No

by W. H. Lindgren

Created on: January 17, 2010   Last Updated: January 18, 2010

The United States Constitution makes plain and clear which very specific powers are vested in each branch of government. Health care, as with any other area of business and industry, is obviously a function of commerce.

The payment of money for goods and services is a literal definition of commerce, so purchasing insurance, medical services, hospital care, pharmaceuticals, prosthetics, etc., etc., all come under the powers of regulating commerce assigned to Congress.

First, however, the Preamble states "We the People of the United States in Order to form a more perfect Union . . . promote the general Welfare. . . ." There are people and politicians in the United States who have a great deal of difficulty understanding the meaning of those last four words quoted, especially "welfare."

At the time, now, and probably for many centuries to come the word means "health, happiness, or prosperity; well-being," which is not all that difficult to understand.

Thus, in the initial 29 words of the Constitution the meaning, purpose and intent of the document is to accomplish 6 named objectives, one of them is general welfare and the word means health and well-being. The Constitution obviously "ordains" and "establishes" the outright obligation to generate healthcare.

Next, "all legislative powers" are granted to Congress, the House and Senate are defined, and then their powers are enumerated. After those sections, the framers of the Constitution authorize taxation and then specifically wrote what the taxes are to be used for: "common Defence and general Welfare." There's that health and well-being concept again, and it's immediately followed by the authority to borrow money.

Within a few sentences in the first part of the Constitution, almost every possible definition, interpretation and function of a national healthcare plan are specifically authorized by the document.

Promoting the general welfare is required, collecting taxes to pay for general welfare is detailed and borrowing money, if needed, to accomplish the objective is authorized.

But . . . to totally seal the deal, the Constitution then reads "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Regulating commerce among the states is a power specifically assigned to Congress.

That sentence, alone, indicates that any part of healthcare, all of healthcare and everything connected with healthcare is subject to regulation by the Congress of the United States.

However, there's actually even more. "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

Because there is a Department of Health and Human Services, Congress is once again "ordained" to "make all laws" for that department to function effectively.

These words are far too specific and straightforward for any literate person to question whether a national healthcare plan is constitutional. In fact, it appears as if the Constitution actually requires that Congress do everything in its enumerated, established and ordained powers to promote the general welfare by collecting the taxes, or borrowing the money, and implementing a healthcare plan that carefully regulates every aspect of healthcare related commerce among the "several States."

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