Healthcare. The hot topic of 2009-2010. I don't think I have
gone one day without hearing it in over a year. It is a very controversial topic,
one people tend to be emotionally vested in. Everyone from the far right to the
far left believes that the system needs reform, but the argument remains how.
The current plan to reform healthcare is very unpopular with the American
people, but the President along with Reid and Pelsoi are determined to make it
work, with a "by any means necessary" approach.
With the gigantic hole the Medicare and social security programs have dug
themselves into how is it people still trust the federal government not to
compound our incredible debt even further?
Do their beliefs and emotions on the subject cloud their vision so much on the
topic that they can't see the American People want meaningful reform that works
and doesn't continue to rack up the deficit? Is their political ideology so
strong that they aren't even willing to seek out reasonable compromise?
Regardless of either sides view's, one question still remains and is being
echoed by many from both sides of the aisle. Is government healthcare even
constitutional?
The Tenth amendment center has an article that touches on the issue briefly here.
The article dates back to Sept. 2009, but changes have been made to the bill
since then, most of which people, and even some people in congress are unclear
on.
Many people are saying that the government does not have the power to authorize
control of the health care system. Though the Supreme Court has been tolerant
of the welfare state under the commerce clause, even the most liberal justices
believe that these are boundaries congress should not cross. It also violates
substantive due process, which strikes down laws they deem to invade privacy
and interfere with personal autonomy.
Roe. V. Wade was a landmark decision by the courts that struck down abortion
laws that intruded on the Dr / Patient relationship. Government healthcare
would go far beyond this, by not letting people keep their own doctors or make
their own decisions about procedures (was debatable but confirmed to be "snuck
in" said Obama on 1/29), not to mention the global budgeting and single payer
system. These blatantly violate the court's due process rules.
So do people's ideologies exceed their own logic? The constitution can be
interpreted in many ways, but government healthcare proponent's arguments
especially with the commerce clause are not very strong.
If the government can't proscribe to use another of the Supreme Court's frameworks (abortion) how can it proscribe access to other medical procedures, things like transplants, corrective or restorative surgeries, chemotherapy treatments, or the multitude of health services that individuals may need or desire? Do charitable attitudes prevent people from saying no to the current plan on principal?
Partisan politics aside please, consider if you are pro government mandated you can still believe it can be deemed unconstitutional, but it would still be possible through a constitutional amendment.
I believe that Obamacare is unconstitutional, as it is taking away my ability to choose; my freedom to choose where I go to get health care. What if I don't want to go to that doctor? Plus, a government run healthcare system would drive our budget even further through the roof. You think we are in bad shape right now, wait a few more years when all the money that Obama has spent right now just in his first year alone starts to actually come into play. Along with putting our budget through the roof and taking away our ability to choose where we go for health care, we would also lose the quality of care because the doctors will be paid less and will be paid regardless of the quality of the services rendered. I have been in some of the countries where government run health care is present. I tell you what, if we have to go to that kind of system everyone in this country will regret their lives. In that kind of system, you don't have to pay for going in and having the common cold. But I tell you what, if you go in for something that exceeds that, and you are in for a rude awakening. In the end, the only people that are going to benefit from the health care system will be the government. Besides, if government officials are being left out of government health care because it's not "good enough" for them, then what is REALLY wrong with it? And if that is the case, then why do I want it & to have to pay for it?
Politics are definitely a hot topic for a lot of Americans. After reading this post I decided to look up the main pros & cons to Canada's health system compared to ours. Below is a link to an interview on NPR that I found quite interesting. The lady being interviewed was a long time American citizen but has been living in Vancouver with her family for the last five years so she has an idea of the differences between the two systems. One positive for the Canadian system she pointed out was that people don't "worry" over health care like we do in the United States. For example most Americans get their health care through their employer. In Canada when someone loses their job they don't have to worry about their family losing coverage because it is already covered by the Canadian government. This is a huge load off their minds I am sure. Knowing that no matter what happens at So-and-so's job, little Jimmy will be covered. This is definitely an issue that America has been struggling with over the last decade with it becoming one of the biggest issues we have had to deal with. In my opinion it is going to be extremely tough to completely reform our system. For example, taking our oil dependency into consideration, it would be a miracle to completely reinvent the 'wheel' (meaning - our infrastructure with oil is so vast that cutting it completely out seems impossible). Our current situation with health care is at some sort of the same crossroads. Where does the money come from to reform? Taxes? I say cut CEO pay for every major organization on U.S. soil. There are millions of Americans that NEED a health care reform - but we are country based on capitalism so cross your fingers... and toes.
http://www.npr.org/templates/transcript/transcript.php?storyId=111084018
I'm not intending political debate here per say, we could really debate this forever. I was pointing out attitudes and beliefs may cause logical judgments to be skewed, and if in fact the idea of govt. mandated healthcare is or is not constitutional. The biggest issues being the Roe v. Wade point, and poor interpretation of the commerce clause. Taking away things including the freedom to choose your doctors, the freedom to choose what’s in your plan, the freedom to keep your existing plan, the freedom to be rewarded for healthy living, and the freedom to choose high-deductible coverage are incredible invasions of privacy.
The U.S. Commission on Civil Rights has also criticized healthcare on it's affirmative-action and racial preferences, and its intrusive regulation of medicine, as being unconstitutional.
Nearly everyone can agree we need meaningful reform. All I am saying is based on previous court decisions and original intent of the constitution, I am not seeing how it could be constitutional unless an amendment was made. Besides, if this was passed and deemed constitutional, what happens to Roe V. Wade? Is that not opening up the floodgates of putting the federal government directly in our homes? Is this recent collectivist attitude and partisan ideology so strong in some politicians they would still pass a bill with a 52% disapproval rating that they themselves are exempt from? How is that belief formed and rationalized?