Does the Constitution limit Congress? At all?

This video discussion (with Senator Orrin Hatch, Eugene Volokh, and Randy Barnett) of the constitutionality of the Health Care Mandate is over an hour long, but really worth watching. I was especially impressed by what Senator Hatch says about the importance of the Constitution as a restraint on government. Renewed my faith to see a senator talk that way. Hatch believes the mandate is unconstitutional because it goes beyond regulation of the marketplace, and requires participation by citizens under penalty of law. The requirement that every American buy health insurance is, argues Hatch, completely unprecedented and such a dramatic departure from constitutional limitations on congressional power that if upheld, it would mean that the Congress could do anything it wanted.

Including, presumably, implementing a planetary one child policy -- recently advocated by a leading Canadian newspaper:

A planetary law, such as China's one-child policy, is the only way to reverse the disastrous global birthrate currently, which is one million births every four days.
And why not? If Congress has the power to make all citizens buy insurance, then surely it has the power to save the planet.

Congress could simply copy and paste the following Canadian editorial language as "Congressional findings":

The world's other species, vegetation, resources, oceans, arable land, water supplies and atmosphere are being destroyed and pushed out of existence as a result of humanity's soaring reproduction rate.

[...]

-If only one child per female was born as of now, the world's population would drop from its current 6.5 billion to 5.5 billion by 2050, according to a study done for scientific academy Vienna Institute of Demography.

-By 2075, there would be 3.43 billion humans on the planet. This would have immediate positive effects on the world's forests, other species, the oceans, atmospheric quality and living standards.

-Doing nothing, by contrast, will result in an unsustainable population of nine billion by 2050.

Just add a few "whereas's" and it's ready to go.

Besides, it relates to health care, so maybe they could attach it to the current bill at the last minute when no one is looking or has time to read.

China has proven that birth restriction is smart policy. Its middle class grows, all its citizens have housing, health care, education and food, and the one out of five human beings who live there are not overpopulating the planet.

For those who balk at the notion that governments should control family sizes, just wait until the growing human population turns twice as much pastureland into desert as is now the case, or when the Amazon is gone, the elephants disappear for good and wars erupt over water, scarce resources and spatial needs.

How long will it take? I'm 55, and I have seen countless predictions fail to come true. I'm freezing my ass off in Michigan while I'm being scolded about how the oceans will boil and continents will disappear. So yes, I balk at the notion that governments should control family sizes. Besides, governments have already controlled family sizes, with rather horrific results.

I'd rather enact controls on government sizes.

That was the original theory of the Constitution.

MORE: Via Glenn Reynolds, Jim Lindgren raises the question of whether a planetary one-child policy might doom the welfare state.

A welfare state is in one sense a big Ponzi scheme. Without increasing numbers of people entering the scheme, there is no money to pay the people receiving the money. As Mark Steyn has repeatedly pointed out, you can't run a welfare state without a growing population.
The simple solution is to just raise taxes on the rich!

posted by Eric on 12.12.09 at 12:58 PM





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Comments

"A planetary law, such as China's one-child policy, is the only way to reverse the disastrous global birthrate currently"

And this would be enforced how? Will Diane Francis volunteer to serve papers on each of millions of people in, say, Egypt and Libya? Perhaps she'd like to hike into remote Afghan villages to tell people they're under arrest? Their governments certainly aren't interested in taking such measures--although they'd be happy to pretend to, in exchange for massive bribes from the West.

The only thing that can be learned from that editorial is that Diane Francis is a fool.

pst314   ·  December 12, 2009 05:00 PM

Who will pay into Social Security? Who will pay into all the Welfare programs? Who will take care of the elderly?
After all, if two sets of married couples each have one child, and those two children marry and have one child, doesn't that work out to one person to tend to 4 elderly?

Patrick in Des Moines   ·  December 12, 2009 05:09 PM

"Who will pay into Social Security...?"

Soylent Green will be people who aren't left-wing.

pst314   ·  December 12, 2009 07:15 PM

The "One-Child" proposal is seriously out of date. UN data, shows that in almost every country birth rates are falling, and in Europe, China, Japan, North and South America total population numbers are stagnant or falling. While the predominance of young people will cause some further growth, it is unlikely that total world population will exceed 7.5 to 8 billion, and the total should begin to decline around 2030 to 2040.

The UN issues three projections. The legacy media uses the middle projection. It assumes that every country has a replacement birth rate (2.1 per woman per lifetime). Most countries are below replacement, and their birth rates are falling.

Bob Sykes   ·  December 13, 2009 08:34 AM

Paul Erlich was wrong about resource exhaustion- lost his bet with Julian Simon, and he was wrong about the Population Bomb.

Most of Latin America has a 2.0 - 2.5 fertility rate, contrasted with 5-6 40 years ago. Only Africa and much of the Muslim world have not made the demographic transition.

Gringo   ·  December 13, 2009 12:25 PM

Gringo,

Even the Muslim world is in the middle of a transition. Birth rates are falling all over the world.

M. Simon   ·  December 13, 2009 03:03 PM

Interestingly enough, Ms. Francis has *two* children.

A thought: does this mean that the people behind this
sort of government-mandated "one child" policy will
be willing to admit that they are only proponents of
a woman's right to choose if and only if she chooses
abortion? Wouldn't the right to privacy upon which
the Roe v. Wade decision was based have to be swept
aside to implement this evil policy? Where is the outrage
from the "my body, my choice" crowd?

Clinton   ·  December 13, 2009 10:37 PM

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