Can Obama and Congress Order You to Buy Broccoli?
· Wednesday, October 21, 2009
Can President Barack Obama and Congress enact legislation that orders Americans to buy broccoli? If so, where did they get that authority? What provision in the Constitution empowers the federal government to order an individual to buy a product he does not want?
This is not a question about nutrition. It is not a question about whether broccoli is good for you or about the relative merits of broccoli versus other foods. It is a question about the constitutional limits on the power of the federal government. It is a question about freedom.
Can President Obama and Congress enact legislation that orders Americans to buy health insurance? They might as well order Americans to buy broccoli. They have no legitimate authority to do either. Yet neither Obama nor the current leadership in Congress seems to care about the constitutional limits on their power.
They are now attempting to exert authority over the lives of Americans in a way no president and Congress has done before.
In 1994, when Congress last pondered a national health care plan that would require all Americans to purchase health insurance, the Congressional Budget Office studied the issue.
"A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action," the CBO concluded. "The government has never required people to buy any good or service as a condition of lawful residence in the United States."
When the Senate Finance Committee was debating its version of health care reform legislation this month, Republican Sen. Orrin Hatch of Utah tried to offer an amendment that would have expedited judicial review were the bill enacted because Hatch saw multiple constitutional problems with the proposal. Ordering individuals to buy health insurance was one of them.
"The only conceivable constitutional basis for Congress requiring that Americans purchase a particular good or service is the power to regulate interstate commerce," said Hatch.
"Even if the Supreme Court has expanded the commerce power, there has been one constant," Hatch continued. "Congress was always regulating activities in which people chose to engage. They might be non-commercial activities or intra-state activities, but they were activities."
Yet the committee's health care proposal, Hatch said, did something entirely different.
"Rather than regulate what people have chosen to do, it would require them to do something they have not chosen to do at all," he said. "If we have the power simply to order Americans to buy certain products, why did we need a Cash-for-Clunkers program or the upcoming program providing rebates for purchasing energy appliances? We could simply require Americans to buy certain cars, dishwashers or refrigerators."
Or broccoli, or carrots, or "medical marijuana" for that matter.
The Constitution's commerce clause is short and simple. It says: "The Congress shall have Power ... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."
Now, imagine an American sitting on his back porch casually enjoying the would-be anathematized state of not owning health insurance. When it comes to health insurance, this American has not been, is not and never intends to be engaged in any form of commerce with any entity in any foreign nation, distant state or Indian tribe.
If he did decide to engage in health-insurance related commerce with any entity in a foreign nation, distant state or Indian tribe, Congress could constitutionally regulate that action. But this American simply won't oblige. As a free person -- like generations of Americans before him -- he has weighed the risks and benefits of buying health insurance, and he has decided not to buy it. He is fully ready to accept the good and bad consequences of this decision.
All he wants from the government is to be left alone.
For President Obama and Congress to reach into this American's backyard and force him to buy health insurance would be a blatantly unconstitutional act.
But in the Finance Committee, Chairman Max Baucus, a Democrat from Montana, refused to allow a vote on Sen. Hatch's amendment to expedite judicial review of provisions in the health care bill. In this case, Baucus was punctilious about Senate rules on limits of his committee's authority. Hatch's amendment, he ruled, involved an issue under the jurisdiction of the Judiciary Committee. The Finance Committee must not touch it.
All versions of the health care bill under consideration in Congress would order Americans to buy health insurance. If any of these bills is enacted, the first thing it would accomplish is the amputation of a vital part of our Constitution, and the death of another measure of our liberty.
COPYRIGHT 2009 CREATORS.COM
Opinion
- Ann Coulter: My Health Care Plan
- George Will: Betting (Again) on an Education Fix
- Cal Thomas: Israel's New Enemy: America?
- Victor Davis Hanson: Another Partisan Push for Another 'Comprehensive Reform'?
- Larry Elder: Obama to America: Bend Over and Cough
- Matt Towery: Inappropriate Portrayal of First Lady Benefits No One
- Lawrence Kudlow: Is Dodd Ending Too Big to Fail?
