[Congressional Record Volume 157, Number 9 (Monday, January 24, 2011)]
[House]
[Pages H434-H435]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Mr. HERGER:
       H.R. 397.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Section 2 of the ``Reform Americans Can Afford Act'' 
     repeals the Patient Protection

[[Page H435]]

     and Affordable Care Act and the Health Care and Education 
     Reconciliation Act, which include several specific provisions 
     that exceed the powers granted to Congress by the 
     Constitution. The general repeal of these laws is consistent 
     with the Tenth Amendment, which reserves to the States and to 
     the people those powers that are not delegated to the United 
     States by the Constitution.
       Division A (Sections 101 and 111), Title IV of Division B, 
     and Division F are enacted pursuant to Article I, Section 8, 
     Clause 1 of the Constitution, which grants Congress the power 
     to collect taxes to pay debts and provide for the common 
     defense and general welfare of the United States.
       Division A (except Sections 101 and 111), Division B 
     (except Title IV), Division C, Division E, and Division G are 
     enacted pursuant to Article I, Section 8, Clause 3 of the 
     Constitution, which grants Congress the power to regulate 
     interstate commerce.
       Division D removes the federal government from the doctor-
     patient relationship consistent with the rights and powers 
     reserved to the states and the people under the Ninth and 
     Tenth Amendments.
       Division F (Section 602) protects the right of the people 
     to free exercise of religion under the First Amendment, and 
     the right of the people to the equal protection of the laws 
     under the Fourteenth Amendment.