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Comments about ‘Letters: Interpreting the Constitution’

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Published: Tuesday, Oct. 1 2013 12:00 a.m. MDT

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Roland Kayser
Cottonwood Heights, UT

If Medicare is constitutional, Obamacare is constitutional. The Supreme Court says that both of them are, and that's good enough for me.

ECR
Burke, VA

As the author points out, Hamilton spoke with the intention to limit the power of Congress with regard to the general welfare of nation, no doubt fearing that things might run amok in that regard. But just as clearly, Hamilton believed in the processes set forth in the Constitution. One clear process is that the Supreme Court should rule on the Constitutionality of any law passed by the Congress. In the case of the Affordable Care Act, the Supreme Court has done just that and ruled that it is Constitutional. Call it a ruling in favor of a tax or whatever you care to but the court ruled that it's provisions are Constitutional.

I know the Republicans were counting on the court to say otherwise and they were disappointed by the decision. Just like I know the Republicans hoped the last presidential election would be a rebuke to the Obama Administration and they were just as disappointed. So now is the time for them to buck up and accept reality - the Supreme Court ruled in favor of the ACA and the American people made a choice in the national election to support the leading proponent of the ACA.

Furry1993
Ogden, UT

The constitution specifically allows congress to do whatever is necessary and proper to, among other things, promote the general welfare of the United States. The Affordable Care Act (originally drafted by the extremely conservative Heritage Foundation) promotes the general welfare of the United States. Therefore its establishment is clearly within the specifically granted powers found in the US Constitution. Alexander Hamilton was right. Brad Daw is not.

one vote
Salt Lake City, UT

Not according the the supreme Court of the United States.

JoeBlow
Far East USA, SC

By this logic, wouldn't Medicare part D and No Child left Behind also fall into that category?
(along with hundreds, if not thousands of other programs)

Only 25 Republicans voted against Med Part D, the largest entitlement expansion in decades.

I find it curious (and partisan perhaps) that so many want to use selective logic when dealing with things that they don't want, by parties that they don't like.

If the logic was applied universally and uniformly, the GOP would have no true following by conservatives.

But, that is not the case. Why do you think that is?

CHS 85
Sandy, UT

If the Republicans want so badly to remove the Affordable Care Act, they need to take the Senate and the Presidency - then they can follow the constitutional procedures to pass a new law or remove a law. The current law, which was passed by the House, the Senate, signed by the President, and reviewed by the Supreme Court, is now the law of the land. You not liking it does not change that fact.

LDS Liberal
Farmington, UT

Look --
If you want to live in 1787, that's fine by me.

You are free to move to remote, unpopulated area,
build your one room cabin,
dig a well,
grow your own garden,
use your gun to shoot your food and protect yourself [if you have a neighbor - form that well TRAINED militia also required],
chop your wood,
pay next to nothing in taxes,
live "free" and die.

The rest of us understand that the Founding Father were intentionally vague and allowed for interpretations of the "intent" of the Constitution to allow for it to stand the test of time and allow for...(here it is, I know you ultra-cons are going to hate this)...PROGRESS.

Guys like this will aruge we can't have an Air Force because only "army" or "navy" is spelled out.

Mountanman
Hayden, ID

Democrats don't care about the constitution one bit! Obamcare was passed without one GOP vote, declared constitutional by the SCOTUS only as it was declared a tax. Since then, Obama has illegally and unconstitutionally mandated at least 17 changes in the law, without any congressional approval. Obama has given waivers to financial supporters and themselves illegally! The GOP and honest Americans everywhere are saying, "Wait a minute, I want an exemption too"! But this mess is forced upon the middle class. But Obama and the Democrats are outraged by some Americans wanting fairness and the rule of law adhered to. Honesty, integrity and the rule of law applied equally and fairly to which the Democrats object to. Note to you Demos, your phony and illegally administered ACA is very unpopular and you can expect an uprising against your party and you will lose at the polls future elections!

Mountanman
Hayden, ID

@ Joe Blow. Democrats and Obama are unfairly, unconstitutionally and illegally changing the implementation of Obamacare as Obama has mandated at least 17 changes without congressional approval and has given waivers to his rich and powerful friends and themselves. Why do you think Obamacare is so very unpopular with the middle class? Now you know!

watchman
Salt Lake City, UT

I'm with you, Brad. England picked and chose what he wanted to use of Hamilton's statements to support the feds all inclusive interpretation of the general welfare.

