Senator Salazar, Esq. to the Rescue!?

Greetings Senator (Ken) Salazar, D-Colorado;

Thank you for responding to my question about federal healthcare programs. Out of all of the people I contacted you are the only one to take time to write back. My question went to the root of the constitutional authority for the federal government to implement, run or oversee such programs, whether ‘mandatory’ (such as Medicare) or voluntary. From your letter it seems that you look to the Preamble to empower the federal government in these programs.

“Congress has the right to provide for the general welfare of the people whom they serve and it is clear that the general welfare of children lacking health care coverage is significantly and negatively affected.” -Senator Ken Salazar, January 17, 2008

Is that what they teach in law school classes on constitutional law in Michigan? That the Preamble empowers Congress? Under that theory there would need be no additional substance to the Constitution. The Preamble would empower Congress to do anything it wants relative to the ‘general welfare.’ How convenient. But there is much more to the Constitution than the Preamble. Why so? Perhaps because most (nay, all) constitutional scholars maintain that the Preamble is merely a statement of purpose, an explanation of why the constitution is being offered. It is a prelude to the actual empowering language that is to follow. It authorizes and empowers not a wit. Congress’ powers reside and are limited to Article 2, Section 8.

Pre-am-ble: noun: an introductory statement (as to a contract); especially: the introductory part of a constitution or statute that usually states the reasons for and intent of the law. Note: While preambles do not state law and therefore are not judicially enforceable, they are used to determine legislative intent when interpreting statutes. –Merriam-Webster’s Dictionary of Law

So, upon perusal of Article 2, Section 8 I am still at a loss to find any empowering language for federal healthcare programs. Can you possibly further instruct?