I just came across this blog post today: “Donald McEachin Eviscerates Anti-Individual-Mandate Legistation” As one that believes in the Constitution and the principles it espouses, I thought it needed a response. Let us look at the two sections that come into play here. First, we have Article 1 Section 8, which spells out the power given to Congress by the states.
Section 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the Supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
There are two points to be made here. First nowhere in that section do you see anything that relates to healthcare or an individual’s health. Now, when you bring that up to people like the poster of this blog, they then point to this part, “ general Welfare of the United States”. The problem here is twofold, first the meaning of “general welfare”, has changed over time. Alexander Hamilton, the Founding Father with the loosest view of the General Welfare clause wrote the following in the Federalist Papers.
"This specification of particulars [the 18 enumerated powers of Article I, Section 8] evidently excludes all pretension to a general legislative authority, because an affirmative grant of special powers would be absurd as well as useless if a general authority was intended." - Alexander Hamilton, Federalist 83
"No legislative act … contrary to the Constitution can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid." - Alexander Hamilton, Federalist 78
From both of these quotes, I fail to see how even he could justify the Federal Government getting involved in Healthcare. The second problem with using the “general welfare” clause can be shown with the following example. Suppose a gated community hired me and signed the following agreement with me:
Frederic L. Boisseau shall have Power To lay and collect fees, to provide for the safety and well being of the community; but all fees should be uniform for each homeowner;
To patrol the streets and apprehend those that commit crimesTo secure the entries to the community
To provide emergency services to fight fire and give medical aid.
If I then started saying that you could not have a pool (kids could drown in it), a real Christmas tree (fire hazard), swing sets (a child could get hurt), or blinds on your windows (might prevent me from seeing a crime being committed). You would say that I was crazy, you did not give me that authority, and you would not accept any argument that I had that authority from the “safety and well being” clause. And you are right, my authority is clearly limited to the 3 items listed above.
When you take the above in context with the 10th amendment “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people” is very clear. Restated, it says to Congress -- If the power is not listed in Article 1 Section 8, CONGRESS YOU CANNOT DO IT. End of discussion.
For those of you who would like more information or insight on what this writer calls the “10 Troubling Clauses of the US Constitution”, see this link http://www.reasontofreedom.com/general_welfare_clause.html.
Showing posts with label health care. Show all posts
Showing posts with label health care. Show all posts
Tuesday, February 9, 2010
Saturday, December 5, 2009
Outgoing Governor Tim Kaine proposes expanding health benefits to partners.
By Daren Gardner
In his usual dissappearing act, outgoing Governor of Virginia Tim Kaine is now proposing to extend health care benefits to any adult who would live in the household of a state employee who is currently on the health care plan.
Let me first impart that I have nothing against any of the people I am about to name. Ok, so let's see, you have many to chose from, just take your pick. We could see family members, well that is not so bad. Oh, and then you have your high school friends, your friends you meet at the bar who needed a place to live, now they become eligible. You have same sex couples, and how about the friend of cousin Fred who is down and out and also sleeps on your couch for a year. I think you get the picture.
This is just a great example of fine leadership of our part-time governor that has thought about Virginians First. On his talk with Jimmy Barrett on WRVA radio on Friday's last "Ask the Governor" show, he stated that he had thought about this before, but he could not get past the added cost. Now he wants to implement it, so our Governor-Elect Bob McDonnell will have to deal with those cost.
He also says that this individual who receives this benefit will have to pay the full cost. Can anyone tell me what sense that makes? Do you think that is how it will happen? Do you think it will not have an increase in cost to the state?
If for a minute, you, the citizens of the Commonwealth of Virginia, think that this will not be a huge increase on our tax dollars, you are in for a rude awakening. This will throw the state health care cost out of control. Citizens, those of you who sit back. Those of you who do nothing. Those of you who one day will say, and are currently saying, why did they let this happen? Well, the they, is you, and you failed to come forth and fight such madness with the rest of us who have been pounding the streets at rally's. Failed to get on the phone to make the calls to your representatives. Failed to write the letters, send the faxes.
Those of you who quietly sit back and complain, and whom feel some kind of an embarrassment, if you come out to voice the opinions you really have. That you would not have the courage to stand up and excercise your First Amendment right. Or is it you have not taken the time to teach yourself, to become informed, to have the "want to" of standing up for freedom.
I challenge you today to come on out. Not to sit quietly in your homes and watch from afar, but to come and stand quietly beside your fellow American, who is out standing up for this country, and our Constitutional Rights. To be outraged when one of our proudest countrymen, Medal of Honor recipient, a 90yr old American Veteran Hero, is challenged on the proper way to fly the American Flag.
