The Framers Had Doctors, Too: Judge Andrew Napolitano Explains The Commerce ClauseMay. 24, 2010
The Congress shall have the Power To . . . regulate Commerce with foreign Nations, and among the several States, and with Indian tribes. ...
Article I, Section 8, United States Constitution: "The Commerce Clause"
Many in Congress admit they don't know where in the U.S. Constitution (the document they swear to uphold) it says Congress has the power to takeover health care or interfere in any aspect of the economy. Others, ignorantly, say it's in the Commerce Clause. Still others know they don't have the authority, but live a lie in order to consolidate power in government, rather than the people, to further their statist aims (See U.S. Rep. Phil Hare). A very few, unfortunately, know that the power is nowhere to be found in the document.
Above is the Commerce Clause verbatim. It clearly means that the federal government's only role is to ensure the equal treatment of commerce across borders, whether with other countries, native tribes or "among the several States." That's right! States! Notice the equal footing the Framers gave states with "foreign Nations" — both are capitalized. The Framers did not want New Jersey, for example, taxing goods coming into it from New York differently than it did goods coming into it from Virginia. Similarly, New Jersey and Virginia couldn't impose different tariffs on goods from England; the central government would referee that and put a uniform tariff on imports coming into the country at any port.
The Commerce Clause, then, had nothing to do with individuals conducting their own transactions, much less conducting the personal business of seeking treatment or medical advice. It means just what it says. Pretty simple.
Clarifying it further is former Judge Andrew Napolitano, seen on the Fox News Channel as its senior judicial analyst and heard on his own Fox News Radio program. Here is a telling excerpt from a piece he wrote for the Wall Street Journal last September:
I asked South Carolina Congressman James Clyburn, the third-ranking Democrat in the House of Representatives, where in the Constitution it authorizes the federal government to regulate the delivery of health care. He replied: "There's nothing in the Constitution that says that the federal government has anything to do with most of the stuff we do."
Rep. Clyburn, like many of his colleagues, seems to have conveniently forgotten that the federal government has only specific enumerated powers. He also seems to have overlooked the Ninth and 10th Amendments, which limit Congress's powers only to those granted in the Constitution.
One of those powers — the power "to regulate" interstate commerce — is the favorite hook on which Congress hangs its hat in order to justify the regulation of anything it wants to control. ...
James Madison, who argued that to regulate meant to keep regular, would have shuddered at such circular reasoning. Madison's understanding was the commonly held one in 1789, since the principle reason for the Constitutional Convention was to establish a central government that would prevent ruinous state-imposed tariffs that favored in-state businesses. It would do so by assuring that commerce between the states was kept "regular."
In the video below, Judge Napolitano, the youngest Superior Court Judge in New Jersey history, expounds on the original intent of James Madison and the Framers as well as the evils of an all-powerful, big-government. (The Framers had doctors, too, and saw no need to mention "health care" in the Constitution!) Look no further than what the 18th century definition of "regulate" meant to know today's government is out of control. The article, linked above, and the video, are well worth the big education you will get for such a short expenditure of your time.
Judge Andrew Napolitano: If the Framers thought health was a constitutional power, they would've mentioned it. After all, people got sick, then, too.
VEA/NEA Endorse Policy Contrary To Virginia Law At The Expense Of EducationJul. 10, 2009
Yesterday,we reported on the VEA's proud go-along at the NEA national convention endorsing same-sex marriage (see here). Instead of concetrating on issues that matter to teachers and improving education, the VEA has endorsed advocating a radical left-wing policy in contradiction of the Virginia Constitution and statutory law. The president of the VEA, Dr. Kitty J. Boitnott, responded to our post with a long comment on the thread stating that our take on the VEA/NEA position wasn't exactly what the convention meant with its lock-step adoption of the radical homosexual agenda. She goes on about "social justice." What any of this has to do with teaching clearly is beyond most parents' concerns for their children's education.
Not only is the homosexual marriage resolution contrary to the views of a majority of Virginians, she did not answer our concern about whether the VEA, with this policy position, now will encourage its member teachers to ignore the new traditional marriage guidelines to the Family Life Education curriculum. A true conflict of interest now is on the record.
Adopting a radical agenda contrary to Virginia law. Wasting time on matters completely non-germane to education. A significant conflict of interest.
We report. You decide. Below is the resolution:
NEA Representative Assembly New Business Items (NBIs) NEW BUSINESS ITEM E ADOPTED
"Resolutions B-13 (Racism, Sexism, Sexual Orientation, and Gender Identification Discrimination) and I-13 (Civil Rights) set forth NEA's opposition to the discriminatory treatment of same-sex couples and its belief that such couples should have the same legal rights and benefits as similarly-situated heterosexual couples. The Legislative Program is in accord: NEA supports "obtaining, preserving, and strengthening basic civil and human rights under law," and specifically calls for "passage of a federal statute prohibiting employment discrimination on the basis of sexual orientation or gender identity and expression." Section IV(b). In implementation of the foregoing policies, the Representative Assembly adopts the following action plan with regard to same-sex couples:
1. NEA will support its affiliates seeking to enact state legislation that guarantees to same-sex couples the right to enter into a legally recognized relationship pursuant to which they have the same rights and benefits as similarly-situated heterosexual couples, including, without limitation, rights and benefits with regard to medical decisions, taxes, inheritance, adoption, and immigration.
2. NEA does not believe that a single term must be used to designate this legally recognized "equal treatment" relationship, and recommends that each state decide for itself whether "marriage," "civil union," "domestic partnership," or some other term is most appropriate based upon the cultural, social, and religious values of its citizenry.
3. NEA will support its affiliates in opposing state constitutional and/or statutory provisions that could have the effect of prohibiting the state and its political subdivisions from providing the same rights and benefits to same-sex couples as are provided to similarly-situated heterosexual couples.
4. NEA will take such actions as may be appropriate to support efforts to (a) repeal any federal legislation and/or regulations that discriminate against same-sex couples, and (b) enact federal legislation and/or regulations that treat same-sex couples and similarly-situated heterosexual couples equally with regard to social security, health care, taxation, and other federal rights and benefits.
5. NEA recognizes that the term "marriage" has religious connotations and that same-sex marriages may not be compatible with the beliefs, values, and/or practices of certain religions. Because of its support for the separation of church and state and the right to religious freedom guaranteed by the First Amendment to the United States Constitution, NEA supports the right of religious institutions to refuse to perform or recognize same-sex marriages.
The Executive Committee will monitor the implementation of this New Business Item, and keep NEA affiliates informed of actions taken to achieve its objectives."