A little knowledge is a dangerous thing; and no one illustrates this Principle better than Forbes’ writer Rick Unger in his article, “Congress Passes Socialized Medicine and Mandates Health Insurance – In 1798”, Washington Post writer Greg Sargent and Georgetown University history professor Adam Rothman.
In 1798, Congress passed An Act for the relief of sick and disabled Seamen which required the master of every American ship arriving from foreign ports to 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! Unger cited this 1798 Act and chortled with glee that our Framers supported “socialized medicine”; and so the “political right-wing” should stop “pretending” 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
“…the post-revolutionary generation clearly thought that the national government had a role in subsidizing health care … that in itself is pretty remarkable and a strong refutation of the basic principles that some Tea Party types offer … This defies a lot of stereotypes about limited government in the early republic.”
But Unger’s, Sargent’s and Rothman’s statements are so transparently ignorant they can be disposed of in a few paragraphs:
Congress’ Three Categories of Legislative Powers
One: 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: 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. These enumerated powers are the only areas wherein the national government has lawful (constitutional) authority over The States and The People in The States. In all other matters [except those listed at Art. I, Sec. 10] the States and The People retained supremacy, independence, and sovereignty.
Two: Article I, Sec. 8, clause 17, U.S. Constitution, says:
“The Congress shall have Power To exercise 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, dock-Yards, and other needful Buildings;” [boldface mine]
“Exclusive Legislation in all Cases whatsoever” over “dock-Yards”. Do you see? It is this clause which grants to Congress authority to establish marine hospitals on dock-Yards belonging to the United States. Congress has a general legislative authority over the federal enclaves, such as dock-Yards. That legislative authority is limited only by the Bill of Rights.
In Federalist Paper No. 43 at 2., James Madison explains in three short paragraphs [read them!] why the federal government must have “complete authority” over the federal enclaves listed at Art. I, Sec. 8, cl.17.
Alexander Hamilton in Federalist No. 32 (2nd para), comments also on the grant of “EXCLUSIVE LEGISLATION” over the federal enclaves [capitals are Hamilton’s] in “The last clause but one in the eighth section of the first article…”
Do you see? That grant of “exclusive legislation” is restricted to the federal enclaves.
Three: Article IV, Sec. 3, cl. 2, grants to Congress the “Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States…” Madison shows in Federalist No. 43 at 5. that “the Territory” referred primarily to the Western Territory before it was formed into States.
That’s it, Folks!
So! While Rick Unger crowed in his article,
“While I’m 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 you’ll find it difficult.”
It’s not difficult at all! 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. That’s what “exclusive Legislation in all Cases whatsoever” means. Do you see?
Congress has no such legislative authority for the Country at large. There, it is limited and enumerated.
This article is printed with the permission of the author(s). Opinions expressed herein are the sole responsibility of the article’s author(s), or of the person(s) or organization(s) quoted therein, and do not necessarily represent those of American Clarion or Dakota Voice LLC.
Comment Rules: Please confine comments to salient ones that add to the topic; Profanity is not allowed and will be deleted; Spam, copied statements and other material not comprised of the reader’s own opinion will be deleted.
- Buy Guns, Not Health Insurance
- Mike Rounds Lies about ObamaCare
- A Progressive Perverts the Commerce Clause; but O’Reilly Gets it Right!
- The ‘Taxing Clause’, Five Lawless Judges, and ObamaCare
- Government Limited to Certain Enumerated Powers
Subscribe by Email
Sign up to receive the daily American Clarion article digest, with links to articles.
Recent American Clarion Articles
- The Price of Violence and True, not Social, Justice
When you look at the typical understanding of Social justice, it is essentially the redistribution of wealth and has as its goal a so called equality of outcomes. I would understand that to mean everyone has exactly the same income, the same possessions, no one has more than any other in any way.
- Corruption: Call it What it Is…and Do Something About It
It is absolutely astounding to me that if the average American were to stand in front of an apple tree and were then told by these politicians (diplomatic magicians) that it were an orange tree, they would be sure to fall in line and agree with them. This is exactly what is happening when we
- Is Indoctrination the Highest Aspiration of College?
America is witnessing the fruits of our current education system on campuses across the nation, it is time for conservative elected leaders to begin the process of pulling out the weeds that have overrun what was the greatest education system the world has known. It won’t be easy, but the future
- Is Fundamental Islam Extreme, or Just a Few Muslims?
Of the 1.57 billion Muslims in our world, almost all use the two books, one is the Koran and the other is the Hadith. Both of these books are filled with radical passages and beliefs that do anything but teach
- Should Israel Give Up the Golan Heights?
Israel annexed the Golan Heights in 1981. In the midst of the terror wave in Israel, in November 2015, the UN General Assembly adopted a resolution calling for Israel to return the Golan to Syria. The EU included the Golan Heights in its anti-Semitic labelling
- President Obama’s Actions Benefit ISIS
I see that the state-controlled narrative is changing a bit due to the fact that the “Useful idiots,” who have been playing the stooge for this administration, are now coming to the realization that the game that they seemed to be playing is not a game at all.
- Who Were the Pilgrims?
As most Americans celebrate Thanksgiving today, stop a moment to consider who the Pilgrims were--that group of people we typically look back to as the originators of today's Thanksgiving
- Bob Ellis: Basically the insured are paying a considerable portion of the bill for the uninsured. It's what happens in this distorted, ……
- franklinb23: TOS: It was reported that an abdominal CT scan ran $2,400 for Blue Shield policyholders in California. If you're ……
- WXRGina: Yes, Spouse, you're right, and we're aware of this, too. …
- Thisoldspouse: Gina, I hope your pastor has an entourage of armed elders - literally. He has put himself in the ……
- Thisoldspouse: "The SBC may simply be compensating (or over-compensating) for their history." Which begs the question: Why only start compensating NOW? I'll concede ……
- Thisoldspouse: There are no "gay" children, only abused children. A disproportionately high number of self-identifying homosexual adults report to have ……
- Thisoldspouse: Actually, cash payments are considerably lower than what is charged the insurance companies. A bird in the hand... …
- Thisoldspouse: Extend this monstrosity to its "single payer" conclusion, and you have... Social Security. …
- JGravelle: Better headline: Baptists Proclaim Satan to be the God of Abraham ... …
- Bob Ellis: It's possible, though I doubt it's directly related to that. I think most Southern Baptists (especially since most are Republicans ……