Is the Health Care Bill "unconstitutional"?
There have been a number of district court decisions about the constitutionality of the health care reform law. The lastest opinion to hit the news was yesterday when a district court judge in Florida apparently declared the whole law null and void because he couldn't segregate any portion of it without making the whole thing disfunctional.
I have to say that I do have an open mind toward those who argue that the government doesn't have the authority to make an individual buy something from a private party. It is a slippery slope. And there is no doubt that the commerce clause of the constitution has become the catch all for all those things that congress wants to do that don't fit neatly into any other part of the constitution.
Perhaps the courts have been too lenient over the decades in granting congress authority under the commerce clause. Granted, commerce is a lot of things. But it isn't everything. And, the Democrats seemed like they gave in way too easily in agreeing that we had to shape our health care system around the private insurance companies. I mean, what they are saying by this bill is that we can't have universal health care if we don't let the insurance companies thrive. I'm not sure that is true. In fact, I'm pretty sure it isn't true.
And why the Democrats let the health insurance companies roll them, I don't know. Well, yes I do. I guess it is called campaign contributions. But it was a sad thing to behold, just on principle. No doubt this law is going to end up in the Supreme Court. I think there's a good chance that they will strike down the individual mandate. If they do, look out individual mandates that states are giving us, like having to buy auto insurance. That always rubbed me wrong anyway.
I mean, an insurance mandate is ok, but once you pass the premium period and don't have to put in a claim, you should get some of your mandated investment back, shouldn't you? Maybe all of it? But to be forced to enrich this industry when you don't participate in high risk activities is very questionable. And if a provision in a state constitution butts up against the national constitution, the state should lose. We'll see.
We're probably heading for another 5-4 decision. Kennedy will be the swing. Oh, the more things change the more they stay the same. I want health care and am willing to pay something for it. But right now, we're getting ripped off. Our premiums are too high. We never put in claims, but they keep going up, simply because we get older, and not based on our health. Why should that be allowed?
Our country is too bought off by money. That's all there is to it. And we're not the only ones. Money is pretty much driving the world. Ultimately, that is one of the biggest problems.