by C Howard Diaz
In an earlier article I wrote titled “Government Shutdown, A Crises or the Constitution in Action?” I gave my reasons for why I believe the Affordable Care Act is un-constitutional.
“In the beginning, then Speaker Pelosi announced “we have to pass the bill to see what is in the bill.” So the Democratic majority in the House did just that, they passed the bill without reading the bill. I doubt there were any of the original framers of the Constitution who would have accepted that statement from anyone.
Who, in their right mind believes we have a Congress that should not read the bills they pass into law? It may make a funny sound bite, but this is serious.
In the Senate, ObamaCare was passed while the Democrats had sixty seats, a super majority. They had enough seats to legitimately pass the law, but it was passed only after special backroom deals were made with the senators from Florida, Nebraska and Louisiana.
Back room deals, arm twisting and special kickbacks will not be found anywhere in our Constitution. All this, and they held the majority in both houses.
Then, when the law was reviewed by the Supreme Court, Chief Justice Roberts tied himself into a knot trying to figure out a way to give it the Supreme Court’s blessing and ended up rewriting the law so it could be OK’d as a tax. The Constitution does not allow anyone to create law but the Congress of the United States. What Justice Roberts did was unconstitutional.
So with this kind of track record, anyone who could call this a constitutionally passed law can’t be talking about the United States Constitution.
Now, to stop the insurance policy cancellations the administration knew in advance would occur, the president is UN-CONSTITUTIONALLY changing his own law. A law that was written by Democrats, a law that passed both houses only by Democrats and signed into law (un-constitutionally) by the president. Sold with promises, made by the president, that he knew would not be kept, “If you like your plan you can keep it, period. If you like your doctor, you can keep your doctor, period”
In an act to protect Senators and Representatives who are up for re-election in 2014, he thinks he can change the law on his own un-constitutional authority with a press conference. He believes he has the authority to take this action and he DOES NOT! His act is an act of a dictator.
While extending the time for the people to sign up is a popular move on Obama’s part, decisions like that cannot be made by any president under our Constitution. It needs to go back to Congress and only Congress can make the changes and then the president can approve the changes.
Simple, right? Actually it is not that simple, because not even Congress has the authority to force the insurance industry to do it and the law was un-constitutional in the first place.
This has become one of the most screwed up laws in the history of the United States and the Democrats and President Obama are the reason. They tried, with all they had to introduce a quasi socialist like health care system, but this is America and the Constitution doesn’t allow that.
The Constitution and ObamaCare cannot coexist and the president cannot pick and choose the parts of the Constitution he decides to enforce.
We need to scrap the law and fix the few problems our health care system has, constitutionally.
1. Allow insurance companies to sell health insurance nationwide much like car insurance. The “Commerce Clause” could be used Constitutionally for this, as sales of insurance could qualify as commerce.
2. Any health insurance purchased by an American would allow the policy to stay with that American wherever he goes, like car insurance an individual can select the coverage that suits him best and change insurance providers at will.
3. Allow individuals to buy health care insurance in the same manner as corporations do now, but exclude the corporations from any requirement to offer insurance just as they don’t offer car insurance. The corporations could still offer to subsidize a portion of the individual’s health care as a perk for working for a corporation.
4. Pre-existing conditions will not cause any health insurance plan to be denied.
5. All insurance companies must provide an entry level health care program for the poor that would provide for catastrophic coverage and reasonable access for standard health care.
6. Institute TORT reform to require “Losing Lawyer Pays,” to help prevent frivolous lawsuits being filed against doctors.
7. Put an end to client trolling on TV by law firms that advertise nightly, much like ambulance chasing lawyers did in the past. This client trolling only makes lawyers wealthy and increases medical costs for every American.
There are more things that need to be done, but with these few changes to our current health care system, health care providers would compete for customers much like you see the car insurance companies compete on TV every day and night. The private sector would find ways to reduce costs while competing for new customers.
This would get the federal government out of the health care industry and enhance the doctor patient relationship. Think of the changes that have come about with car insurance.
Later, MediCare and Medicaid could be looked at to refine and through reduced costs the possibility of getting the government out of the health care business could be a possibility. Remember as President Reagan said, “Government isn’t the answer, government is the problem.”
If the Democrats and the administration refuse to repeal ObamaCare, then the People and the States must adopt a Constitutional Amendment carefully worded to end any kind of federal government involvement in the private sector with anything including our health care system.
Our Constitution would be preserved and the government bureaucracy would just stay out of it. America’s health insurance system would be improved without any federal government mandates. When our Constitution was written, the framers never included anything that mandated Americans to do anything. In a free America federal government mandates don’t exist.
Our Forefathers knew it and it’s time the liberals in the Democratic Party learn it now. We are a free People and our Constitution protects us from the tyranny imposed by acts like The Affordable Care Act.