Re: Lunelle/contraception coverage
From: art fougner, md (evsono@pipeline.com)
Wed Jan 31 13:15:58 2001
sure it does - it's called "the general welfare" - been awhile but i
think you'll find that in article 1 section 8. again - i agree with you
- the voters are the final arbiter. if you don't like what they do,
then vote 'em out.
if you don't agree - fair enuff. we agree to disagree.
art
At Wed, 31 Jan 2001, Robert J. Woolley wrote:
>
>In message <200101311433.IAA06475@mail.medispecialty.com> writes:
>> Bob -
>>
>> in case you've not noticed - medicare has been a fact of life since LBJ.
>> are you now stating medicare is unconstitutional?
>
>Yes. It always was.
>
>let's alert Chief
>> Justice Renquist and the Supremes. Sorry but medicare is a done deal.
>> s0o why answer what is a fait accomplis? if you feel that strongly, then
>> you need to go to the federal court system and begin the case.
>
>As I explained earlier (are you actually reading what I'm writing?), such a case
>would fail, because the Supreme Court for all practical purposes gave up no
>holding Congress to its constitutional powers with the court-packing threat. So
>now neither the Constitution nor the Supreme Court puts any significant check on
>the ever-growing Congressional grab for power. But that appears to be the way
>you want it.
>
> i do not
>> need to argue with you over the obvious. why not, instead, demonstrate
>> to us that congress does not have the power to pass legislation which it
>> seems to do quite frequently.
>
>1) The founding concept of the Constitution (made explicit in the D of I) is
>that governments get their power from the governed.
>
>2) The Constitution is the document which is the grant of certain powers from
>the people to the federal government.
>
>3) The Constitution explicitly says that the federal government has only those
>powers given it in the Constitution:
>
>Amendment X (1791)
>
>The powers not delegated to the United States by the Constitution, nor
>prohibited by it to the states, are reserved to the states respectively, or
>to the people.
>
>4) Article 1, section 8 lists the specific powers that the people, via the
>Constitution, are granting to Congress.
>
>5) Article 5 describes the means for the people to grant additional powers to
>(or take away powers from the federal government by constitutional amendment.
>This is the only means given by which Congress's powers may be either expanded
>or contracted.
>
>6) Nothing in Article 1 or in any subsequent amendment gives Congress anything
>even remotely resembling the authority to enact a medical insurance program for
>sevior citizens.
>
>7) Therefore, Medicare is an unconstitutional extension of proper Congressional
>power and function.
>
>Now, since you disagree with my conclusion in (7), please explain which of the
>preceeding premises or logical conclusions you consider faulty in arriving at
>it, and why.
>
>> Now, once again, what is YOUR solution to the problem of the uninsured?
>> or do you not think this is a problem?
>
>Once again, I have to wonder if you're reading what I'm writing. To whatever
>extent we decide that we want to supplement the income of people we think are
>too poor, it should be done with money, not with specific programs that provide
>specific things. Let them decide what to do with it. If they want to buy health
>insurance, fine. If they want to save it for a college education for their kids,
>fine. If they want to blow it on a vacation to Aruba, fine. But then let them
>have all of the good and bad consequences of their choices. That is, they can't
>blow it on Aruba and then show up at the ER and expect free hospitalization and
>a government scholarship for their kids to go to college.
>
>--
>---------------------------------------------------------------------------
>
>---------------------------------------------------------------------------
>---------------------------------------------------------------------------
>---------------------------------------------------------------------------
>Bob Woolley
>---------------------------------------------------------------------------
>St. Paul, Minnesota
>---------------------------------------------------------------------------
>
>---------------------------------------------------------------------------
>GIC
>
>"Meanwhile we have to live today by what truth we can get today,
>and be ready tomorrow to call it falsehood."
>
> -- William James
>
--
art fougner, md
A series of 1000 cases begins with but a single anecdote.