Is health insurance “Commerce among the States?”

Behind the current constitutional debates over ObamaCare, there is an assumption that Congress has power to regulate health insurance as “Commerce among the States.”  However, in various decisions over 150 years, the Supreme Court ruled that “insurance” was not within the Constitution’s definition of “Commerce.”  Only a single aberrant Supreme Court case says it is.…


Texas to DC: Cease and Desist!

by Jeff Wentworth

On March 9, Gov. Rick Perry, Lt. Gov. David Dewhurst and others held a news conference where they announced support for Texas concurrent resolutions demanding the federal government cease and desist from mandates beyond the scope of constitutionally delegated powers.

I am a co-author of SCR 14, the Tenth Amendment Resolution.

The Tenth Amendment of the United States Constitution is elegant in its simplicity: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

No ifs, ands, or buts were included. Yet, the federal government continues to overreach with legislation such as the federal health care act that will force Americans to purchase a product: health insurance.


Number 16 on Deck? Delaware Senate Approves Medical Marijuana

By a vote of 18-3 yesterday, the Delaware State Senate approved Senate Bill 17 (SB17).

The bill states that, with a doctor’s written recommendation, patients with certain serious or debilitating conditions that could be alleviated by marijuana would be allowed to possess up to six ounces of the drug. Senators approved the bill after adding an amendment lowering the minimum age for qualifying patients from 21 to 18.

Under the bill, qualifying patients would be referred to state-licensed and regulated “compassion centers,” which would be responsible for growing, cultivating and dispensing the marijuana. The bill allows for one nonprofit compassion center in each county within a year of its passage, but does not limit the number of additional centers that could be registered later.

Federal law considers marijuana illegal in virtually every instance – and the federal government does not recognize legitimacy in state marijuana programs.