Think Progress

Pelosi Dismisses Tenther Reporter: ‘Are You Serious?’

Congress PelosiRecently, a reporter with right-wing press outlet CNSNews asked House Speaker Nancy Pelosi whether health reform violates the Tenth Amendment of the Constitution. The Speaker gave the question exactly as much respect as it deserved:

CNSNews.com: “Madam Speaker, where specifically does the Constitution grant Congress the authority to enact an individual health insurance mandate?”

Pelosi: “Are you serious? Are you serious?”

Listen here:

Pelosi is right to be dismissive of the fringe right-wing theory behind this question, which has no basis in the Constitution itself. Article I of the Constitution gives Congress the power “[t]o regulate commerce…among the several states” as well as the authority to “make all laws which shall be necessary and proper for carrying into execution” its power to regulate commerce.-Een ultra-conservative Justice Antonin Scalia acknowledges that these constitutional provisions give Congress sweeping authority to enact laws that regulate “economic activity.”

CNSNews’ question to the House Speaker essentially parrots a claim by two discredited right-wing attorneys that a provision of health reform known as the “individual mandate” exceeds Congress’ authority because it does not regulate economic activity. This claim is wrong.

When confronted with the “tenther” question, House Minority Leader John Boehner (R-OH) offered an entirely novel argument against the individual mandate. Although Boehner admitted that he is “not a constitutional lawyer,” he added that “it’s wrong to mandate that the American people have to do anything”:

Boehner said: “Well, I’m not a lawyer and I’m certainly not a constitutional lawyer, but I think it’s wrong to mandate that the American people have to do anything.

“You know, one of the things that’s great about America is that we have the freedom to do anything that we want, as long as it doesn’t infringe on somebody else’s freedom,” said Boehner.

For the record, nothing in the Constitution says that an Act of Congress is unconstitutional simply because John Boehner thinks that it is “wrong.”



64 Responses to “Pelosi Dismisses Tenther Reporter: ‘Are You Serious?’”

  1. USNclerk says:

    And yet, when they said it’s the law to have driver’s insurance, where was the outcry? Consistency people!


  2. machost says:

    You mean the 10th Amendment says I don’t have to pay taxes? Halleluja, I think I’ll throw a party


  3. EugeneDebs says:

    This argument is bottom of the barrel stupid and inane. Even among tenthers BONER is one of the biggest morons of all time


  4. Uncle Ho says:

    And now, another Boehnhead moment.


  5. P.D. says:

    These as*holes interpret the Consistution the same way they try to interpret the Bible. With a narrow understanding and bending the written word. And even the Bible is too LIBERAL for them! These guys have no credibility or standing. And where were these putzes when Bush and Cheney were dismantleing the Constitution? Nowhere, just like the ‘Tea-Baggers’. They are hopeless.


  6. Roket says:

    “I think it’s wrong to mandate that the American people have to do anything.”

    Excuse me, but Mr. Bonehead, what exactly do you do for a living?


  7. austex_chris says:

    Although I dismissed this argument as right wing idiocy, after talking to my attorney, who happens to be my wife, there is a good side to this argument that might help progressives and the public option.

    Although health care reform is definitely within the power of Congress, what might be unconstitutional is forcing people to buy health insurance from private companies. In fact this might be the beginning of an argument for the public option, the claim that it is unconstitutional for congress to force people to buy from private companies seems like a debate worth having.

    Even in states that require car insurance there are usually some companies that are subsidized by the state to offer minimum coverage to drivers that other insurers won’t cover.

    If we are going to be mandated to buy insurance, we need to have a public option. In a strange way these tenthers might bring about the public option, which would be so ironic.

    Perhaps this is a case of the enemy of my enemy is my friend?


  8. okie dokie says:

    It’s wrong for Congress to mandate that the American people have to do anything, Boehner?

    So, filing and paying taxes is voluntary, then.