- Michael Barone: What's Good for House Leaders Is Bad for Members
- Debra Saunders: Conyers Is the Wrong Guy To Chair Judiciary Committee
- R. Emmett Tyrrell: Moving Past Hillary
- Jeff Jacoby: Fixing 'the Mistake on the Lake'
- Jonah Goldberg: Reading Tea Party Leaves
- Michael Gerson: Democrats' True Colors
- Austin Bay: Obama's Iran Conundrum
- Jacob Sullum: Death in Juarez
Columnists
- Michael Barone
- Austin Bay
- Ken Blackwell
- Tony Blankley
- L. Brent Bozell
- Mona Charen
- Linda Chavez
- Ann Coulter
- Larry Elder
- Roy Exum
- Edwin J. Feulner
- Suzanne Fields
- Michael Gerson
- Jonah Goldberg
- Paul Greenberg
- Rebecca Hagelin
- Victor Davis Hanson
- Jeff Jacoby
- Terence Jeffrey
- Charles Krauthammer
- Lawrence Kudlow
- David Limbaugh
- Michelle Malkin
- William Murchison
- Peggy Noonan
- Oliver North
- Dennis Prager
- Burt Prelutsky
- Michael Reagan
- Debra Saunders
- Ben Shapiro
- Thomas Sowell
- John Stossel
- Jacob Sullum
- Cal Thomas
- Matt Towery
- R. Emmett Tyrrell
- George Will
- Walter E. Williams
The Patriot is not sustained by any political, special interest or parent organization, and we accept no advertising. Our mission and operations are funded entirely by the voluntary financial support of Patriots like you!



Doug Perdew
What is the first step in our right to protect ourselves from this horrifc condition that we find ourselves in. Where Are our military ? Hopefully they can remember the oath they took! And protect our citizens from these politicians that can not remember? If they need help I'm avaiable on twenty four hours notice !
Posted October 21, 2009 at 12:01:51 PM
Joe Oliva
Doug,
The first step is to recognize that the elites control both corrupt major parties as well as the MSM. We have been led down the the road to socialism for decades, no matter which party has held power. That of course is the reason, they are interested solely in power, not what is good for our nation.
If you want to restore Constitutional self government and reclaim the inheritance the elites have stolen from us and our kids, you have only one option, RUN FOR CONGRESS as an independent. If you start now, you can do it. There is also a website, GOOOH.com (Get Out Of Our House) that will help you do it. Check it out.
Posted October 21, 2009 at 1:47:46 PM
Fairtaxpair
Heard two people, one a talk show host and the other a call-in/listener on two different Conservative Talk Shows, talk about this article. Found it for myself. This, really, is inspired writing. Thanks much!
Posted October 21, 2009 at 9:40:14 PM
veritaseequitas
"Yet neither Obama nor the current leadership in Congress seems to care about the constitutional limits on their power."
And this is the crux of the matter. It is not about healthcare reform or health insurance reform, or anything else. All of the efforts by our elected "leaders" on "behalf of the people" are about nothing more than the consolidation of power by those in power, in an effort to strip Americans of their freedoms.
One of the only ways I can see of stopping all this evil is through a tax moratorium by every tax paying American. The federal government is assaulting the American people, it is time for the American people to return the favor.
Posted October 22, 2009 at 9:03:26 AM
trisha nelson
We all know that the Obama administration's actions
regarding health care, stimulus etc. are unconstitutional. I hear that over and over, but
I never hear what we are supposed to do about it.
When a government overreaches, how is the citizenry
supposed to respond according to the Constitution.
Please.....an action plan!
Trisha Nelson
Posted October 26, 2009 at 11:48:32 AM
K Johnson
Doug Perdew asked, "Where are our military?" But whose side will they be on? They take their orders from the government, Doug. That's why a British standing army was one of the affronts that's listed in the Declaration of Independence, and why the Constitution was written to prevent forever the federal government's establishment of a standing army. Have a look at the map: all of those great military installations, some of them larger than Rhode Island, were established after Mr. Lincoln's War finished off the Constitution, placed exactly where the spirit of secession was strongest. Ft. Knox, Fr. Leonard Wood, Ft. Donelson, Ft. Stewart, all of them. See how that works?
Posted October 26, 2009 at 11:54:08 AM
Nikoli A. McCracken
Well, the government, at least at the state level,
orders us to buy insurance, and we cannot legally drive without it.
If one, why not another? It also orders motorcycle riders to wear helmets. It orders us not to drive
while impaired on any substance, and I'm glad of that. I'm not saying I am in favor of the health bill just that the government can order us to do stuff. Did you sign up for the draft, when ordered to by your government?
Posted October 26, 2009 at 12:21:04 PM
Rachel Rose
True freedom means that you don't have to buy health insurance. It also means that YOU DON'T GET IT FOR 'FREE', or on the backs of the taxpayers, should you elect not to have it. If you don't buy health insurance and you have a car wreck, you don't get treatment unless you have someone willing to pay the full bill, or someone willing to extend you the credit and you get a giant $BILL$ when you're discharged, and if you don't pay it, you go to debtor's prison. You can't have it both ways!!! "I elect to have zero health insurance" and "I live in a wonderful & compassionate country where no one goes without health care". I have paid my health care premiums every month for decades, as a self-employed person, thinking that that was the responsible civic-minded thing to do, even though I never needed medical attention. Meanwhile others took their chances without it for decades, saving themselves multiple thousands of dollars.
