Category Archives: Health Care

State Of Constitutional Confusion

In light of the recent ruling by Florida U.S. District Court Judge Roger Vinson it is interesting while at the same time very frustrating to hear the analysis on whether Obamacare is constitutional or unconstitutional. One jaw dropper I heard today was from Michael Medved when he said Obamacare is unconstitutional, but that single payor or the public option would not be, merely because of the power of taxation. He stated very simply that since the federal government has the power of taxation that it can do whatever it wants with that tax money. He just leaves out about three-fourths of the picture needed to come the correct conclusion that any federal involvement in any health care program such as Obamacare is unconstitutional. The federal government does have the power of taxation, but, but, but, those taxes are authorized to be spent only on an enumerated power, or something necessary and proper in order to carry out an enumerated power—it is just that simple.

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Another stupid statement I heard was from Bill O’Reilly and Megyn Kelly during their discussion about this ruling. O’Reilly keeps bringing up the auto insurance safety issue argument while saying the “government” has the authority in safety concerns to get involved. O’Reilly doesn’t understand that the federal government has no such authority to mandate auto insurance, none, zip, zero, nada. He doesn’t even seem to understand that there are actually separation of powers not only between the executive, legislative and judicial branches, but also between the state and federal governments. His, and Medved’s constant use of the term “the government” leaves one very important question to be answered—which government? Then Kelly stated that the commerce clause gives congress the ability to do almost anything—no it doesn’t. The commerce clause gives congress the authority to regulate interstate commerce, and that’s it. It doesn’t give the authority to regulate things that affect interstate commerce,  such as the insane ruling in the 30′s that a man couldn’t grow wheat for his own consumption, because it affected interstate commerce.

It is amazing to me that seemingly intelligent individuals are so willing to accept such unconstitutional misguided notions. Their policy is, Oh well, the courts have decided, there is nothing we can do except go along to get along. There is a saying that goes something like this; At first, a man exposed to criminal activity will abhor it. As he is exposed to it longer he will become indifferent to it, and with continued exposure he will become to embrace it. This is exactly what has happened in respects to the unconstitutional activity of the executive, legislative and judicial branches of the federal government. The only way to battle such rights robbing stupidity is to constantly and unapologetically argue that the federal government return to a constitutional form of government. We can’t reverse everything, but we can reverse much of it with time, and allow the states to handle issues that affect each of us so profoundly. Such decisions should be left to those near to us, not by someone in a far away state.

The Tortured Commerce Clause

“The Congress shall have the power…: To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes.” Did you notice what it doesn’t say. It doesn’t say that Congress can participate in interstate commerce. It doesn’t say that Congress can regulate an activity of an individual citizen who is producing something for his own use, even though others produce that very same thing for sales across state lines, which has happened. Lastly, It doesn’t say that Congress can force citizens to participate in interstate commerce or any other type of commerce.

The Commerce Clause really is a very simple and straight forward enumerated power. An enumerated power that has been stretched, twisted and tortured in order to do one thing, and that one thing is, to give the federal government powers not authorized by the Constitution. Politicians, starting in the 1930′s supported by their accessories in the judiciary, have unconstitutionally intruded into the lives of the American citizens, and are now poised to rob even more freedoms with the just passed health care fiasco.

The Commerce Clause has been invoked lately as authority to force citizens to participate in commerce, but the most common reasoning is that the government makes Americans buy auto insurance. Well, the first thing we must do is determine which government we are talking about, because different levels of government have different authorities and responsibilities. Those who make this auto insurance argument are trying to justify an unconstitutional federal activity by conflating it with a constitutional state activity. The 10th Amendment gives this authority to the States, not the United States government.

Call It Anything But A Tax Increase

Obama and his cohorts are groping for ways to fund his and their extravagant government life style and not having to call it a tax increase. During his appearances on a multitude of Sunday morning shows he found himself trapped in a discussion of whether the fine in the proposed health care legislation to be assessed on those who do not purchase their own health insurance is a tax or not. Right now, Obama is wishing he hadn’t campaigned on the promise that those in the bottom 95% would not see their taxes increase, because it is patently obvious that something will have to give, for there is no way he will be able to pay for all he wants to do and charge it only to the top 5% of wage earners.