    Great!
    Now I can afford to pay out of pocket for my own healthcare,
    and buy a lifetime contract at the tanning salon.


  9. Oval12345678 aka James K. Sayre says:

    Teabaggers and Tenthers, Birthers and Deathers, these are a few of our stupidest things…


  10. Mathazar says:

    The Minority Leader is an anarchist ? Who knew ?


  11. gully foyle says:

    When has any republican, especially Bo-ner, been right about constitutional issues.

    These a**holes followed junior bush blindly when he wiped his a** on the constitution.

    Oh and #9 Oval aka JKS that was a good one!


  12. scamon01 says:

    The tenth amendment is a truism, not a grant of power. It basically says if the COnstitution doesn’t grant power to the federal gov’t or deny it to the states, then it’s ok for states to claim that power. Duh. In my opinion, it’s the most useless, meaningless piece of redundancy ever passed into law in the US – and that’s saying something.
    Commerce clause enactments have not been struck down by the SC under the 10th for a looooooong time, and will not be anytime soon. The car insurance argument is a red herring, because that’s governed by the states, and only applies to those who choose to drive. But it’s also unnecessary, because Congress does have broad commerce clause authority. And another commenter already touched on the taxes issue – Boehner’s wrong because Americans are mandated to pay taxes. The unprecedented part is that we’ve never been required to buy something before. But unprecedented does not equal wrong.


  13. EnnuiDivine says:

    It appears that whoever works at CNS doesn’t have a functioning CNS.

    Ha ha ha.

    Oh, psychology jokes…

    Seriously, though. These people will say anything if they think it can diminish public opinion for something they disagree with


  14. Loonie says:

    “You know, one of the things that’s great about America is that we have the freedom to do anything that we want, as long as it doesn’t infringe on somebody else’s freedom,” said Boehner.

    Tell that to all the imprisoned cannabis users, you two-faced sanctimonious turd.


  15. kasinca says:

    It it me or is it true that wingnuts are getting more desperate each day. They lost the last two elections, they have no leadership, they do not have a platform, and they just say stupid stuff.


  16. RUCerious says:

    Shorter answer
    Article I
    Section 8 – Powers of Congress

    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 ; but all Duties, Imposts and Excises shall be uniform throughout the United States;


  17. zxbe says:

    I’m all for ANY progress we can get in healthcare. But I’d like to point out if we went with single-payer universal health-care, then the mandate is a moot point.

    Now that I think of it, perhaps that should be the standard answer from the Dems now. Any time some expresses concern about the the mandate, the talking points answer could be: “You know we could do away with the mandate. All we have to do is implement single-payer universal coverage. Thanks for your question.”


  18. katy says:

    THANK YOU, NANCY!

    that is EXACTLY the perfect response, madam speaker!

    really great to hear!

    and, with that, i’m going to take a drive, listen to a bit of music- till randi comes on – look at the colorful trees and make my way to the nursery for a few small evergreen trees to replace one i had to take down…


  19. fletc3her says:

    It’s wrong to mandate that anyone have to do anything? Like, oh, the draft.


  20. STORM says:

    This comment has been voted down. Click to read.


  21. Dirty Hippie says:

    Pelosi to reporter: “Oh! You must be the guy. We found your stupid pills after the last press conference.”


  22. P.D. says:

    Our troll @20, just proves our point. The point is, it wasn’t deserving an answer.


  23. missmolly says:

    Hmmm…I think in this instance, the CNSNews reporter deserved to be called a dining room table.


  24. Max Anax junius -1 says:

    .

    Someone needs to do a Grayson on Boehner’s @ss.

    .


  25. EugeneDebs says:

    STORMfront.

    You ignorant piece of filth. She didnt answer because its plain STUPID. There isnt any question Congress has the right to levy taxes to provide for the common wellfare. Just because YOU are too stupid to know, well basically ANYTHING, doesnt mean she needs to waste time giving an answer that should be obvious to anyone who passed an 8th grade civics course. Doesnt it embarass you to be so stupid?