Posted October 26, 2009 at 2:54:37 PM
KELLI2L
I absolutely object to having to buy into this administrations bossy/over-reaching healthcare reform.
It is not the kind of healthcare I prefer for my body. I have been taking good care of my health with supplements, herbs and living a healthy lifestyle; it has worked for me for many years. I don't see any mention of this type of care !!!
And I cannot afford to pay for My chosen system and the Administrations Reform system.......I have been used to what works for me - all these years, AND to be forced to also buy into a system that doesn't benefit my needs - - is totally unfare. To force people to buy something they don't want and don't need is just plain wrong. . . .
Posted October 26, 2009 at 3:06:50 PM
Dennis
Congress and Obama may force you to buy broccoli, but can they force you to eat it! If so, will a stool sample be required as proof of consumption?
Posted October 26, 2009 at 3:31:47 PM
Dennis
Congress and Obama may force you to buy broccoli, but can they force you to eat it! If so, will a stool sample be required as proof of consumption?
Posted October 26, 2009 at 3:51:24 PM
Al McClelland
How about a law suit,,,as in unconstitutional. To challenge this nonsense.
Posted October 27, 2009 at 12:50:55 PM
Miriam Kuipers
Trisha Nelson hit the nail on the head. Many of us "tea-bagger" supporters agree that something needs to be done, but standing around with homemade signs with a group of disgruntled Americans is only going to draw criticism and name-calling. Is there a group of honest lawyers that are willing to draw up a legal document formally challenging the actions of the politicians that gives us (as concerned citizens) a legal leg to stand on together? We need a solid legal argument that cannot be challenged (legally) or laughed at and ignored by our elected politicians that are supposed to be upholding the law and Constitution of the United States of America. This is a true plea for help before it is too late.
Posted October 27, 2009 at 5:47:23 PM
E Bifano
The day we allowed them to pass the good of the individual laws, Seat Belt and Motorcycle helmet laws - was the day Pandora's box was opened. The fed gov. can't really tell the states to do anything - they just withhold funds. We have Medicare, Medicaid and SS - the rest just simply follows.
Sad to say it's that simple.
Posted October 28, 2009 at 12:21:42 AM
Kevan
To start, we need term limits! Political Office was not intended to be a career. Why don't we as tax payers (shareholders) get to control the compensation our politicians receive just like they want to control the compensation the business execs receive that were bailed out with taxpayer funds? Throw in a some tort reform and you have a strong start to fix a lot of issues.
Posted October 28, 2009 at 12:11:18 PM
Aime Watts, Jr.
Didn't Congress send up a test balloon some time ago when they diktated that we will no longer be able to buy certain types of light bulbs and will have to use the mercury-based CFLs? Now they believe they can tell us what to and not to buy.
Congress's arrogance knows no bounds. They believe, with all their hearts, that they can do anything that a majority vote will pass and a President will sign. Insofar as Congress is concerned we have no Constitution any longer. So far they ignore Article I Section 8; but how long will it be before the rest of it is ignored and the very structure of our government is altered by Congressional fiat?
Something drastic needs to be done to stop these people - a Constitutional Convention might be one way, where we can impose term limits to muzzle their arrogance; and an amendment that clearly requires a Bill show which of the enumerated powers Congress has to implement it.
I'm sure we can all think of ways to constrain Congress (and the rest of government) but we need to have a Convention to begin with!
Posted October 28, 2009 at 5:57:12 PM
Tim
Why don't we just impeach Obama and the rest of those bum's
Posted October 30, 2009 at 4:33:25 PM
Michael Collins
As Thomas Jefferson once famously wrote (in a letter to James Madison): "I hold it that a little rebellion now and then is a good thing, and as necessary in the political world as storms in the physical."
Methinks the time draws near for a taxpayer's rebellion against this outrageous "Change". Another Tea Party anyone?
Posted November 3, 2009 at 3:02:54 PM
Jane Doe
Wow, I NEVER thought I would say this. But other countries sure are starting to look good about right now! If Healthcare Reform and/or Cap & Trade passes, I wouldn't think TWICE about totally turning my back on this soon-to-be- COMMUNIST NATION and move the He*# elsewhere! That is, if I had the $ and if Obama doesnt become the "World President" anywhere I GO!!
If either of those pass, I'm sorry but this nation is DOOMED. Which is what Obama & the Extreme "Lefts" wanted all along! To bankrupt us purposely and implement Gov. Healthcare as a means to CONTROL us all!
Hmmmm...maybe the rumors about those Fema Camps are true after all!! Maybe they're just waiting for those of us that wont cooperate!!!! Anybody proud to be American here anymore?!
Posted December 9, 2009 at 2:50:02 AM