This Sunday Obama argued that a fine for not purchasing health insurance is not a tax. I have heard another democrat strategist say that the tax increase on cigarettes was not a tax increase, because it was not the kind of tax increase Obama was talking about. It appears that Obama wants you to believe that as long as he doesn’t raise your payroll taxes that he is sticking to his taxes promise. This is just another example of Obama thinking he can say whatever he wants, and you will go along with it just because you like the way he sounds when he says it.

Whether it is called a fine, fees, taxes or revenue enhancement, it is all theft from the American citizens. The power of taxation is a responsibility that should be wielded with great deference toward the tax payer, but Obama, as with most statists, doesn’t believe in the principle of personal property, for he sees the personal income and wealth of the American citizens as the property of the State to be used as he sees fit. The power of taxation should not be used by politicians to satiate their never ending desire to be loved.

Will The Public Option Be Self-Sufficient Or Not

Barack Obama said in his historic speech (part 23 or 24, who knows) before Congress that the public option will operate just like regular insurance companies in that the premiums charged will be sufficient to cover the costs of the program. He then went on to describe how this government option can be paid for. Well, I guess the obvious question I have is, if the premiums will be sufficient to cover the costs of the program, why is all this talk about how to pay for it necessary?

“Liberal Bigots” Isn’t That Redundant

I was listening to the Bill Press show last Friday as I do every morning so that I can keep up with what the left wing loons are whining about. One big topic lately has been the boycott of Whole Foods because of CEO John Mackey’s piece in the Wall Street Journal in which he laid out some very good ideas to help improve health care and health insurance. I think the sensibility of his plan is what is driving the liberals so much more crazy. Keep in mind that John Mackey is a CEO who takes a one dollar bill for his salary, and Whole Foods pays their executives far far less,  relative to what the Whole Foods peons are getting, compared to what executives at other companies are receiving compared to their peons.

John Mackey is the liberal’s poster boy when it comes to executive pay, and benefits to the peons. But, woe is he who dares to propose sensible solutions to health care that don’t involve a massive federal government take-over. Bill Press said something that is perfectly telling of exactly how bigoted and useless liberals are to these discussions. Press, in talking about Mackey said, “He needs to keep his opinions to himself, and keep his mouth shut.” Bill Press doesn’t want a logical discussion, he just wants those opposed to his warped vision of health care to stick a sock in it

The Government Option Trigger Is A Farce

The recent revelations that Olympia Snow is working with some Democrats  to install a trigger for the activation of the government option if the insurance companies don’t reduce costs. Knock knock who’s there, the insurance companies have a limited ability to reduce costs, because they don’t set the prices medical practitioners charge. Insurance companies serve a very important purpose. They for a small fee relative to what they may have to pay out will take the risk that their customers cannot afford. Insurance was never designed to pay for every expenditure, but that is exactly what far too many individuals expect. Insurance companies just like the American people are victims, yes victims of the federal and state government interference of the free market system. In the end, this so-called trigger will be set up so that it will certainly be pulled.

Paul Wellstone Part II

Do you remember the hideous memorial to Paul Wellstone, the Minnesota Senator who died in a plane crash a few days before the 2002 mid-term elections in which the attempt was made to inspire the Democrat voters. It turned out that that pathetic spectacle may have motivated liberal voters, but it had the opposite effect on the more independent minded ones. The question now becomes, what kind of a show will we see with the passing of Ted Kennedy. With many already wanting to name the health care reform/health insurance reform/hate the insurance companies reform/cut costs reform legislation in his name, and are trying to rally support for a takeover of health care in his name, and considering that we are talking about Ted Kennedy here, not some peon senator from Minnesota, I suspect will be in for a rip roaring occasion.

I don’t believe adding his name to the health care legislation or invoking his name with god-like reverence will help at all. I do not believe that those in Congress who do not support a government take-over will become to support it just because Teddy’s name is on it. I also think the American people will see this exactly for what it is—a cheap attempt to manipulate them into supporting the legislation. In the end, after all the hoopla and electioneering, this proposed travesty will rise of fall on its own merits.

Whose Costs Will Be Saved With The So-Called Government Option

Let me say up front, that the notion that the government option will cut costs is totally brain dead, but liberals and those who support government health care keep saying that it will do exactly that, without ever explaining exactly how that will be done. They seem to think that all they have to do is say it, and it will be true. The problem with this cost saving notion, is that there are several entities involved, all of which have costs and prices that must be dealt with. This includes the people in general, health care providers, drug companies, and the federal government.