  26. lokidog says:

    katy says:

    THANK YOU, NANCY!

    that is EXACTLY the perfect response, madam speaker!

    I agree 100%, Katy.

    The Democrats need to simply expose the morons with idiotic questions, because they are certainly not looking to have a serious exchange. Don’t waste time by trying to reason with them or give any credence whatsoever to their ignorant, lunatic queries .

    Treat the fools like the fools they are, and move on to serious, intelligent questions.


  27. Dave N says:

    I would have preferred she use the Barney Frank response, “On which planet do you reside?” – it would have been more apropos.


  28. Perry logan says:

    The Constitution states very clearly that white guys can do anything they want. Same with the Bible.

    Wingnut Threat Level


  29. pags2 says:

    There is a reasonable argument that forcing people to buy private insurance may be a constitutional violation. The states have passed mandatory auto insurance laws and they have been upheld by the federal courts. The difference between the auto insurance laws is that driving is a privilege and not a right. You have an option of not driving, but not so for health insurance. On the other hand we have compulsory Social Security. In order for the federal courts to toss the health insurance mandate, they would be opening the door to a SS challenge.

    The 10th Amendment is still a viable part of the constitution. The states have traditional areas of regulation such as marriages, adoptions, and other family law interests. It would be a violation of the feds to step into this area to force states to make laws on these subjects. States that are passing same sex marriage have their own right to pass these laws. The conservatives have been trying to attack these laws through the use of federal law, but they are unsuccessful. In order for these marriages to be prohibited, it would take a constitutional amendment. DOMA on governs how the federal government recognizes these marriages and between the states, but even that raises constitutional questions. How can the feds and states be free to ignore legal same sex marriages from other states in light of the Full Faith and Credit clause?


  30. Old Uncle Dave says:

    The Constitution doesn’t say the gov’t can make plants illegal, so let’s see those tenthers supporting an end to mariijuana prohibition!


  31. Badmoodman says:

    Although Boehner admitted that he is “not a constitutional lawyer…

    – - Thankfully, the man living in the White House is.


  32. muntaba says:

    “You know, one of the things that’s great about America is that we have the freedom to do anything that we want, as long as it doesn’t infringe on somebody else’s freedom,” said Boehner.

    Does that include the freedom to smoke weed or travel to Cuba?


  33. WillWrite4Food says:

    In 1813, President James Madison — the Father of the Constitution, sponsor of the Bill of Rights and co-author of the Federalist Papers — signed into law the Vaccine Act of 1813, which provided smallpox vaccines to anyone who applied courtesy of the Post Office, and the law provided for a presidential-appointed “agent” to run the initiative. Madison supported socialized medicine and had a vaccine czar! (Read about it here)


  34. 666cicadas says:

    I definitely disagree with a personal mandate with penalty fines… and was way back when Hillary Clinton proposed it during the campaign… Way to kick the uninsured while they’re down. The argument for it seems to be that everyone’s premiums will go down, but I don’t see THAT being mandated. This is just another giveaway to the institutions we should be regulating and reigning in with this bill.

    There needs to be a Public Option, at the very least, along with the mandate or this really is just making it worse for the people who need the most help right now.


  35. mat1492 says:

    I can haz cannibaz now?


  36. pags2 says:

    If the tax credit for the health care covers a basic policy, even if it is with a private company, I do not see any issue just because there is no public option. However, if these basic policies cost more than the tax credit then there is an issue of taking property under the constitution. From a personal analysis, I suspect these basic policies are going to have high copays and deductibles which will defeat the whole purpose of health care reform. The only way to stop this and bring down costs is to have Medicare for everyone.


  37. just the bleepn facts says:

    STORM says:
    Nothing! Why didn’t she answer?

    Oh patsy, you stormfront kkk racists really don’t understand there’s no place in our Democracy for you domestic extremists! Why don’t you just leave?


