports these social welfare programs. If given their way, tenthers would dismantle the very progressive legislation that prevented the worst recession in thirty years from spiraling into a second Great Depression, despite the fact that those programs were enacted with broad electoral support.

Just as public schools, Social Security, Medicare and Medicaid are all constitutional, so too is health care reform. The argument that tax dollars cannot be spent insuring the health of the American public ignores nearly a century of constitutional law to the contrary and disregards the voice of the American public. Quite simply, debating the issue beyond just putting it to bed only furthers the obstructionist agenda of the right rather than coming to consensus on how best to provide for the general health and welfare of our citizens. Enough.

For more on the health care speech and its impact:

Breaking Health Care Reform into Distinct Logical Steps

Unremarkable – Rep. Boustany and the GOP Response

Obama Scolds Republicans, Defends Public Option

Obama Makes Moral Case for Health Care Reform/

Engaged Presidential Leadership Required

photo courtesy of uhuru1701 via Flickr

Disclaimer: The views expressed above are solely those of the author and may not reflect those of
Care2, Inc., its employees or advertisers.

Cindy M.

1:57PM PDT on Sep 14, 2009

We can be thankful that Mark G is not Cheif Justice. LOL General welfare pretty-much opens it up to dang near anything that's in the interest of the people.

Plus, the Supremes (jurists, not backup singers for Diana Ross) are always considering Framer intent. Adams, the principle author of the US Constitution (Adams' MA Commonwealth Consitution was the template), was a big time federalist. Jefferson, the elite Virginian, was more of a states' rights guy, but effectively blew his wad on separation of Church and State. Jefferson essentially conceded the balance to others, most notably Adams -- a full-on federalist guy.

The USA grants big time authority to the Fed. Simple as that.

-cindy

send a green star

Jessica P.

8:58PM PDT on Sep 11, 2009

Mark G: when there is an ambiguity in a contract, you interpret it against the drafter; in this case, if there is an ambiguity you favor an interpretation that favors the minority (citizens) versus the entrenched power. Regardless, the jurisprudence is clear and the tenthers are wrong. Please show me a single case that says otherwise.

Dragonfly C.

10:48AM PDT on Sep 11, 2009

We have to be able to find a happy medium between capitalism and socialism because there are good and bad things about both, in my opinion. The community and sharing of socialism is attractive after all we've been through with wall street, the banks and car companies. Now the insurance companies want a bail out, via the Baucus Corporate Caucus bill. Not only do they think it's okay, what they've done, but they want so badly for it to continue. This is where government becomes the only entity we can trust. I see America as a blend of the good parts of capitalism, and the regulatory ways of socialism. You cannot trust greedy people with the welfare of your people. I call that "Death Panelism"

This unconsitutional stuff, saying dems are trying to be socialists is unfair. We've been brought in to clean up the mess and the only mechanism we have is government run, because privately run screwed the pooch. Now maybe the word will get around that "America loves competition, but if you are unfair to the people you better get ready for a full check up your anus with a flashlight." If we have to make people respect what's right through regulation, and a public option, so be it. Any true capitalist would never argue against fair competition. Trim that 30% off your overhead and you'll be heading in the right direction. Make serving the public in a fair and caring way your number one concern. That's what America's about, helping consumers.

Mark G.

9:50AM PDT on Sep 11, 2009

Ms. Pieklo, You are wrong, particularly about the literalism. I don't mind the expectation of literalism. But it is the tenthers who are being most literal. the welfare clause justifies 'general welfare'. Nowhere does it justify 'specific welfare'.
Documents are written with words so that they can be adhered to without guess work, like a contract.

To Aiki, While I have the greatest of mistrust for Glen Beck, I don't think a charge of racism is justified. In fact the prevailing evidence of racism in our country lately has all been from either Federal agencies or their minions/accomplices like the Southern Poverty Law Center and the Anti-Defamation League. The FBI and other law enforcement black-operations have been at the forefront of KKK leadership and probably more than half of it's population. Sure there are some misguided idiots that get brought along. But I cannot condone their routine M.O. of entrapment. They have actually created more racism than they have protected us from.

Racism is being used far too much lately to brand anyone in disagreement with the current administration. I say horse-hockey. Address the points, or you cannot contribute substantively. If I see Obama as a glorified mobster and portray him as the Joker in Batman, that is not racism. It is me calling him a crook and a puppet of the criminal banksters.

david c.

12:04PM PDT on Sep 10, 2009

as i sit here and watch ,all the crap been told about health care by the Republican 's , it make's me sick to watch how low they will go to screw their own people , with lies and back handers the fact that the president is doing all he can to help make sure that all people can get medical care is great , unlike mr bush who went out of his way to start two wars , i guess it does not matter as long as its not his kids been killed and sent home in a box ??? its sour grapes for the republicans, shame on you fools for selling out your own people

Jamie C.

10:25AM PDT on Sep 10, 2009

"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."

The people DEMAND it! They DEMAND health care.

10:24AM PDT on Sep 10, 2009

It is also against the constitution to have cruel and unusual punishment. Denying a poor person health care is exactly that cruel and unusual punishment to treat a person worse than a dog.

Gabriela A.

9:26AM PDT on Sep 10, 2009

In Response to Jacky R.: First of all, Learn To Spell-Hannity and O'Reilly..Secondly, You are Sadly mistaken if you think that these men have anything based in Actual Fact to contribute to the news, if you can call Fox News a Real News station. The worst partisan bigots EVER! Ugh..the ignorance is astounding.

Jackie R.

8:39AM PDT on Sep 10, 2009

Fox news,Glenn Beck,Hanidy, and Bill Oreily
are the only one,s to tell the truth about
Obama and his cronies,the rest are so high
on Obamba that they will cover it up.

Aiki D.

7:45AM PDT on Sep 10, 2009

Beck is one of the worst racist-hate-mongers his generation has produced, and it’s not surprising that those like him are empowering him. And it’s not really surprising how many poor, uneducated, fearful wretches are mesmerized by him. What is disturbing is how many so-called educated, free-thinking conservatives are also mesmerized by him, or at least fain legitimacy for him… I guess there really is justice in the universe; we get what we deserve… we created him and his likes, we empower them, thus we deserve them… It’s long past time to clean house…