Healthcare, Interstate Commerce, The 10th Amendment and Why No One Knows What Will Happen
Posted by Andrew MooreMar 23
So here I am… Discussing a position about legal rulings. I am not a lawyer. I thought about being one. My dad said I should have been one.
I am not a lawyer.
I took some time to dig into the 10th Amendment. I have found a glut of information on the subject and wanted to share.
I have received a great deal of contention and support on my last article. I had talked about a few points, but was pounded on my assertion of the 10th Amendment being at the heart of the “healthcare” debate. I decided it was time to dig in to understand what the 10th Amendment may mean for this debate in regard to mandated coverage for all.
Simple point of argument… Mandatory Coverage. That is all I am looking at. When the federal government dictates to the people that they must purchase insurance or be fined, the Congress has inducted its right using implied powers from the Commerce Clause in the Constitution.
What I found was complicated and at times difficult to understand. If you are a lawyer or law student and understand this subject- PLEASE WEIGH IN!
The 10th Amendment and the Commerce Clause
I have learned that there are two areas of consideration. One is the 10th Amendment; the other is The Commerce Clause in the Constitution. It was put in to fix issues with the Articles of Confederation. (Sleepy yet?)
The Commerce Clause states that Congress has the right ”To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”.
The 10th Amendment states “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.”
Got it? Two different areas of the Constitution.
What Does the Court Say About the Commerce Clause?
The Supreme Court has ruled on the congressional power of interstate commerce regulation repeatedly. The court has provided multiple rulings that weigh heavily in favor of Congress. Congress has a right to regulate commerce based on implied powers from the Commerce Clause. See the Whitepaper linked at the bottom of the post for an in-depth look.
What Does the Court Say About the 10th Amendment?
There is a fantastic article on Jrank.org regarding the history of the 10th Amendment. I urge you all to read it.
Basically, the Court has the opinion that Congress has implied powers to regulate activity. In a recent opinion form 1985, the Court’s opinion is summarized well by Lawnix:
“In reaching this decision, the Court said that if certain states are worried about the extent of federal authority over a particular local matter, the residents of such states should contact their senators and representatives who are constitutionally authorized to narrow federal regulatory power through appropriate legislation. .”
Basically- the Court said, “If the people don’t like the law, then vote the bums out ’cause it ‘aint our job to fix bad law”.
The Bottom Line
The Court has had many opinions on the Commerce Clause and the 10th Amendment. What will actually decide the merit of the Healthcare bill’s constitutionality is not the Commerce Clause or the 10th Amendment- it is in some lesser known rulings regarding the ability of Congress to penalize Americans for not following certain legislation.
In regard to the Healthcare penalties for people not carrying insurance, Congress included updates to the 1986 tax code. These changes are the foundation for the penalty- You see it right? Congress made the penalty … a TAX… Congress may have a way around the issue by hiding behind taxation and not actual federal fines.
So- it may NOT be the 10th Amendment… Stupid.
Andrew, indeed the new law enforces itself through the I.R.S. Your wages can be garnished, your tax returns confiscated, etc., if you do not follow the mandates of the law.
The tenth amendment is simple. Any power not exlpicitly stated in the Constitution is up to the states. The federal government is about to tax you simply for breathing, for the first time in American history.
According to the Constitution, the highest law of our land (higher than all the courts, including the Supreme Court), powers to regulate health care rest with the states. Ergo (no play intended), this legislation is unconstitutional. Any court ruling it constitutional is wrong.
Besides, the ability to REGULATE something does not mean the ability to COMPEL it. You have to create smoething before you can regulate it.
This make any sense?
This does make sense. Although I am not inclined to agree. There have been multiple instances of the government requiring people pay for services or face penalties. The only difference is that this bill requires the people to purchase a private service rather than a public one. The courts will probably side with the Congress.
True, but a lot of those services are either required by the Constitution itself (military), or they’re left to more local governments. It’s perfectly valid, for example, for a city or county to compel you to pay taxes so that they can build roads. Don’t get your taxes confused, though.
There has never been a federal tax on people simply for existing. Most of choose activities where txes are levied, like getting jobs and paying for goods and services, but I defy you to name a single instance where you have to pay a federal tax simply for existing; this is the first time it’s ever been done.
The courts may or may not side with Congress; it doesn’t matter, though, because the Constitution itself is the highest law of the land, including any Supreme Court, and legislature, and any president.
The highest law in the land says that any power not explicitly given to the government by the states is left for the state themselves to reserve (10th amendment). Any legal decision, by a supreme court or any branch of government is subject to this. This new health care violates the Constitution; Stare Decisis and its supporters can go pound sand.
“WE the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, PROMOTE THE GERNERAL WELFARE, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. ‘
“Let’s fix what is broken, and improve on what we already have at a price we can all afford to pay. With the Affordable Health Care for America Act we are doing just that while strengthening and protecting Medicare at the same time.”
- Steve Kagen, M.D.
WHAT’S IN IT FOR YOU?
MEDICARE RECIPIENTS: No deductibles or out-of-pocket expenses for prevention medical services, like mammograms. Your Mom and dad need ths.
SMALL BUSINESSES: Level the playing ;field to drive down costs.
GOT COVERAGE NOW: If you like your coverage, keep it. If you do not have health insurance I am tired of pay for your emergencies. I am tired of you spreading dease etc. around in school, workplaces because you can’t see a proper doctor or because you think you won’t have an emergency.
NO COVERAGE NOW: Health coverage will be affordable. If you don’t know that the greed and lack of ethics in the insurance and medical fields soon would have made your insurance unaffordable then you can’t read this anyway.
HOSPITALS AND PHYSICIANS: Increase in reimbursements for Medicare and Medicaid services. I it was up to me I would have cut medical worker pay to aline it with police and fire pay. When was the last time you saw a nurse, doctor, or medical Tech. running toward gunfire or flames.
OUR ECONOMY: Cutting costs for care will allow private business owners to create the jobs we need. it may allow you boss to continue
to provide you insurance or to start.
Babies: They can not longer be refused coverage for “Pre-exsisting conditions.” Did you get that? They were refusing to cover babies!
Policy Caps: They can no longer cap your coverage annually or lifetime. I had a Cap on my insurance at 1.5 million life time. You knew about the caps, right?
Dropping Coverage: They can no longer drop you coverage when you get sick!
WAIT, WAIT, THERE’S MORE: Other Improvements in the New Health Care Bill
1. Begins to close the donut hole in Medicare Part-D
2. Begins to reform medical malpractice
3. Negotiate deeper discounts for prescription drugs
4. Eliminates anti-trust exemptions for health insurance corporations
5. Purchase health insurance across state lines
6. Push back against excessive price increases for insurance
7. Extension of COBRA for unemployed/uninsured
8. Children under age 27 to be covered by parents plan
9. Immediate coverage for those with pre-existing conditions in a national high risk pool
10. Increased payments to hospitals and doctors who care for Medicare patients
At a Price We Can All Afford to Pay the new health reform bill will reduce the federal deficit by over 1.2 TRILLION in the first 10 years, according to the Congressional Budget Office. AND,
DON’T FORGET THAT THIS BILL FINALLY CUT THE BANK PUKES OUT
OUT OF THE PELL GRAND PROGRAM.