Obamacare and The United States Constitution
During all the townhall meetings and such with respect to this claimed "reform" of health care in America which is being promoted by the Obama Administration, it has truly astounded me and many other Americans that the key issues with respect to this legislation have not at all been addressed.
And that is the "legality" of any such legislation under our current form of government as encompassed by the U.S. Constitution.
Just how many aspects of this plan would not hold muster under the light of Constitutional provision? Fundamentally, almost all of them.
Starting with the fact that it is not within Congress or the Presidents enumerated powers of office to "mandate" that Americans must buy or "purchase" health care coverage at all. Their job is to to ensure freedom, not to take freedom away, in determining just what Americans choose to spend the money that is the result of the fruits of their own labors.
The 16th Amendment and income tax itself violated that "intent" and those provisions (since the 9th Amendment superceded the 16th, thus requiring the 'consent of the governed' for any such legislation), and now the Cap & Trade tax that was recently sped through Congress (while even shutting down the Energy Committee website to remove the right of petition) another.
"Globally" taxing Americans now for the "greater good" of the planet was not something the founders would approve of in the slightest. Especially without the American people's express (rather than implied) consent using simply polls and media propaganda for the basis of this ludicrous legislation.
Within the stimulus bill were sums that were included to hand over to Bill Gates and the telecom industry in order to facilitate also a federally funded database containing all Americans most privileged and personal information - their health care records. Definitely a violation of the privacy "search and seizure" provisions of our Constitution, and fundamental Bill of Rights violation.
Who wants a federal lackey in Washingto to know whether or not you have ever contracted an STD or had an abortion? Or are HIV positive? Or underwent cancer treatment but have been determined to now be cancer free? Or saw a counselor during a traumatic life event or loss for a mental health tuneup?
Think of what a political tool and weapon this can be, in addition to such a fundamental privacy violation. Or how those records could then be subpoenaed by lawyers in civil suits without privacy protections unrelated to the case, or eventually by employers in order to deny employment based on physical health even though the position and the health concern would have absolutly nothing to do with your ability to carryout the needed job functions.
Think how many more court actions and judges for those courts at taxpayer expense are going to be needed for all the legal challenges when this information is misued, or there is a security breach by some governmental employee that makes that movie on stolen identity a nightmare come true?
There is no inherent right for the government to overstep its Constitutional authority, but it appears that in the last decade that is all the government has actually done. Overstep its Constitutional authority time and time again. And then been negligent in doing its true duties in others. Such as truly securing our borders.
So much so to the point now where Americans are truly becoming outraged at these townhall meetings, but the socialists and fascists still haven't gotten the message and are now through DHS attempting to marginalize and make the American people and victims of this governmental abuse as those to "watch."
How dare they. Isn't it the American people who are paying their salaries, and were to be representatives of them with respect to their duties and those concerned citizens outrage maybe justifialble due to the Constitutional violations and Washington's demonstrated arrogance now time and time again?
The spins continue. Just today there was an article again on the internet attempting to "explain" the Myths and Facts of Health Care Reform.
Of course, using "myths" again to obscure the true "facts." That Congress and the President are outside Constitutional authority in even wading in these waters. Especially during this current economic meltdown that has left many jobless and homeless - and will now be facing increased energy costs due to the last Constitutional abridgement if they can still hang onto their homes.
While they continue to feed the bankers and insurers that are primarily responsible for this economic meltdown, rather than protecting the people and citizens from such abuse.
Rather, the true "reform" would be to back up and reinstitute our Constitution, and instead use those telecom monies in order to set up a national complaint system for abusive insurers that deny coverage, or doctors who are overbilling and abusing the system. And then stripping those insurers or doctors of their licenses to do business for criminal fraud.
Reinstituting again the "common law" on punitive damage awards (not compensatory) so that ethical doctors can stay in practice. Why do you think our infant mortality rate is now less than Cuba's? All those obstetricians that had to leave practice in the 80's due to the removal of those caps might just hold a clue.
Co-ops are what insurance companies actually were to begin with. What is also needed is forbidding those commercial corporations that exist on public sums from investing in high risk investments with those premiums, such as what occurred with AIG.
Not profiting off their criminal activities yet again with this legislation. And also the terms of the policies which are sold, and coverages which are now standardized and information shared within the industry without citizen recourse also as to what is included in that industry pool.
Obamacare once again shows that Mr. Obama's representations during this last election cycle shows that not only was his campaign rhetoric a bunch of hogwash with respect to the war, protecting the middle class, and Joe the Plumber, but even his actual credentials.
A Constitutional lawyer actually is a little familiar with the Constitution.
Which Mr. Obama clearly is not.
Nor is the 111th Congress that is even giving credence to this legislation in its current form.
Tags: Obamacare , Health Care , Reform , Insurance , Companies , Government , Congress
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