By RJ Harris,
U.S. Congressional Candidate Oklahoma 4th District
The Health Care Bill and Abortion; Neither Are Constitutional
How is it possible for the Senate to be debating federal funding of abortion in the Health Care Bill when neither are constitutional in the first place?
Heath Care is an individual welfare and as such the federal government has no business attempting to provide it or dictating to our states how to provide it. Article I Sec 8 of the Constitution allows the Congress to provide for the general welfare “of the United States.” Herein the United States is referred to as an entity unto itself which excludes the notion of welfare as the greater good for the most individuals. Individual welfare is never mentioned in the Constitution and the Congress has no power to provide it. However, the Tenth Amendment reserves all powers not explicitly given to Congress to the states. Thus, the states may provide socialized health care, if their citizens allow them, but the federal Congress cannot. The only way Congress could and should address problems in the health care market is to ensure that trade barriers to the health insurance market, erected between the states, are removed in accordance with the commerce clause.
According to the 5th and 14th Amendments, life, liberty or property can only be infringed after due process and equal protection under the law have been provided. Equal protection requires that the unborn have the same protection as the born. The born cannot have their lives infringed without having first committed a capital crime. Thus, the unborn, since they are incapable of committing a capital crime, may not have their lives infringed either. Moreover, since it is impossible for the unborn to have notice or an opportunity to be heard, there can be no process equal to the constitutional requirement of due process.
Of course those that want to continue killing children in the name of convenience will immediately argue that unborn children are not persons. According to the European slave traders, the Africans they sold were not people either. According to the plantation owners in the Caribbean and the Americas, their slaves were not people either. According to the Taney Supreme Court of 1857, Dred Scott, a slave suing for his freedom, was not a person either. According to Hitler, the Jews were not people either. According to the Hutus, the Tutsis were not people either. According to the Janjaweed Militia the Darfurian Civilians were not people either. Challenging the personhood of a human life IS the losing argument. If a human embryo was found on Mars in a stasis jar would NASA report the finding of mere life…or would NASA report the finding of HUMAN life?
The answer to the original question above is that we currently have a Congress that is abrogating its duty to read, protect and defend the four page document that explains all of this either because they are ignorant of the Constitution’s contents or because they place the implementation of their progressive social agenda above the fundamental and inalienable rights of the We the People. In either case, the People can and should remedy this problem in 2010.
About RJ Harris:
RJ Harris is a currently serving nineteen-year Oklahoma Army National Guard Officer, two-time Iraq War Veteran and U.S. Congressional Candidate for Oklahoma’s 4th Congressional District. He is a University of Oklahoma graduate in Philosophy and a second year law student at the University of Oklahoma College of Law. RJ is a Constitutional Conservative Republican and the first 912 Liberty Candidate in the nation. He has appeared on Fox News’ Freedom Watch twice with Judge Andrew Napolitano and been the featured guest on conservative/libertarian talk-radio programs across the country.