Pelosi Dodges Answering Question about Jailing All Americans Who Don’t Buy Unconstitutional Health Care (video)
Posted By Vicki McClure Davidson on November 13, 2009
Dance, Pelosi, dance faster!
Speaker of the House Nancy Pelosi wiggles and bounces around, not really answering the reporter’s question about whether it’s fair to throw people in jail (except Congress, of course) if they don’t buy health care insurance in the video below.
The reporter didn’t get to ask her if it was constitutional for the US government to force people to buy something and to penalize or incarcerate them for NOT spending their money as they are now trying to mandate… as is mandated in the 2,000-plus pages of the PelosiCare/ObamaCare bill.
“Is it fair?” isn’t the right question to be asking: “Is it constitutional?” is the more pertinent question.
House Speaker Nancy Pelosi Dodges Health Care Question | November 2009
From Hot Air: Pelosi: Jail time “very fair” for failing to buy your patriotic ObamaCare coverage:
It’s very fair to send people who disregard the federal mandate to buy health insurance to prison, Nancy Pelosi says, because otherwise they’ll assault citizens … with a bill for medical services … or something. Apparently, the occasionally unhealthy have become such a security risk that we need to imprison them for opting to pay their own way.
Stone: Do you think it’s fair to send people to jail who don’t buy health insurance?
Pelosi: … The legislation is very fair in this respect.
Of course, the other option is to make people responsible for paying their own bills. Nothing requires us to pick up the tab for people in clinics or emergency rooms, especially those who can afford to pay their way. This is the point that Pelosi and her statist colleagues seem to forget. People who choose not to buy coverage even though they could afford it assume the risk of paying out of pocket — and that may be a very rational choice, as it is most unlikely that those people would use $3,000 a month in medical services, which is what their insurance would cost now.
If nothing else, it reminds us that statism always comes with handcuffs, and those cuffs always get explained by either fairness or patriotism. In this case, Pelosi uses both.
Pelosi Asked Where Constitution Grants Congress Authority to Mandate Purchase of Health Insurance | October 2009
Pelosi’s Misleading Statement on the Constitutionality of Government Health Care
Video transcript by Rob Natelson:
Speaker Nancy Pelosi has issued a press release in which she purports to rebut those of us who have expressed doubts about the constitutionality of some health care reform plans.
Pelosi (or her ghostwriter) claims:
The 10th amendment to the U.S. Constitution states that the powers not delegated to the federal government by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people. But the Constitution gives Congress broad power to regulate activities that have an effect on interstate commerce. Congress has used this authority to regulate many aspects of American life, from labor relations to education to health care to agricultural production. Since virtually every aspect of the heath care system has an effect on interstate commerce, the power of Congress to regulate health care is essentially unlimited.
For several reasons, this is a highly misleading statement.
First, it fails to mention a concern expressed by many constitutional scholars, including those on the Left: Substantive due process.
Substantive due process is the doctrine by which the Supreme Court strikes down laws it deems unacceptably interfere with personal privacy or autonomy. Health care laws that, for example, limit ones ability to fund and control ones own health care could well run afoul of substantive due process rules.
Second, the statement fails to mention that, while the Supreme Court has upheld many delegations of power from Congress to executive branch agencies, the Court has affirmed repeatedly that there are limits. Some health care proposals involve wider delegations of authority than any since the New Deals National Reconstruction Administration (NRA) — which was invalidated by a unanimous Court.
Third, the Pelosi release disregards the fact that on several occasions the modern Supreme Court has struck down overreaching federal legislation, supposedly adopted under the Commerce Power. Also, on several occasions, the Court has interpreted congressional acts narrowly to avoid constitutional conflicts.
Fourth: Pelosi (or her speechwriter) clearly misstate the current Supreme Courts test for laws under the Constitutions Commerce Power. The statement that Congress can regulate activities that have an effect on interstate commerce should be that Congress can regulate economic activities that have a substantial effect on interstate commerce. Non-economic activities, such as some health care decisions, would have to meet a much stricter test. This may seem to be a minor mistake, but for legal purposes it is an important one, and one that, for the Speaker of the House of Representatives, is not easily excusable.
Finally, Pelosi (or her ghostwriter) commits the mistake of failing to look at wider judicial trends. One of these trends is the long-term movement by the Supreme Court toward interpreting the Constitution according to its real meaning the original understanding of the Founders and Ratifiers.