Little by little our government keeps whittling away at our rights and our freedoms. Citizens, we need less government, not just a balanced budget, but less government in our lives. We do not have to have this enormous spending that is taking place. Our state government has got to get out of doing all the business for the people, instead let the people do their own business. Let the free enterprise system work. Our government has got to stop trying to take care of everything, instead encourage and teach our citizens how to take care of themselves. We as citizens need to help and encourage each other.
As I have stated, our prosperity has ruined this nation. We all need the basic needs to live on, but I am not saying prosperity is bad. It has changed the mindset of so many Americans though. I was once told about 25 yrs ago by a man whom I had great respect for, that nothing remains the same in life, that if you do not change it, it will change you. We have to as citizens stand up and change our government, and this is not just small talk. This past year has proven that as Americans we can make a difference if we do stand together in this battle. You are not alone. You do have to take a step forward though. Many of us have your back. Many of us are on the front lines daily. Many of us will celebrate with you in victory. Something you will miss out on if you are not willing to take a step out of your comfort zone.
So with little over a month in office, our Governor, Tim Kaine, was asked the question, would he run again for Governor of Virginia, his response was "doubtful". I am sure glad for one thing, he sees the writing on the wall.
In his usual dissappearing act, outgoing Governor of Virginia Tim Kaine is now proposing to extend health care benefits to any adult who would live in the household of a state employee who is currently on the health care plan.
Let me first impart that I have nothing against any of the people I am about to name. Ok, so let's see, you have many to chose from, just take your pick. We could see family members, well that is not so bad. Oh, and then you have your high school friends, your friends you meet at the bar who needed a place to live, now they become eligible. You have same sex couples, and how about the friend of cousin Fred who is down and out and also sleeps on your couch for a year. I think you get the picture.
This is just a great example of fine leadership of our part-time governor that has thought about Virginians First. On his talk with Jimmy Barrett on WRVA radio on Friday's last "Ask the Governor" show, he stated that he had thought about this before, but he could not get past the added cost. Now he wants to implement it, so our Governor-Elect Bob McDonnell will have to deal with those cost.
He also says that this individual who receives this benefit will have to pay the full cost. Can anyone tell me what sense that makes? Do you think that is how it will happen? Do you think it will not have an increase in cost to the state?
If for a minute, you, the citizens of the Commonwealth of Virginia, think that this will not be a huge increase on our tax dollars, you are in for a rude awakening. This will throw the state health care cost out of control. Citizens, those of you who sit back. Those of you who do nothing. Those of you who one day will say, and are currently saying, why did they let this happen? Well, the they, is you, and you failed to come forth and fight such madness with the rest of us who have been pounding the streets at rally's. Failed to get on the phone to make the calls to your representatives. Failed to write the letters, send the faxes.
Those of you who quietly sit back and complain, and whom feel some kind of an embarrassment, if you come out to voice the opinions you really have. That you would not have the courage to stand up and excercise your First Amendment right. Or is it you have not taken the time to teach yourself, to become informed, to have the "want to" of standing up for freedom.
I challenge you today to come on out. Not to sit quietly in your homes and watch from afar, but to come and stand quietly beside your fellow American, who is out standing up for this country, and our Constitutional Rights. To be outraged when one of our proudest countrymen, Medal of Honor recipient, a 90yr old American Veteran Hero, is challenged on the proper way to fly the American Flag.
Little by little our government keeps whittling away at our rights and our freedoms. Citizens, we need less government, not just a balanced budget, but less government in our lives. We do not have to have this enormous spending that is taking place. Our state government has got to get out of doing all the business for the people, instead let the people do their own business. Let the free enterprise system work. Our government has got to stop trying to take care of everything, instead encourage and teach our citizens how to take care of themselves. We as citizens need to help and encourage each other.
As I have stated, our prosperity has ruined this nation. We all need the basic needs to live on, but I am not saying prosperity is bad. It has changed the mindset of so many Americans though. I was once told about 25 yrs ago by a man whom I had great respect for, that nothing remains the same in life, that if you do not change it, it will change you. We have to as citizens stand up and change our government, and this is not just small talk. This past year has proven that as Americans we can make a difference if we do stand together in this battle. You are not alone. You do have to take a step forward though. Many of us have your back. Many of us are on the front lines daily. Many of us will celebrate with you in victory. Something you will miss out on if you are not willing to take a step out of your comfort zone.
So with little over a month in office, our Governor, Tim Kaine, was asked the question, would he run again for Governor of Virginia, his response was "doubtful". I am sure glad for one thing, he sees the writing on the wall.
