November 2, 2009 Leave a comment
One of the major issues that has been raised with the proposed health reform is the idea of forcing all US residents to purchase health insurance. A reporter in Monday’s press conference asked press secretary Robert Gibbs about whether or not the White House has verified the Constitutionality of such a measure. It turns out Gibbs was unable to answer that question making it more clear that the administration is putting very little emphasis on whether the final product they pass is within the government’s constitutional authority. Now I know many of you will tell me about how blatantly it violates our constitution to begin with. My point in all of this is to point out that not only is the administration grabbing authority over something it is not allowed to control, but that there isn’t even a remote effort to reconcile that at any kind of level.
People love to point toward the mandate that people have auto insurance but you need to keep in mind something they are not telling you there. The auto insurance mandate is enacted at the state level. It is not federal law and therefore is not in the jurisdiction of the commerce clause of the constitution like they try to draw that mandate from. Keep in mind health care is not a tradable commodity and I find it rather silly that it is to be considered such when insurance companies cannot do business across state lines to begin with. There is just too much on the books that contradicts each other. When you go directly to the constitution, not to case-law, you cannot go wrong. I equate it with going directly to a primary source for information. That way you’re not interpreting an interpretation your reviewing the actual text and making an informed decision for yourself – which seems to be lacking in the Country today.