Skip to content
Catholic Herald flag

Madison Catholic Herald Archive (2001-2025)

Official newspaper of the Diocese of Madison, Wisconsin

  • News
    • Around the Diocese
    • State News
    • National-World
    • Obituaries
    • Older Editions
    • Diocese of Madison’s 75th anniversary
  • Bishop
    • Bishop Hying’s Columns
    • Bishop Hying’s Letters
    • Bishop’s Schedule
    • About Bishop Hying
    • About Bishop Morlino
    • About Bishop Bullock
  • Opinion
    • Editorial
    • Letters to the editor
    • Columns
    • Columns by name and author
  • Faith
    • Faith
    • Year of Faith
    • Faith Alive
  • Calendar
  • Obituaries
    • Clergy obituaries
    • Religious obituaries
    • Lay person obituaries
  • Multimedia
  • Advertising
    • Advertise with Us
      • Ad Policies
      • Ad Specifications
      • Classifieds Information
    • Rates & Specs (PDF)
    • Special Section Calendar (PDF)
  • About
    • About Us
    • Contact Us
    • Links
    • Catholic Herald Promotion Materials
    • Rates & Specs (PDF)
    • Subscriptions
  • Youth
  • Español
 
  • Home
  • Opinion
  • Letters to the editor
  • Insurance mandate is clear violation of the Constitution
  • Letters to the editor

Insurance mandate is clear violation of the Constitution

On February 29, 2012
Florian Zalewski

To the editor:

The struggle over the national government’s mandated financing of “reproductive health services” has, up to now, been mostly carried out under the religious liberty clause in the Bill of Rights. This is a sound, but somewhat limited, defense.

It should be remembered that the Bill of Rights was an afterthought to the original Constitution, only consented to after it looked like the adoption of the new Constitution would meet strong opposition.

A tenet of Catholic social doctrine is the principle of subsidiarity. It seems wise to consider the implications of this tenet in the context of the American constitutional system.

The guiding principle in a federal system of government is the principle of delegated powers. The states existed  before the national government and delegated certain functions to their creature, the new national government.

As one reviews the Constitution, one does not find within its clauses any that suggests that the national government, much less the president, has authority to tell a private insurance company which services it must include in its policy offerings.

Since the 10th Amendment reserves to the states or to the people the powers not delegated to the United States, the insurance mandate is a clear violation of the Constitution. And, as a clear violation of the oath to defend the Constitution, its implementation seems to be adequate grounds for impeachment.

If the religious liberty and subsidiarity defenses are not enough, then it seems that the doctrine of nullification should be reinvigorated. As both Jefferson and Madison wrote, the national government, as the creation of the states, is not the final judge of its own powers. The states have a right to resist any unconstitutional use of national power. Nullification recognizes that there are four branches of American government: the states, the legislative, the executive, and the judiciary.

On reflection, it becomes clear that all Americans have a stake in this insurance mandate issue as it has implications much further than that of paying for “reproductive health services.”

Florian Zalewski, Fond du Lac

Share this:

  • Share on Facebook (Opens in new window) Facebook
  • Share on X (Opens in new window) X
In Letters to the editorIn 10th amendment , bill of rights , Constitution , delegated powers , doctrine of nullification , insurance mandate , principle of subsidiarity , religious liberty

Post navigation

Can’t have one without the other: Faith and good works are both essential
Church, not government, commanded to feed hungry

This webite, madisoncatholicheraldarchive.org, covers Catholic Herald content from October 11, 2001 to September 18, 2008 (HTML-based website) and September 19, 2008 to October 8, 2025 (WordPress-based website).

To view content prior to 9/19/2008, browse our older editions (FreeFind site search no longer available).

To search content from 9/19/2008 to 10/8/2025, use the search box above.

For newer content, please visit madisoncatholicherald.org (FAITH Catholic-based website).

e-Edition:

click to go to the Catholic Herald e-Edition

Access our e-Edition here. For more information, contact the Catholic Herald office at 608-821-3070 or email: [email protected]

Most popular:

  • Priest announcement
  • 'Blessed event' at Stateline Pregnancy Clinic
  • Two men to be ordained to the priesthood
  • Msgr. Wilfred Schuster dies
  • Austin Steffen to be ordained in Rome

Bishop Hying’s videos:

'A Moment with the Bishop' videos on YouTube

Promote the Catholic Herald:

click for Catholic Herald promotion materials

Click here for information and materials to promote the Catholic Herald in your parish.

RSS feeds

RSS feed

You May Like

  • Letters to the editor
Tom Roberts
On March 17, 2016

If Latin Mass is restored, all Catholics should learn Latin

  • Letters to the editor
Donna Larkosh
On November 19, 2014

Wide variation in ‘brain death’ criteria in U.S.

  • Letters to the editor
Jeanne Breunig
On February 15, 2012

We must protect religious freedom and live our faith

  • Letters to the editor
Judy Booth
On September 20, 2018

Prayers need to be heading our daily ‘to do’ list

  • Letters to the editor
Kurt and Nancy Kaczmarek
On January 27, 2016

Never felt less than welcome at St. Paul’s

  • Letters to the editor
Emmett Schulte
On June 5, 2014

It’s soil, not dirt

  • Catholic Herald on Facebook

Copyright © 2001-2025 Diocese of Madison, Catholic Herald. All rights reserved.
Website created by Leemark.com and Catholic Herald staff using Telegram theme.