  38. Leftside Annie says:

    OH MY GOD – what a friggin’ MORON!!

    BWAHAHAHAHAHAHAHAHAHAHAHAHAH!!!

    That’s funny. :oD


  39. evangenital says:

    My respect for Nancy Pelosi grows by the day.

    Yesterday, she pushed and cajoled mightily to make sure that the Public Option will be included in the health care reform bill, a Public Option which she wants to have strength.

    Good for her…

    I see zero support for any reform from the repiggie trash, as thoughtless and clueless as ever.


  40. Leftside Annie says:

    Oh – and GO, NANCY!!!!


  41. LizCoro says:

    Pelosi: “Are you serious? Are you serious?”

    ~ ~ ~

    Madam Speaker, allow me:

    “Hey STOOOOPID, are you serious?”


  42. Marie says:

  43. deebaser says:

    666cicadas says:

    I definitely disagree with a personal mandate with penalty fines… and was way back when Hillary Clinton proposed it during the campaign… Way to kick the uninsured while they’re down. The argument for it seems to be that everyone’s premiums will go down, but I don’t see THAT being mandated. This is just another giveaway to the institutions we should be regulating and reigning in with this bill.

    There needs to be a Public Option, at the very least, along with the mandate or this really is just making it worse for the people who need the most help right now.

    The mandate is ESSENTIAL with any real reforms or insurance premiums will skyrocket.

    We want to keep insurers from excluding pre-existing conditions, or denying people policies for same, or setting premiums based on medical history. The only way to do that is if everyone is required to pay for health insurance.

    Otherwise you wind up with a system where the healthy will opt out and self-insure for catastrophic costs, and then run to the carriers the second they develop a condition that requires long term maintainence.

    If we can’t get single payer, we need a mandate with a public option.


  44. LizCoro says:

    “You know, one of the things that’s great about America is that we have the freedom to do anything that we want, as long as it doesn’t infringe on somebody else’s freedom,” said Boehner.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    How about deciding NEVER to put your GARBAGE at the curb?

    Just take your garbage outta your house and empty it on the lawn. Nothing stinking; just tons and tons of garbage, till your house is completely invisible; no health care code is violated because it’s not a health hazard [no stink] . .

    Not infringing on anyone’s freedom. Think the law will let you get away with this, Johnny??

    We’re not FREE to do anything we want, JOHNNY!!! Do these republicans ever think before their lips move??


  45. rgembry says:

    The answer to Pelosi’s question is, of course, that the reporter is NOT serious. The GOP is NOT serious about the 10th Amendment. They do NOT really hold the 10th Amendment, or any other part of the Constitution, for that matter, dear. For them, the Constitution is merely a means to an end, and the end is always wealth and power. Just so in this case. If they can use the 10th Amendment to stop a government program they regard as merely taking their money, and get themselves to greater positions of power, then it’s game on.


  46. DavidHart says:

    CNS Responds (email blast). What a waste of time and energy:

    When CNSNews.com asked House Speaker Nancy Pelosi (D-Calif.) on Thursday where the Constitution authorized Congress to order Americans to buy health insurance, Pelosi dismissed the question by asking, “Are you serious? Are you serious?” Pelosi’s press secretary later responded to written follow-up questions from CNSNews.com with a press release on the “Constitutionality of Health Insurance Reform,” which argues that Congress derives the authority to mandate that people purchase health insurance from its constitutional power to regulate interstate commerce.


  47. Uncle Ho says:

    I STILL have a burr under my saddle about Pelosi taking impeachment “off the table”.


  48. Xisithrus says:

    STORM says:
    Nothing! Why didn’t she answer?

    She did. She asked if the questioner was joking.


  49. NOLIESPLEASE says:

    okie dokie says:

    ——————————————————————————–

    It’s wrong for Congress to mandate that the American people have to do anything, Boehner?

    So, filing and paying taxes is voluntary, then.

