Does the "General Welfare Clause" Force Us to Buy Health Insurance

Written By: Publius Huldah  |  Posted: Tuesday, June 8th, 2010

CNSNews.com recently posted an article, "Hoyer Says Constitution's 'General Welfare' Clause Empowers Congress to Order Americans to Buy Health Insurance". In the article, Steny Hoyer (Democrat House Majority Leader) said Congress has "broad authority" to force Americans to purchase health insurance, so long as it was trying to promote "the general welfare". Oh my! Does Steny Hoyer not know that his view was thoroughly examined and soundly rejected by our Founders? The Truth is that Congress is NOT authorized to pass laws just because a majority in Congress say the laws promote the "general welfare"! As shown below, James Madison, Father of The Constitution, and Alexander Hamilton, author of most of The Federalist Papers, expressly said The Constitution does not give a general grant of legislative authority to Congress! Rather, ours is a Constitution of enumerated powers only. If a power isn't specifically granted to Congress in The Constitution, Congress doesn't have the power. It really is that easy - and our beloved Madison and Hamilton prove it.

1. Let us look at the so-called "general welfare" clause: Article I, Sec.8, clause 1, U.S. Constitution, says: "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States