Thursday, October 29, 2009
Tricking the People: Same ol’ Health-scare, but likely worse… by Julie Ranson
As is usually the case with thorny political issues, our government continues to change the terminology used in the healthcare debate. We’re no longer talking of healthcare reform, it’s now health insurance reform. It’s so much easier to demonize those greedy, mean, benefit-denying insurance companies. Since the insurance industry is the entity with which the liberal left so desperately wishes to “compete,” the Washington leadership has quit throwing doctors under the bus by accusing them of wantonly ordering tonsillectomies and foot amputations. It's the insurance company's turn to get beat up by politicians!
We do need to talk about healthcare and health insurance reform, but... with doors wide open, minds open, and fair debate about free market principles within the healthcare industry. Cries of “foul” have emanated in this lengthy fight because of the phrases like, “government takeover” and “government-run,” as the liberals vow they have no desire for a full-fledged government program (e.g., single-payer). But the facts remain that free-market principles are being flouted in favor of solutions prescribed and managed by the government, designed to move this country to a single-payer system in a decade or so.
The evolution of our insurance system from private industry to a government-payer system WILL come to pass should the public option (now called consumer option by N. Pelosi) be included in any reform legislation. Congressional liberals have been throwing the term “competition” around a lot, as though the government can function as a competitor in the health insurance field. You and I know it will not work out well for the insurers, right? Consider a basketball game where the players are insurance firms and the referee is the government. Now, what if the referee decides he also wants to play in the game? He’s calling the game, interpreting the rules, and making plays. If you were a player, you know exactly how angry you’d likely be at any given moment in that game, don’t you? It wouldn’t be fair and it would not be a real contest. David St. Clair describes how “competition” in rate setting will eliminate private insurers:
While we might not come to a conclusion about what is perfect in healthcare reform, clearly we can agree that the liberals in Washington have absolutely no idea how doctors work and how the free market works. It could be they don’t care much about the free market system that has brought us choice, opportunity, and prosperity. Regardless, a lack of understanding and a lack of appreciation for the system that makes America great are still shameful behaviors for elected officials.
We do need to talk about healthcare and health insurance reform, but... with doors wide open, minds open, and fair debate about free market principles within the healthcare industry. Cries of “foul” have emanated in this lengthy fight because of the phrases like, “government takeover” and “government-run,” as the liberals vow they have no desire for a full-fledged government program (e.g., single-payer). But the facts remain that free-market principles are being flouted in favor of solutions prescribed and managed by the government, designed to move this country to a single-payer system in a decade or so.
The evolution of our insurance system from private industry to a government-payer system WILL come to pass should the public option (now called consumer option by N. Pelosi) be included in any reform legislation. Congressional liberals have been throwing the term “competition” around a lot, as though the government can function as a competitor in the health insurance field. You and I know it will not work out well for the insurers, right? Consider a basketball game where the players are insurance firms and the referee is the government. Now, what if the referee decides he also wants to play in the game? He’s calling the game, interpreting the rules, and making plays. If you were a player, you know exactly how angry you’d likely be at any given moment in that game, don’t you? It wouldn’t be fair and it would not be a real contest. David St. Clair describes how “competition” in rate setting will eliminate private insurers:
A government-based health insurer modeled after Medicare would possess Medicare’s distinct advantage over private insurance companies: the ability to use the power of the law to set rates of reimbursement to doctors, hospitals and other care providers. Private plans, in contrast, are forced to negotiate these rates. The significance of this disparity was captured in a study by Milliman, Inc., last December which revealed that private plans shouldered a $90 billion annual cost-shift from Medicare/Medicaid. A public plan’s ability to use the legal authority of the federal government to set whatever rates it chooses, as Medicare does, would effectively eliminate any chance private plans have to be competitive. Contrary to what the Times’ editorial states, this would indeed serve as a death knell for private insurers as we know them.
While we might not come to a conclusion about what is perfect in healthcare reform, clearly we can agree that the liberals in Washington have absolutely no idea how doctors work and how the free market works. It could be they don’t care much about the free market system that has brought us choice, opportunity, and prosperity. Regardless, a lack of understanding and a lack of appreciation for the system that makes America great are still shameful behaviors for elected officials.
Sunday, August 23, 2009
Taking To The Streets
We conservatives and libertarians tend to keep to ourselves and have a desire to just be left alone. This thinking has usually worked well for us, but over the past years we have seen all kinds of crazy protests instigated by unions, homosexuals, ACORN... even illegal aliens have had the gall to prance through our streets demanding access to the public purse. Often these are the only voices coming through. Even setting aside the media bias, they are the only voices being raised.
