Tuesday, October 27, 2009

Health Care Reform - One Question

When considering what the 'leaders' in Washington are currently trying to do to our health care system, you need to ask one simple question: Is it constitutional?

Judge Andrew Napolitano - a constitutional scholar - recently wrote in the Wall Street Journal;

"The practice of medicine consists of the delivery of intimate services to the human body. In almost all instances, the delivery of medical services occurs in one place and does not move across interstate lines. One goes to a physician not to engage in commercial activity, as the Framers of the Constitution understood, but to improve one's health. And the practice of medicine, much like public school safety, has been regulated by states for the past century."
As such, using precedent set by the Supreme Court, the Democrat's claim that the Federal Government has the right to regulate health care, due to its interstate nature, simply does not hold up. There is no constitutionally supported power of the Federal Government to force Federal Government run health care down the throats of American citizens.

Taking the next constitutional step, we look at the 10th Amendment. As the above mentioned, power is not specifically granted to the Federal Government; it is clearly reserved as a power of the State Governments. The State of Massachusetts in 2006 established the Commonwealth Health Insurance Connector Authority, which provides free health care for residents earning less than 150% of the Federal Poverty Level (FPL) and partially subsidized health care coverage for those earning up to 300% of the FPL. While I'm not commenting on the effectiveness of this legislation, I will say that it was certainly more in the purvey of the State Government to enact this legislation, than it is for the Federal Government to do so on a national level.

Here is the thing that really slays me in all of this: The Feds are using interstate commerce to back their authority to enact health care reform, while simultaneously continuing the ban on insurance companies selling health policies across state lines... can you say Hypocrites?

Wake up America, your President and House and Senate leadership seem to have our Sacred Constitution printed up on rolls of Charmin and are using it to wipe their backsides. I can only imagine that my namesake is rolling over in his grave.

So ask yourself the question, is it constitutional? The correct answer is no.

1 comment:

  1. Hey, at least we are getting a "consumer option".

    ReplyDelete

 



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