    Great!

    YOU ARE CORRECT!!!! TRY FINDING ANY IRS LAW THAT STATES PAYING TAXES IS MANDITORY???

    GOOGLE IT! AND SEE HOW WE HAVE BEEN SCREWED FOR DECADES.


  50. dbadass says:

    All that shit like food inspections, national parks, infrastructure, environmental cleanups…. Damn I have been getting screwed for years. That shit should all be free…


  51. lux says:

    lmao – ms. Pelosi – you go girl!

    I’m so proud of my party.. for once in my fricken life I am proud…. we have finally taken the reigns of this debate.. we’re a majority – and finally acting like one, though I still want them to get a lot tougher.


  52. Alejandro says:

    “You know, one of the things that’s great about America is that we have the freedom to do anything that we want, as long as it doesn’t infringe on somebody else’s freedom,” said Boehner.

    Yeah, you know, except for about a 1000 freaking things that you can’t. Jesus, Bonedingle. Get real.

    Pelosi: “Are you serious? Are you serious?”

    Translation: “No, I can’t.”

    Obama said he gets his authority from right here:
    http://www.huffingtonpost.com/2009/10/23/white-houses-fox-news-boy_n_331437.html


  53. Crazy Cat Lady says:

    Gee Boner,

    So it’s wrong to mandate that women MUST give birth if they find themselves pregnant???

    +++++++++++++++++++++++++++++++++++++

    Boehner said: “Well, I’m not a lawyer and I’m certainly not a constitutional lawyer, but I think it’s wrong to mandate that the American people have to do anything.

    “You know, one of the things that’s great about America is that we have the freedom to do anything that we want, as long as it doesn’t infringe on somebody else’s freedom,” said Boehner.


  54. Alejandro says:

    USNclerk says:
    And yet, when they said it’s the law to have driver’s insurance, where was the outcry? Consistency people!

    State vs. Federal, but still, individual mandates are lame.

    machost says:
    You mean the 10th Amendment says I don’t have to pay taxes? Halleluja, I think I’ll throw a party

    Nope, because taxing you into the poorhouse is a power delegated to the United States. This means that if you don’t pay up, they will hurt you and hurt you badly.

    kie dokie says:
    It’s wrong for Congress to mandate that the American people have to do anything, Boehner?

    So, filing and paying taxes is voluntary, then.

    http://www.youtube.com/watch?v=R7mRSI8yWwg


  55. kwsventures says:

    As we creep ever closer to a dictatorship that will tell what to do and when to do it. …


  56. just the bleepn facts says:

    kwsventures says:
    As we creep ever closer to a dictatorship that will tell what to do and when to do it. …

    LOL! Sorry, but the “democratic” election that “removed” the would be dictators of Bush/Cheney already halted that. You’re welcome – a fascist d**chebag dictator supporter like you doesn’t deserve it, but we didn’t do it for you d**ches… ;)


  57. just the bleepn facts says:

    Alejandro says:
    State vs. Federal, but still, individual mandates are lame.

    A p*ssy like you is whining about being lame? LOL!

    Alejandro says:
    Nope, because taxing you into the poorhouse is a power delegated to the United States. This means that if you don’t pay up, they will hurt you and hurt you badly.

    Except for the “fact” this “saves” taxes. Wow you’re stupid, alelameo! LOL!


  58. Intrepid says:

    STORM says:
    Nothing! Why didn’t she answer?

    She did. She said to you, “are you serious??? Just STFU….. SERIOUSLY!!!”

    ……….


  59. pags2 says:

    kwsventures says:
    As we creep ever closer to a dictatorship that will tell what to do and when to do it. …

    You just keep telling yourself that lie while you are waving your teabags. Meanwhile, the rest of us have moved on because Reaganomics was pronounced dead last year by Alan Greenspan. You know who he is—Reagan’s Fed chairman and great proponent of trickle Reaganomics. The teabaggers and Republicans are going to have a tough sell with the same old snake oil. That is why many of the Republicans have disappeared in the last election. Now, the pre-eminent teabagger himself, Ron Paul, is found out that he is collecting Medicare along with 55 Republicans who are against a public government run option. History is going to keep rolling over these fools who keep dishing out the same old BS.


