by Publius Huldah.
A little knowledge is a dangerous thing; and no one illustrates this Principle better than Forbesโ writer Rick Unger in his article,ย โCongress Passes Socialized Medicine and Mandates Health Insurance โ In 1798โ, ย Washington Post writer Greg Sargentย and Georgetown University history professor Adam Rothman.
In 1798, Congress passedย An Act for the relief of sick and disabled Seamenย which required the master of every American ship arrivingย fromย foreign portsย toย any port of the United States, and American ships engaged in the coastal trade using those ports, to pay a small fee to the federal government for every seaman employed on his ship. The funds so raised were used to care for sick and disabled seamen in the marine hospitals established in the ports of the United States.
So!ย Unger cited this 1798 Act and chortled with glee that our Framers supported โsocialized medicineโ; and so the โpolitical right-wingโ should stop โpretendingโ that our Founding Fathers would oppose obamacare.
Greg Sargent chimed in to the same effect, and quoted history professor Adam Rothman for the idiotic propositions that
โโฆthe post-revolutionary generation clearly thought that the national government had a role in subsidizing health care โฆ that in itself is pretty remarkable and a strong refutation of the basic principles that some Tea Party types offer โฆ This defies a lot of stereotypes about limited government in the early republic.โ
But Ungerโs, Sargentโs and Rothmanโs statements are so transparentlyย ignorantย they can be disposed of in a few paragraphs:
Congressโ Three Categories of Legislative Powers
One:ย Congress has only limited legislative powers over the Country at large. These legislative powers are restricted to war, international commerce & relations; and domestically, the creation of an uniform commercial system:ย weights & measures, patents & copyrights, a monetary system based on gold & silver, bankruptcy laws, and mail delivery. Various Amendments granted to Congress certain powers over civil rights. Theseย enumerated powersย are the only areas wherein the national government has lawful (constitutional) authority over The States and The People in The States.ย ย In all other mattersย [except those listed at Art. I, Sec. 10]ย the States and The People retained supremacy, independence, and sovereignty.
Two:ย ย Article I, Sec. 8, clause 17, U.S. Constitution, says:
โThe Congress shall have Power To exerciseย exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislatures of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals,ย dock-Yards, and other needful Buildings;โย [boldface mine]
โExclusive Legislation in all Cases whatsoeverโ over โdock-Yardsโ. Do you see?ย It isย thisย clause which grants to Congress authority to establish marine hospitals on dock-Yards belonging to the United States.ย ย Congress hasย a general legislative authorityย over the federal enclaves, such as dock-Yards.ย Thatย legislative authority is limited only by the Bill of Rights.
Inย Federalist Paper No. 43ย at 2., James Madison explains in three short paragraphs [read them!] why the federal government must have โcomplete authorityโ over the federal enclaves listed at Art. I, Sec. 8, cl.17.
Alexander Hamilton inย Federalist No. 32ย (2ndย para), comments also on the grant of โEXCLUSIVE LEGISLATIONโ over the federal enclaves [capitals are Hamiltonโs] in โThe last clause but one in the eighth section of the first articleโฆโ
Do you see?ย That grant of โexclusive legislationโ is restricted toย the federal enclaves.
Three: ย Article IV, Sec. 3, cl. 2, ย grants to Congress the โPower to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United Statesโฆโย Madison shows inย Federalist No. 43ย at 5. that โthe Territoryโ referred primarily to the Western Territory before it was formed into States.
Thatโs it, Folks!
So!ย While Rick Unger crowed in his article,
โWhile Iโm sure a number of readers are scratching their heads in the effort to find the distinction between the circumstances of 1798 and today, I think youโll find it difficult.โ
Become a member and support the TAC!
Itโs not difficult at all!ย All one has to do is read Art. I, Sec. 8, cl. 17, which permits Congress to make such a law for American ships using the dock-Yards belonging to the United States. Thatโs whatย โexclusive Legislation in all Cases whatsoeverโ means.ย ย Do you see?
Congress has no such legislative authority for the Country at large. There, it is limited and ย enumerated.
Originally published atย https://publiushuldah.wordpress.com/