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Congressman: Health Care Bill Authorized by "Good and Welfare Clause"

Bonnie Kristian
Mar 24, 2010 at 6:48 PM

Wait, what?  There is no "good and welfare clause."  As the Cato blog reports:

House Judiciary Committee Chairman John Conyers (D-MI) was asked on Friday where in the Constitution Congress gets the power to force people to buy health insurance.  He said, “Under several clauses, the good and welfare clause and a couple others.”

As it happens, there is no “good and welfare clause” — which Conyers should know, as both judiciary chairman and a lawyer.  But even if you excuse his casual use of constitutional language, what he probably means — the General Welfare Clause of Article I, Section 8 — is not a better answer.  What that clause does is limit Congress’s use of the powers enumerated elsewhere in that section to legislation that promotes ”the general welfare.” ... In any event, the General Welfare Clause doesn’t give Congress any additional powers — and I’d be curious to know what the other “several clauses” are.

Read more -- and watch the video of this exchange -- here.

This made me laugh out loud.

Elliot Engstrom's picture

Oh wait sorry, what I meant to say was:

LOLz!

Elliot Engstrom's picture

I actually heard about the legal trickery that has been used that makes the bill "constitutional." They apply a tax to everyone, but if you buy health insurance, then you are exempt from it. 

Brian Beyer's picture

This is the kind of B.S the Associated Students try to pull with their constitution at my college. I'm not surprised (Sadly enough).

Peter Tariche's picture