Rep. Lewis: Declaration's ‘Pursuit of Happiness’ allows congress to force you to buy insurance

[The Straight Story]

Rep. John Lewis Says Declaration's ‘Pursuit of Happiness’ Language and 14th Amendment Authorize Congress to Force People to Buy Health Insurance

(CNSNews.com) -Rep. John Lewis (D-Ga.) said on Tuesday that the government should require individuals to buy health insurance and cited the Preamble to the Constitution, the Declaration of Independence’s “pursuit of happiness” language and the 14th Amendment as the sources of Congress’ authority to enact such a mandate.

“I think people should be required to get health insurance. We require people to get insurance for their automobile state by state but the federal government has an obligation to encourage by law, moral persuasion, to get people to get health insurance,” Lewis told CNSNews.com on Tuesday after a House Democratic Steering and Policy Committee hearing in opposition to Republican efforts to repeal the health-care law enacted last year.


One of the primary complaints Republicans have had about the health-care law is that it forces individuals to buy health insurance, which entails a power that many Republicans argue the Constitution does not give to Congress. Currently, 27 states are suing the federal government, arguing that the health-care law is in fact unconstitutional.

CNSNews.com also asked Lewis what part of the Constitution gives Congress the authority to require individuals to buy health insurance.

“Well, when you start off with the Preamble of the Constitution, you talk about the pursuit of happiness," said Lewis. "You go to the 14th Amendment--it’s equal protection under the law and we have not repealed the 14th Amendment. People have a right to have health care. It’s not a privilege but a right."


http://www.cnsnews.com/news/article/rep-john-lewis-pursuit-happiness-and-14t#

[hobbit709]

1. Say What?!?!

[mmonk]

2. Bad use of our documents.

Article 1, Sec. 8 would be a better place to look.

[Statistical]

13. Exactly "To regulate commerce with foreign nations, and among the several states, and"

"To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;"

I don't believe the mandate IS Constitutional but the government has already used this as their defense. If it IS found Constitutional it will be the very broad interpretation of the Commerce Clause.

[mmonk]

17. The commerce clause was also used in establishment of the civil rights

movement.

[Warren Stupidity]

3. Well he is wrong about that.

The Declaration has no legal standing. The Constitution however does, and there is that pesky preamble that clearly states that one of the roles of the government, the federal government, is to provide for the general welfare. The government can and does mandate participation in the universal retirement insurance program, and has now mandated participation in the universal health insurance program.

[Gaedel]

10. Not exactly

"provide" for the common defense

"promote" the general welfare

[Statistical]

12. The courts have found the preamble to be non binding.

It is a declaration of intent. The Articles spell out the specific powers granted to realize those lofty goals.

Still you are right one would think if he were to (incorrectly) pick something "promote the general Welfare" would be chosen.

[cali]

4. that's just pathetic. talk about grasping at straws.

[upi402]

5. FALSE post...

He muttered that as a lead-in to the 14th amendment. He was supporting the foundational claim to value for his prime premise - the 14th Amendment. Intent, then premise as support. Valid argumentation.

FALSE post header. Not the straight story. Show some respect for this great man.

[The Straight Story]

9. Full header (which does not fit due to space limitations)

Home » News
Rep. John Lewis Says Declaration's ‘Pursuit of Happiness’ Language and 14th Amendment Authorize Congress to Force People to Buy Health Insurance

If someone only reads headlines and not the article then I don't know what to say...

[upi402]

18. BAIT

It's often considered bait on a forum, when the header misleads like that.

You hold responsible the victims of bait, fair enough I guess. Buyer beware.

[LiberalFighter]

6. CNS News is not a legitimate news organization.

Media Research Center is the parent organization of CNS News and a right wing organization.

[Vinca]

7. I would only be pursuing happiness if it was single-payer.

Throwing money at big insurance makes me ill.

[InkAddict]

8. I'd like to see some "moral persuasion"at the highest levels that Americans with

non-dischargeable Federal(ly) partnered loans get lots of extra points in their Pursuit of Happiness and a job commensurate with the careers that were stolen and sent away to persons, American or not, who don't have those loans...Don't our Royal Leaders want those loans repaid. They could ensure it by hiring lendees at a salary that ensures purchase of a fantastic HCR-policy, not another subsidized product. Dead persons with no estates pay back no loans!

[Statistical]

11. HOLY SHIT! Sad when the government doesn't understand how the government is granted power ...

First. I mean I think the mandate is Unconstitutional but if it IS Constitutional it is via the Commerce Clause. The US government already made that defense in Virginia lawsuit.

Second. He is aware the Declaration isn't binding in the sense of granting powers right? That the current government didn't exist at the time of the Declaration. Also I am not sure he is aware that the Declaration of Independence and Constitution are two different documents as in one part he say DOI and the other he says Preamble of the Constitution.

Third. Multiple Supreme Court precedents have found the preamble of the Constitution to not be binding.

Lastly. Even if one were to pick something from the preamble would you think "promote the general Welfare" would be a better fit.

[kenny blankenship]

14. John Lewis tried to hold out for a better bill, but then Baucus and Obama prevailed

and we got the Shit Insurance Is Now Mandatory Act, instead of health care. Now as a Democrat, he feels obliged to defend the few good advancements of Obama's legislative legacy. That's what happens when you pass shit compromises and lock the party into pretending the overwhelmingly bad nature of the law can be fixed later: good people like John Lewis end up tarnishing themselves with frankly ridiculous arguments trying to defend the indefensible.

Don't judge Lewis by this episode. Remember the "negotiations" over the health care insurance fraud bill. He really tried to hold out for something real and better.

[Odin2005]

15. Fucking BULLSHIT!

[robcon]

16. WOW! I think Lewis is quite misinformed.

n/t

[WinkyDink]

19. The DoI is not a legal document. Moreover, "a right" by definition is that which has no PRICE TAG,

YOU MORON.