Tenther
From dKosopedia
The Tenther movement claims that the Tenth Amendment to the US Constitution makes government Health Care unconstitutional. This is a continuation of the pre-Civil War Nullification movement in the South claiming that the Federal Government could not interfere with slavery in any way, and the Massive Resistance movement claiming that the Civil Rights Acts and Voting Rights Act were unconstitutional.
Text of Amendment
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.
Legal Theory
The claim is that power to legislate for Health Care is not delegated to the United States by the Constitution. Opponents cite the General Welfare phrase of the Taxation and Spending Clause, and the Necessary and Proper clause.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States
The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
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