Rep. Virginia Foxx: Health Care Reform Is A Distraction

Congresswoman Virginia Foxx of North Carolina believes that diddling around with health care reform is distracting us from taking care of our national security. (h/t Think Progress).  Foxx has said there are no Americans without health care in America.

“There are no Americans who don’t have healthcare. Everybody in this country has access to healthcare,” she says. “We do have about 7.5 million Americans who want to purchase health insurance who can not afford it,” she says, urging Congress to adopt a new plan for healthcare reform that wouldn’t “destroy what is good about healthcare in this country” and “give the government control of our lives.”

Foxx makes the argument that under the Constitution the government should just stay out of health care.

FOXX: The Constitution doesn’t grant a right to health care, and most of us are living as much by the Constitution as we can. It also doesn’t give the federal government the authority to deal with health care. As you may know, the 10th amendment, it says if it isn’t mentioned in the Constitution to be done by the federal government, it’s left to the states or the people.

[…]

I think one of the problems we have in this country right now is the fact that the federal government is trying to do too much. We need to leave things to the states and the localities. … And unfortunately, we are distracting ourselves from looking after the defense of this nation because we are dealing with issues that should, by right, be the state and individual’s.

In Helvering v. Davis, the Supreme Court affirmed Article 1, Section 8 of the Constitution, where it says:

Section 8. 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; but all duties, imposts and excises shall be uniform throughout the United States…

Justice Benjamin Cardozo wrote in 1937:

Congress may spend money in aid of the “general welfare.” Constitution, Art. I, section 8; United States v. Butler, 297 U.S. 1, 65; Steward Machine Co. v. Davis, supra. There have been great statesmen in our history who have stood for other views. We will not resurrect the contest. It is now settled by decision. United States v. Butler, supra. The conception of the spending power advocated by Hamilton and strongly reinforced by Story has prevailed over that of Madison, which has not been lacking in adherents. Yet difficulties are left when the power is conceded. The line must still be drawn between one welfare and another, between particular and general. Where this shall be placed cannot be known through a formula in advance of the event. There is a middle ground, or certainly a penumbra, in which discretion is at large. The discretion, however, is not confided to the courts. The discretion belongs to Congress, unless the choice is clearly wrong, a display of arbitrary power, not an exercise of judgment. This is now familiar law. [p*641]

By: Alan

Alan Colmes is the publisher of Liberaland.