Obama said he wants a one stop shopping place where the people can compare plans and benefits of the private insurers against that of the government option, and this process is supposed to keep the private insurance companies “honest”.  The problem with this warped notion of competition between the private insurers and the government option, is that the private insurers do not have the power of taxation to make up budget shortfalls.

Since the private insurance companies will not be able to match the less expensive up-front price and better benefits of the government plan, they will not be able to compete with the federal government and they will be forced out of the health care business.  You would think that Obama, who is supposedly one of the smartest people on the planet would be able to understand such an elementary aspect of competition, or more likely it is his goal to drive out the private insurers. Those of you who think that is a good thing, tsk, tsk, tsk. We will only be replacing all of the private insurance companies with one, count’m, one insurance company—let’s call it the Federal Government Insurance Company (FGIC).

Under the government option you will be paying a premium to the Federal Government Insurance Company and it will in turn pay the providers for your health care. One thing that you must always remember though, is that the Federal Government Insurance Company will experience the same problems that all other insurance companies experience. It will have the impossible task of reconciling dollars coming in with the dollars going out, because this will be a system where the users have no incentive to conserve its usage, and it will be administered by bureaucrats who have no reason to fear losses, the system will quickly go bankrupt—just like all federal government programs. And for those who think that those eeeevil profits are the  problem, well those eeeevil profits will be replaced many times over by even more eeeevil fraud, waste and abuse.

As the government plan begins to gobble up more and more money because the cheap premiums won’t be enough to cover the lavish benefits, decisions will have to be made. The FGIC will have basically three choices, and it will without much doubt choose all three. It can cut benefits, increase taxes, or install price controls—these will be the costs to the people.

Cutting benefits is self-explanatory, and increased taxes will be a certainty unless you are in the lowest wage brackets. The most insidious, the most cancerous of these three choices are price controls. Remember, doctors, nurses, hospitals, operating rooms, emergency rooms, clinics, etc, etc, etc don’t grow on trees. It takes years of training, and countless dollars of investment to create and most importantly sustain a viable health care system. These costs don’t just vanish into thin air just because the Federal Government is involved.

Price controls will kill all incentive to become involved in the health care system or to continue to be involved. Proof of that fact is that many health care providers right now, won’t accept Medicare patients. Those who work in the health care profession are not slaves. They cannot be made to provide their services, and when they decide their services are not being adequately compensated—they will leave—it is just that simple. Health care innovation will die, new life saving drugs will not be created, and people will die.

The health care system will surely collapse as the Twin Towers did. Not from terrorism from abroad, but from terrorism from within. That may seem harsh, but that is exactly what is happening. The statists are terrorizing our free market system, the very system that made this the greatest country on God’s green earth—The Most Perfect Union.

National Health Care—Eden Part II

In listening to Barack Obama’s description of national health care last night, it seems that we would be in the land of Eden—no muss, no fuss. He says national health care will reduce costs and prices, eliminate fraud, waste and abuse, and it will make health care more accessible to all, and there will be no rationing—well, sign me up—NOT!  Barack Obama enjoys so much hearing himself speak, that he doesn’t take the time to listen to what he is saying, and unfortunately, this also applies to far too many of his supporters. As Bob Beckel a democrat strategist once said about Obama, “He thinks just because he says it, he thinks it is.” The problem with Obama’s notion of national health care is that he attempts to defy all rules of supply and demand, and yes, the rules of supply and demand exist, even in a government run program.

Let’s look at the issue of supply and demand, and I am sorry to have to use such an elementary example to explain this, but so many individuals just don’t understand the basic nature of it. What would happen if your local grocery store started giving away its products?—everything you (the demander) wanted was free, zip, zero, nada. There would be a run on the store, and the shelves would be bare by the end of the day. What would that then do to supply?—it would create a shortage, and this means that nothing would be available for others. But, what about the store owner (the supplier). He has absolutely no incentive to restock the shelves, because there is no profit motive, which means that those who are waiting in line, will be waiting a long time. Lets sum up this basic principle. If the demanders have no reason to conserve, they will waste it, and if the suppliers have no incentive to sell it, it won’t be made available for sale—which means shortages and rationing, and this is exactly what Obama’s health plan will do.

