The Enumerated Powers Act would require that all bills introduced into Congress must state their constitutional authority. This bill has been around since 1997, however, the bill has been reintroduced by John Shadegg and now has 56 co-sponors in the House and 22 in the Senate.
This bill is gaining momentum in a time when government-run health care most likely will become a reality. DownsizeDC.org explains:
Congress asserts it can compel Americans to purchase health insurance
because NOT purchasing health insurance impacts interstate commerce.
But for decades Congress has allowed states to bar their residents
from purchasing health insurance from another state. Which means Congress never previously believed that the purchase (or non-purchase) of health insurance was interstate commerce.The decision to NOT purchase a good or service is NOT commerce, let alone interstate commerce. But under the absurd logic of this bill, if I choose to take a nap rather than go to a movie, I’m engaging in “commerce” and Congress cancompel me to either go to the movie or pay a tax penalty.
In any case, the Commerce Clause is limited by other provisions in
the Constitution, such as the Ninth Amendment. As Foldvary states,
“the Ninth Amendment recognizes there are moral and common-law rights
that exist prior to and apart from the U.S. Constitution.” An
individual who chooses to NOT purchase health insurance is NOT harming
others. He may be making a rational estimate that the costs of
insurance will be larger than the cost of the care he will expect to
receive. Whether we agree with his assessment or not, he certainly has
a right to control his own body and money. His decision to not
purchase insurance does not constitute a violation of anyone else’s
rights. Forcing him to purchase a service he does not want, however,
is a clear violation of his rights.