With his interpretation there are no limits.

No One Of Consequence
West Jordan, UT

Just ask yourself this: Do you have more or less freedom today than you did yesterday?

All three branches of our government have run amok.

Mike Richards
South Jordan, Utah

If people would read the Constitution before posting, they would clearly see that Article 1, Section 8, lists the duties of the Federal Government; the duties that require taxation. All other duties are left to the States, according to the 10th Amendment.

General Welfare is the phrase that liberals love. They ignore the Constitution's limits and apply "General Welfare" to anything that they want funded, which is totally outside the duties of the Federal Government.

Personal health care is not covered in General Welfare. Medicare is personal welfare. ObamaCare is personal welfare. Social Security, is personal welfare. We're illegally taxed to fund those services.

Judges that rule because of political pressure or are too cowardly to oppose public opinion have given each family bills that they cannot pay without destroying their ability to provide for themselves; therefore, they become pawns to those who rule and reign in Washington.

The public has become so dependent on Washington that they forget that they are Americans and that Americans have the responsibility to provide for their own personal welfare.

micawber
Centerville, UT

Mike

We are all Americans whether we subscribe to your view of Constitutional interpretation or not.

Ernest T. Bass
Bountiful, UT

The Constitution clearly states that the best way to run the country is to have millions of families uninsured and without access to healthcare. That way the industry can make massive profits instead of helping the people who need it.

J Thompson
SPRINGVILLE, UT

Americans, i.e, the People, are bound by the Constitution just as much as the government is bound. Americans have no right to demand "services" from the Federal Government that remove from them their personal responsibility to provide for their own personal needs. The People have no right to demand that other citizens open their wallets to pay for their doctor bills or for the groceries or for their housing. The People have no right to take from the general revenue of the United States to pay for those things that they cannot or will not pay themselves.

The Constitution protects the people from a government that would take away our rights and our responsibilities.

The Constitution protects the government from people who demand access to general revenue funds, People who want to eat from a public trough, People who want someone else to pay for their doctor visits, for their visits to the grocery store, for their rent, for their education and for all the other "personal welfare" duties that they have responsibility to handle themselves.

JoeBlow
Far East USA, SC

Mike,

When I see you rant about any GOP proposal that does not fit your narrow constitutional view, I will listen to you.

You carp daily about the Democrats. Are you suggesting that the GOP does not violate your constitutional views?

When have you ever ranted against them? Excuse me if I view your Constitutional view as partisan and selective.

I also find it hilarious that many on the right blast Obama for "illegally" postponing the implementation of the ACA while screaming that they want to postpone it.

one vote
Salt Lake City, UT

What clause talks about refusing to fund government to force legislation by a minority?

Mountanman
Hayden, ID

@ One vote. I have a news flash for you. Those supporting Obamacare are the minority! Check the polls. Not good news for your side. Expect a revolt at the 2014 elections and Democrats up for election will be sent packing! So much for your "minority".

MaxPower
Eagle Mountain, UT

@Mountanman

News flash for you, if a law is unpopular enough there is a legal way to repeal it. See Article I of the Constitution. Unless your copy says something about a law being unpopular it can be ignored, my understanding is it has to go through a process in which a new law is created saying the other is repealed.

Another one: The President ran on this in 08 and won...and won reelection on it! More people voted for democrats than republicans in the House races (see gerrymandering) and the Senate gained seats. This revolted you expect to happen in 2014 should have probably happened in 2012 with the guy who repeated "Day 1 I will repeal Obamacare"

Didn't happen. The last poll that counted validated the Affordable Care act.

ugottabkidn
Sandy, UT

Mountain from Id, The polls you cite do not tell the whole story. A substantial amount polled believe Obamacare doesn't go far enough. Meaning they prefer a single payer system to one that is primarily beneficial to the wealthy. Coupled with those in favor the majority are in favor of changing the healthcare system that is the most discriminatory in the industrialized world. As for you Constitutional thumpers, when you are paid to interrupt the Constitution then I will take your view seriously. Some of you continually pick and choose what you believe and what you don't. I can only imagine how your pick and choose tactics work in church.

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