Obama and the other left wing loons actually want you to believe that they can create a health care system without shortages and rationing that will cover all citizens (demanders) currently in the system and then add 47 million more people, of which up to 10 million are illegal aliens. Money may grow on trees in D.C., but doctors, nurses and other medical professionals do not. And if these professionals do not make a salary commensurate with their education and training, they will not provide the service, and this will compound the shortage problem.

His system will be largely subsidized by the federal government which makes it basically free to those (the demanders) who use it, which in-turn means overuse and waste. It will be administered by bureaucrats who have no incentive to avoid fraud, waste and abuse—do you remember the Pentagon purchases of $400 hammers, $600 toilet seats, and $7600 coffee pots? Do you think for one moment that problems like these do not exist in all areas of government spending. National health care will be no different—it will be a massive bureaucracy rife with waste, fraud and abuse, and those who actually believe that federal bureaucrats can operate an efficient system need a brain transplant.

What we are going through right now is the ground work for a complete take-over of health care by liberal politicians. They know that they can’t get it done in one fell swoop, so they will propose something in between for now, and then go for the kill later. Russ Feingold recently expressed this very sentiment on a radio show. Obama’s plan will have the advantage of taxation to subsidize premiums which insurance companies do not have, and this will force insurance companies out of the health insurance business, because they will not be able to compete with the lower subsidized premiums and broader coverage. Keep in mind how politicians think that they have the right to be involved in the daily business decisions of the banks and car companies that took federal money recently, for they will believe that they will have that same right when it comes to your health care. National health care is unconstitutional, but the authority to do something is different than having the power to do it. Politicians in D.C. don’t have the Constitutional authority for national health care, but they certainly have the power to ignore the Constitution, and will do so if not stopped.

National Health Care Is Unconstitutional and Unaffordable

I was listening to the liberal Stephanie Miller show a couple of days ago, and the main topic of discussion of course was national health care. This show was filled with the usual liberal mantras – we need to do this now—it can’t wait, oh, and the best one—it will save money. Individuals who called in would thank her for doing a good job, and say that we needed national health care so badly.  But, something was completely absent the two and a half hours I listened, something very, very important – and that was how to pay for it. None of the callers talked about it and neither did Miller.

Now, with an issue as important as this, you would think there would be some discussion about the costs and how to pay for it – after all, money doesn’t grow on  trees. Well, actually the first thing to discuss would be if it is constitutional, which it isn’t – but, liberals really don’t care about the Constitution unless they can use it to beat someone else over the head with it for their purposes. I also couldn’t help but notice that Miller is using the Obama tactic of trying to laugh off the criticisms of those opposed to national health care. I guess this tactic will augment their current modus operandi of conflation and emotionalism.

Nowhere in the Constitution will you find any authority to support the notion of national health care—read it—please read it. Many, including the Supreme Court Justices of the Roosevelt Administration sought refuge for his social programs in the Commerce Clause and the General Welfare Clause.  With these distorted interpretations, President Roosevelt was free to do anything he pleased, which included meddling in the daily lives of Americans. I don’t think this is what the founding fathers had in mind, and let’s always remember the circumstances that caused this great country to be formed. The President and the Congress have the power to do a lot of things, a lot of things that are noble, but, they do not have the authority—there is a difference. The founders put in place an amendment process that isn’t a good fit for those with A.D.D., but the amendment process is how it should be done. Unfortunately, the ruling was made, precedent was set, and the rape of the Constitution has occurred ever since.

Now, there is a way to do it constitutionally, and that way is for each State to handle it in a manner that is tailored to, and best serves their citizens. The operative amendment for health care is the Tenth Amendment which gives does in fact give that authority to the States. Many of the pitfalls that exists for the Federal Government also exists for the States, but the States can do it much more efficiently and cost effectively than a bunch of clowns in Washington D.C.

The cost of this program is the problem for liberals – because they know that the American people will oppose national health care as they become more informed about how ridiculously costly this program would be, and that is why Obama is pushing to get it done as quickly as possible. One thing liberals never do when putting in place their do-gooder policies is look beyond the first level, and consider the unintended consequences. They will sit around patting themselves on the back while the economy is falling apart around them. They don’t care that health care will become scarcer, more expensive, less effective and less responsive—they will in a very simple minded fashion say, “we gottem insured”. The flaws of national health care are tremendous,  do the research yourself—and a great place to start is the Constitution.