Senate Amendments To H.R. 3590, Service Members Home Ownership Tax Act Of 2009, And H.R. 4872, Health Care And Education Reconciliation Act Of 2010

Floor Speech

Date: March 21, 2010
Location: Washington, DC

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Mr. MCCLINTOCK. Mr. Speaker, I rise in opposition to this flawed health care bill. Under the provisions of this bill, Americans will be required by federal law to purchase health insurance policies that include every mandate imposed by the new federal health czar and will face federal fines and even imprisonment if they refuse. And they will pay for them through a combination of higher taxes, higher premiums or lower wages.

The proposition that Congress has the power to order Americans to purchase insurance--or any other product--is contrary to the fundamental concept of individual liberty and antithetical to the takings clause of the Fifth Amendment. If this precedent were to be upheld, the federal government will have assumed authority over every aspect of individual choice in the care of ourselves and our families and can logically be extended to what foods we choose or to what physical activities we engage in. Nor is this brave new doctrine limited to health care. Once the precedent is established that government may usurp individual decisions in the marketplace, what limitation remains on its power to order any other of our decisions as consumers?

Fortunately, the Constitution still protects our freedom from such usurpations. It will fall to the Supreme Court to hold this act accountable to the Constitution and it will fall to ``We the People'' to hold those responsible for it accountable at the polls.

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