Judge Napolitano pops the Health Care Constitutionality question

September 8th, 2009 5:46 pm  |  by  |  Published in Big Government, Commentary, congress, Constitution, Free Market, Health Care, Maven Commentary  |  16 Responses

Judge Napolitano took another “Anti Ron Paul” to task over support of government health care. In fact, Judge Napolitano asked the one question we Constitutionalists have wanted to ask all of the health reform supporters in Congress. Is government health care Constitutional? We all know how Ron Paul and many free market supporters answer that question. How does an “Anti Ron Paul” justify the opposing answer?

The Judge’s target was House Majority Whip James Clyburn (D-SC). In a 13 minute plus interview Clyburn said some rather telling but unsurprising things. I’ve included the entire interview audio below. I don’t want to be attacked for taking his words out of context. If you’d like to only hear the Constitutional question portion then jump to 5:00 in the audio at the bottom of the article.

First the discussion is about Clyburn’s idea to have a 3 year “test” period for health reform. The Judge chimes in and correctly surmises that it’s just a slower path to the public option.  During Clyburn’s next remarks he mixes up the meaning of words. He says the following:

So what is a fact to me, may not be a fact to you. So what kind of independent facts can we develop?

Ridiculous. This is the 3rd ranking Democrat in the House of Representatives. He doesn’t know the difference between “fact” and “opinion”.

The Judge then pops the question: “Where in the Constitution is the federal government charged with maintaining people’s health?”

Clyburn’s answer: “There’s nothing in the Constitution that says the federal government has anything to do with most of the stuff we do.

The Judge charges back a bit later: “You took an oath to uphold the Constitution. You can’t go outside the Constitution because you think it is a good thing to do without violating that oath!

Clyburn replies: “How about show me where in the Constitution it prohibits the federal government from doing this?”

The Judge then, of course, cites the 10th Amendment. Listen to the entire audio below to hear Clyburn’s sad and predictable follow-up.

This is the fundamental argument of our time and sadly it isn’t being argued enough. This is evidenced by The Judge’s co-host changing the subject following the exchange. Clyburn is now on record as violating his oath willingly. At least now we don’t have to rely on his litany of unconstitutional votes alone. It is unlikely he’ll lose his seat given the district he is in, but he certainly deserves to be voted out of office along with many others who willingly violate their oath of office on an almost daily basis.

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Responses

  1. Tomas Estrada-Palma says:

    September 8th, 2009 at 11:03 pm (#)

    Exactly!

  2. Ron Moss says:

    September 9th, 2009 at 1:58 am (#)

    Maybe if we the people filed suit against the federal members for violating that 10th amendment we might hold them to it. I have a cause of action if you can afford the lawyers fee let's go for it.

  3. Stebro says:

    September 9th, 2009 at 4:43 am (#)

    We need governors who just say no to unconstitutional federal action.

  4. Junie says:

    September 9th, 2009 at 7:01 am (#)

    The constitution isn't as restrictive as you think. There is all the authority for just about everything government does in 4 things. The general welfare and commerce clauses of Article 1 Section 8, the necessary and proper clause, and the 16th amendment. This gives them all the authority they need for social security, medicaid, and universal healthcare.

  5. Anon says:

    September 9th, 2009 at 10:19 am (#)

    State interposition and nullification

  6. zack says:

    September 9th, 2009 at 3:06 pm (#)

    I heard this live on my morning commute, and was gripping the steering wheel with white-knuckled fury. I really despise that lightweight neocon nitwit Brian Kilmeade. He helped the Congressman get off the hook, though the Judge is way too classy to really stick it to Clyburn…

  7. Below The Beltway » Blog Archive » Judge Napolitano Takes On No. 3 House Democrat On Constitutionality Of Obama Care says:

    September 9th, 2009 at 12:49 pm (#)

    [...] Napolitano took on Congressman James Clyburn, the No. 3 Democrat in the House, on his radio show yesterday: The Judge then pops the question: “Where in the Constitution is the federal government charged [...]

  8. Angela says:

    September 9th, 2009 at 5:13 pm (#)

    Junie, you're wrong. The general welfare clause applies to the states and not to the people. In other words, it allows for genera welfare, such as a shared miitary, but not specific welfare.

    The SCOTUS ruled against your interpretation a majority of the time. It was only when FDR threatened them that they caved and reversed 150 years of precedent, and thus we began the downward slide into the special-interest driven, tyrannical system we have now.

  9. Nate says:

    September 10th, 2009 at 11:51 pm (#)

    Happily, as has been pointed out, this is not true. It is true that the Federal Government abuses these clauses in order to carry out their unconstitutional activities. But that is hardly the point. I mean, just think about it, what's the point of having a written constitution if the government is allowed to do whatever it deems "necessary and proper".

    The 16th amendment is itself unconstitutional and should be repealed.

  10. Democrats would rather spank Joe Wilson than follow the Constitution :: Liberty Maven says:

    September 11th, 2009 at 9:43 pm (#)

    [...] No, Jim. Elected officials like yourself should be following the supreme law of the land also known as the U.S. Constitution. Of course we know exactly how much you value that oath you took from your interview the other day with Judge Andrew Napolitano. [...]

  11. Carolyn says:

    November 22nd, 2009 at 4:49 am (#)

    Democrats still think they can make heaven on earth . As long as they are so full of themselves, you'll never get any sense out of them.
    Both Dems. and Rep. are selling us out for One World Govt. and people are too blind to see it.
    All should be tried for Treason as they are not upholding the Law of the L:and- the U.S. Constitution. Doing so, they have abbrograted their own power thus contributing to anarchy.

  12. Carolyn says:

    November 22nd, 2009 at 4:49 am (#)

    Democrats still think they can make heaven on earth . As long as they are so full of themselves, you'll never get any sense out of them.
    Both Dems. and Rep. are selling us out for One World Govt. and people are too blind to see it.
    All should be tried for Treason as they are not upholding the Law of the L:and- the U.S. Constitution. Doing so, they have abbrograted their own power thus contributing to anarchy.

  13. Obama Orders 1 Million US Troops to Prepare for Civil War says:

    December 30th, 2009 at 12:40 pm (#)

    [...] [...]

  14. James Clyburn: Sarah Palin Just Doesn’t Understand | Lee Hernly says:

    January 12th, 2011 at 3:09 pm (#)

    [...] blabber comes from a man who has a hard time understanding the Constitution himself and who thought that the GOP’s reading of the Constitution was somehow linked to the [...]

  15. Ending Social Security, Privatizing Retirement says:

    March 11th, 2011 at 7:03 am (#)

    [...] defending the creation of “Obamacare” — yet another unsustainable government entitlement — a former Democratic Majority Whip summed up the prevailing sentiment when he said “there’s nothing in the Constitution that says the federal government has anything to do with [...]

  16. Constitution Denied Article (March 2010) | Const Denied Blog says:

    October 6th, 2011 at 8:23 pm (#)

    [...] James Clyburn, the 3rd highest democrat in the House of Representatives, in which Congressman Clyburn when asked about the constitutionality of healthcare stated that most of what they do in Congress is not authorized by the Constitution and when pressed [...]