Can the federal government involve itself in health care?

Currently under the GRANTED, LIMITED, powers granted to the federal government it has the power to do the following things;

1)    Raise revenue. The Congress shall have power to lay and collect taxes, Duties, Imposts and Excises, to pay the Debts and provide for the Common Defense and General Welfare of the United States; but all duties, Imposts and Excises shall be uniform throughout the United States. Though this is limited as the revenue is for 3 purposes, to pay the debts, provide for the general welfare of the UNITED STATES, and the common defense. It should be noted that general welfare though misconstrued by many to be a broad grant is not even a grant, merely a purpose. How then do we know what is considered to be the general welfare? Well thankfully certain powers were delegated by which we may know what is considered general welfare.
        

2)    To borrow money on the credit of the United States;
3)    To regulate Commerce with foreign Nations, and among the several states, and with the Indian tribes;
      This could be troubling as regulating commerce at first glance appears a bit vague, as does “among the states”. Fortunately good scholarly research has gone into this (Randy Barnett and Robert G. Natelson) that show the legal AND common understanding of commerce to be the exchange of goods. Certain sitting courts of the Supreme Court have considered this to grant congress the power to regulate industry or business that has affect on commerce. This is both disingenuous and untrue to the plain text and historical context.
     First one must consider what is it that the framers and those who ratified were seeking to correct. Remember, “a more perfect union”, and “domestic tranquility”. What was not “perfect”? Well a state such as Maryland or Virginia might impose a tax upon ships not registered in their state for docking at their ports, others might levy tariffs upon the people of one state bringing their goods through their state. Thus REGULATE AMONG THE STATES was meant to both bring about harmony and keep the states united, and ensure a regular flow of commerce whereby all the states would benefit (general welfare).
      Second, and although partially dealt with above, what does “among the states” mean? Well as I said, I partially showed among the states to be a governing, regulating influence to prevent one state from levying excise, taxes, or tariffs that were detrimental to others. This then we know is a power that extends to the states. Is it a power that extends to the private citizen? Under a limited grants constitution, if a power is not granted, then it cannot be exercised.
       We know that it is a limited grants constitution as to gain more powers, amendments must be ratified for such. We also have clarification through the 9th and 10th amendments that show that the people have rights and are not granted them…retained by the people, and that the people and the states are the only ones that may exercise powers not granted. As no grant of power in the US constitution gives the federal government any specific authority either over the individual or to legislate on his behalf any attempt to regulate private business or promote good, particularly specific good that benefits the individual can only be seen as a usurpation of a right and power not granted.
       To further ascertain the scope of power for the federal government we must look to the effect and manner of operation under the US constitution. For example..” The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence”,  from what is omitted we may see that individuals are not the concern, but the states comprising the Union.
           
4)    To establish an uniform Rule of Naturalization, and uniform Laws on the subject of bankruptcies throughout the United States;
5)    To coin money, regulate the value thereof, and of foreign coin and fix the Standard of weights and measures;
6)    To provide for the punishment of counterfeiting, the Securities and current coin of the United States;
7)    To establish Post roads and post offices;
8)    To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
9)    To constitute tribunals inferior to the supreme court;
10)    To define and punish piracies and felonies committed on the high seas, and offences against the laws of nations;
11)    To declare war, grant letters of Margue and Reprisal, and make rules concerning captures on land and water;
12)    To raise and support armies, but no appropriations of Money to that use shall be for a longer term than two years;
13)    To provide and maintain a navy;
14)    To make rules for the government  and regulation of land and naval forces;
15)    To provide for calling forth the militia to execute the Laws of the Union, suppress insurrections and repel invasions;
16)    To provide for organizing, arming and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by congress;
17)    To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square), as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the er_ection of forts, magazines, arsenals, dock-yards and other needful buildings; - And
18)    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 thereof.
      I included all of the powers granted for three purposes, 1) To make sure we have before us all the powers available for governance to see if under any one of them Congress may involve itself in health care. 2) To illustrate the general effect and manner of operation of Congress’s power. 3) To see that the purposes of Congress are then defined by the powers granted. To pay the debts is self explanatory, so no exposition, but it needs to noted that as common defense is not a broad unlimited power, but a purpose defined and powers granted to do is seen by 11,12, and13 to name a few. In like manner so is general welfare a purpose defined and powers granted for, such as 4, 5 and 6.
      In addition to the above, concerning the claim of “general welfare” being a power, rather than a purpose for which the power of revenue is granted, one needs only look at the structure used in wording the revenue power… The congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States…Here it is seen that a qualification on the revenue power is attached at the end, but if debts, defense and welfare were separate powers, why would they be packaged between a power and a qualifying phrase? This, in addition to the superfluity of enumerating powers which could easily be legislated on if Common Defense, or General Welfare were broad grants of power makes clear that the so called “General Welfare” clause that many use as an excuse for their usurpative acts is anything but.
      Now a question may come up, “What about 18”. Easily answered in that it is placed there as an ancillary and subordinate power because of the difficulty in enumerating all the powers needed to carry out the above, but it certainly cannot properly be construed  as a grant of power beyond those enumerated, only an assisting power, and if the main power does not speak to an issue, then certainly “necessary and proper” can only be understood in a limited sense, and in  defining it’s usage as limiting, again NECESSARY and PROPER.
     What about the Supreme Court’s rulings?
                 Section. 2. The Judicial power shall extend to all cases… arising under this Constitution…
The important phrase above is ….”arising under this constitution”. As private/individual citizens conduct of business, or the power to provide for their good, does not arise under this constitution one can only look at those decisions given by SCOTUS as misconduct and certainly a violation of the good behavior clause that allows a justice to maintain office.              
       In summary without the states and/or the people formally expressing their will through an amendment, and thus saying that we continue to be bound to the current grants of power, regardless of when adopted, the answer is “No, the federal government may not involve itself in health care.”