And virtually no knowledgeable person thinks government health care is constitutional under that standard.
Related reading:
Frugal Café Blog Zone: Jail-Time Mandate from Democrats: Prison, $25,000 Fines for Not Having Health Insurance and Best Tweet Ever, on ObamaCare/PelosiCare
Publius, Big Government: Committee Confirms: Comply With Pelosi-Care Or Go To Jail
FOX News, Under Baucus Bill, Mandate Penalty Could Lead to Prison, Congressional Analysts Say
The Freedom Post: LAURA INGRAHAM: “PELOSI DID EVERYTHING EXCEPT SELL HER OWN BODY” TO WIN HEALTH CARE VOTES
Le·gal In·sur·rec·tion, Of Course You Will Go To Jail and Census Adds Question About Health Insurance and Lying About The Public Option With Polls
Politico: Ensign receives handwritten confirmation
Gateway Pundit: Liberty Dies… To Thunderous Applause and Unreal– Obamacare Violators Will Face Up to One Year in Jail and Michelle Bachman on Pelosi Health Care Bill: “This Is the Crown Jewel of Socialism” (Video)
Hot Air: Video: 3 reasons ObamaCare will be a budget buster and New crime in HopeandChange Era? Failure to insure and Baucus’ Plan or Why Not Copying Zimbabwe’s Health Care System?
U4Prez: Fines And Prison Await Those Who Refuse To Buy Mandatory Health Insurance
Sister Toldjah: Socialized healthcare and the “choice” lie
Politics 24/7: Those Who Refuse To Buy Mandatory Obamacare Face Fines And Prison and Is This Administration For Real? Welcome To The Mirror Universe.
Countenance Blog: PelosiCare: Go Directly to Jail. Do Not Pass Go, Do Not Collect $200.
Liberty Cap Press: A year in jail for not buying health insurance (and/or $25,000 fine)
VotingFemale Speaks!: ObamaCare will imprison you if you do not obey
DC Smell Publications: Buy Health Insurance Or Go To Jail 1 To 5 Years Plus $2.500 To $100.000 Fine
Joseph Lawler, The American Spectator: The Avril Lavigne Corollary
Gregory Conko, Big Government: Baucus Bill is a Cure Worse than the Disease
QandO: Criminalizing “Choice”
Dr. David Janda, Big Government: Obama’s Two-Part Health Care Plan is Hazardous to Your Health
GayPatriot, House Democrats vote to increase Republican gains in 2010
Thomas Sowell, Real Clear Politics: Making Health Care Worse
Pennsylvania Firearm Owners Association: Committee Confirms: Comply With Pelosi-Care Or Go To Jail
Joseph C. Philips, Big Hollywood: Health Care Analogies
Doug O’Brien, Big Government: Obama and Health Care: TheSilver tongue Versus the Tin Ear
Say Anything: Here’s A Thought: If The Federal Government Mandates Health Insurance What Do The Amish People Do?
Nice Deb: We Just Don’t Know What’s Good For Us
Gov. Tim Pawlenty (R-MN), Big Government: The Baucus Prescription: Higher Taxes and Higher Premiums (Updated)
Odd Citizen: Stealthy Attack on Health and Liberty
Derek Hunter, Big Government: The Party of “No Ideas” Vs The Party of Failed Ideas – The Fight Between Conservatives and the Media on Health Reform
Law of the Bad Premise: Health Care Compromise
American Missive: ObamaCare: Insurance or Prison
Smart Girl Politics: Cao – Bought and paid for with OUR money!!!
Motor City Times: Joseph Cao: The Lone Republican Who voted For Socialized Medicine
Publius, Big Government: Pelosi’s Gift to Insurance Companies: Immunity from Lawsuits
About the author
Pelosi knows that she and her left wing party politics will be substantially reduced in the next election cycle.
Their dismissal of the conservative voice making itself heard across the Country is indicative of the fact that they are aware of the time that they have to pass these socialistic policies.
This administration, and the liberal congress is their “perfect storm”.
It’s now or never because they will never see this opportunity again for years.
Obama is ruining his reputation among the world leaders by demeaning this country everywhere he goes.
The European and Asian leaders see this.
The leaders of ex-communistic countries see this.
Obama is determined to take down our economy and reduce us to a banana republic, applauded by the likes of Castro.
As Sean Hannity says, “Let not your heart be troubled”.
The People of this great Country have our EYES WIDE OPEN.