Our political representatives often respond to public pressure when it does not conflict with contributor interests, and up to now, most of the pressure has been coming from those using one hand to hold a picket sign and the other to reach out to scoop up more goodies from the public trough. While most of us have been working to get money to pay our taxes, they have been whining and looking for to ways to take hold of more of this money for themselves. We have abdicated our responsibility to speak up and have left the playing field to the to the avaricious mob. We lost by default!
Does this mean that we can't get the word out? Definitely not! Sure it is one more thing to squeeze into your schedule and mine, but I have found that there is always time for things we see as most important. The issue then becomes recognizing the damage that is being done to our country and making a priority to stop it.
Now is the time... no, it is past time for us to overcome some of our natural tendencies to live quietly by ourselves. Although it's not really in our nature, we must band together and speak up, not just individually, but publicly as a body of citizens. There are enough of us to make a difference. Our problem is that we are busy working, spending time with our families, helping to make our community better and all sorts of other productive activities. Our opponents tend not to have so many of these demands on their time... they often don't have such a rough time fitting self-serving public protest into their schedules.
Tonight, was the first I took part in such a protest in close to twenty years... the last being way back in New Jersey when we gathered around an inappropriately located adult bookstore in the pouring rain... and made the front page of the Star Ledger.
About two hundred of us gathered outside our local ABC affiliate to protest the ObamaCare infomercial they were running. This was not a normal event for most of us but it was refreshing to spend the evening with many who had not been too involved in the past, but have been awaken from their slumber by the outrageous changes being inflicted upon our land.
We made new acquaintances, renewed old ones and found many people with whom we share a lot more in common than we would have ever thought. The first lesson learned was the WE ARE NOT ALONE! If you are concerned about your country, you are not alone either.
It doesn't matter if there are ten of you coming together or a thousand. There is a fellowship among those who cherish their liberty and are willing to take a stand for it. With the tea parties and patriot groups, combined with our government's encroachment on so many areas of our lives, there will be many more opportunities to make your voice heard. It's well worth working it into your busy schedule. Keep in mind that the most meaningful things we do are things that reach beyond ourselves and contribute to the greatness of our country and the welfare of our neighbors.
Originally posted at:
http://www.politicalchristian.org/wordpress/2009/06/taking-to-the-streets/
Our political representatives often respond to public pressure when it does not conflict with contributor interests, and up to now, most of the pressure has been coming from those using one hand to hold a picket sign and the other to reach out to scoop up more goodies from the public trough. While most of us have been working to get money to pay our taxes, they have been whining and looking for to ways to take hold of more of this money for themselves. We have abdicated our responsibility to speak up and have left the playing field to the to the avaricious mob. We lost by default!
Does this mean that we can't get the word out? Definitely not! Sure it is one more thing to squeeze into your schedule and mine, but I have found that there is always time for things we see as most important. The issue then becomes recognizing the damage that is being done to our country and making a priority to stop it.
Now is the time... no, it is past time for us to overcome some of our natural tendencies to live quietly by ourselves. Although it's not really in our nature, we must band together and speak up, not just individually, but publicly as a body of citizens. There are enough of us to make a difference. Our problem is that we are busy working, spending time with our families, helping to make our community better and all sorts of other productive activities. Our opponents tend not to have so many of these demands on their time... they often don't have such a rough time fitting self-serving public protest into their schedules.
Tonight, was the first I took part in such a protest in close to twenty years... the last being way back in New Jersey when we gathered around an inappropriately located adult bookstore in the pouring rain... and made the front page of the Star Ledger.
About two hundred of us gathered outside our local ABC affiliate to protest the ObamaCare infomercial they were running. This was not a normal event for most of us but it was refreshing to spend the evening with many who had not been too involved in the past, but have been awaken from their slumber by the outrageous changes being inflicted upon our land.
We made new acquaintances, renewed old ones and found many people with whom we share a lot more in common than we would have ever thought. The first lesson learned was the WE ARE NOT ALONE! If you are concerned about your country, you are not alone either.
It doesn't matter if there are ten of you coming together or a thousand. There is a fellowship among those who cherish their liberty and are willing to take a stand for it. With the tea parties and patriot groups, combined with our government's encroachment on so many areas of our lives, there will be many more opportunities to make your voice heard. It's well worth working it into your busy schedule. Keep in mind that the most meaningful things we do are things that reach beyond ourselves and contribute to the greatness of our country and the welfare of our neighbors.
Originally posted at:
http://www.politicalchristian.org/wordpress/2009/06/taking-to-the-streets/
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