  60. linzloo08 says:

    And, of course, Hannity had a field day with this last night, saying something like “as we get closer to a authoritarian dictatorship” or something like that;…He twisted it into his usual “Democrats-are-out-to-destroy-liberty-and-freedom” kind of thing. I’m glad she didn’t take this idiot seriously. Why aren’t more people asking the teabaggers, birthers, etc more serious questions (you know, the ones that they actually have to think of an answer instead of looking to Daddy Rushbo to tell them what to say). That should definately expose these crazies for the idiots that they are.


  61. linzloo08 says:

    kwsventures says:
    As we creep ever closer to a dictatorship that will tell what to do and when to do it.

    Did Daddy Rushbo tell you that?


  62. IMSerious says:

    “Article I
    Section 8 – Powers of Congress

    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 ; but all Duties, Imposts and Excises shall be uniform throughout the United States;”

    RUCerious, If you’re going to quote the constitution, don’t bastardize it. The section you’ve quoted is the introductory paragraph written to summarize the intent of the list of powers following said paragraph. Those powers listed are meant as limitations (i.e. congress can and only can do such and such) and can be changed legally through an ammendment (which no one is proposing to do) All other powers not listed are within private and state jurisdiction.


  63. dquijano says:

    To call half the country names over a simple disagreement on an issue as complicated the interpretation of the US Constitution is kind of silly. This country was founded on the concept of federalism – the idea that we had many differences as a people, but a few things united us. The things that unite us are expressed in the constitution. The constitution is a contract between the states and the federal government. The idea of willy nilly adding new things (or taking parts of it away) to the constitution that are not explicitly expressed in the constitution violates the contract.

    To call a personal mandate of health insurance part of economic activity is technically true, but everything is economic. So if that is your interpretation of the commerce clause, the federal government has a constitutional mandate to be totalitarian…abortions, sexual relations, and art all have economic implications. Should they be regulated by the feds?

    That is all beside the point though, because the commerce clause clearly refers to interstate commerce.

    Comparing a federal health care insurance mandate to a state enforced car insurance mandate is ridiculous. They have nothing to do with one another, and they are totally different circumstances.


  64. estetik says:

    Speaker Pelosi is doing an excellent job estetik. The misogynists and neo-cons hate her, so we know she’s good estetik burun ameliyati . They hate her, and I adore her for it gögüs büyütme! She really knows how to get under their skin in the most delightful way estetik gögüs ameliyatlari! She seems to be a huge pimple on your butt, and damn, if that isn’t exactly where we want her to be gögüs küçültme! you now we can sit here and argue about her vajina daraltma, but the true fact is she’s going to make you and your family alot poorer before all this said and done lazer epilasyon fiyatlari. When you have to pay 1600 dollars more a year on energy because she and her karin germe ameliyatlari clonies push for this cap and trade and pulbic option shove down your throat that if you have children they well paying for, for as long they work plastik cerrahi. Than we’ll see how you like her. state tune for further developments karin estetigi. Everything you spouted about cap and trade was put out there by Koch saç nakli. Look him up . He has a little bit to gain by spreading misinformation gögüs büyütme. How can she make me poorer? The Insurance companies have already done that gögüs diklestirme! I already pay after taxes more than 20% of my income for medical! They pay nothing. gögüs küçültme. Well, I highly recommend NC, however they do have income and personal property tax vajina daraltma ameliyati! Cost of living is vastly improved over the tri-state area. The area I live in is about 114% the American norm, and very lovely gögüs estetigi! My ex has a one BR apt in NY, pays in excess of $2500 a month for 800 SF.



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