</p>One of the more controversial and unconstitutional components of health care reform President Barack Obama signed into law yesterday is Congress mandate that individuals purchase health insurance or face a fine.
The Heritage Foundation has documented that*<ahref="http://www.heritage.org/Research/Reports/2009/12/Why-the-Personal-Mandate-to-Buy-Health-Insurance-Is-Unprecedented-and-Unconstitutional">there is no provision in the Constitution empowering Congress to force Americans to buy a good or service. What’s more, the nonpartisan Congressional Budget Office agrees*<ahref="http://www.cbo.gov/ftpdocs/48xx/doc4816/doc38.pdf">the mandate is entirely unprecedented.
So where does Congress get the authority to justify that provision? On Friday, <ahref="http://www.cnsnews.com/news/article/63182">CNSNews.com went to House Judiciary Committee Chairman Rep. John Conyers (D-MI) for answers:
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CNSNEWS: What part of the Constitution do you think gives Congress the authority to mandate individuals to purchase health insurance?
Rep. Conyers: Under several clauses. The good and welfare clause, and a couple others.
The Good and Welfare clause simply doesnt exist. Its nowhere to be found in the Constitution. CNSNews.com reports:
The word “good” only appears once in the Constitution, in Article 3, Section 1, which deals with the Judicial Branch, not the powers of Congress. Article 3, Section 1 says in part: “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.”
As an aside, Rep. Conyers <ahref="http://en.wikipedia.org/wiki/John_Conyers">has a law degree, and his committee is responsible for overseeing the federal court system, which in turn interprets and applies the law of the land.