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"They that can give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." --Benjamin Franklin

28 October 2009

Health Care "Reform" - Constitutional?

It is rewarding to see some of the main stream media finally asking what the blogosphere has been asking for a while about the threatened health care "reform." Is it constitutional? I asked that a couple of days ago in, "One Question on Health Care Reform that Matters." Today, the Washington Times asked the same question in "Constitutionality of health overhaul questioned." More people should be asking their elected representatives this question. The answer they get should be a quality indicator of whether that elected official deserves to keep their job and understand the limits and intent of our founding fathers. If you hear "public welfare clause" or "interstate commerce clause" or "we is the 'gummint', damn it," you need to fire that elected official in the next election or better yet, initiate recall procedures immediately at the state level. What Congress is about to do is clearly outside the list of the 21 enumerated powers in the US Constitution. Once, we could count the the US Supreme Court to keep the US Congress in check. But no longer is that the case. Ever since FDR tried to pack the court with his appointees using the innocuously named Judiciary Reorganization Bill of 1937 to insure that his progressive socialist agenda was not slowed, the Supreme Court seemingly lost some the courage and moral compass to act as a real check and balance as was intended. Since then, US presidents have carefully selected appointees for the court who they think will forward their agenda. In the last century, the court has been occupied by jurists enraptured by altruism and statism. Only during short periods does it seem to retain a judicial balance before once again it tips dangerously right or left and we lose more freedoms as individuals. Some Supreme Court justices believe their role is to reshape the US through application of the laws, not support and defend the Constitution and protect the individual from government excess as they swore to do upon entering the court. The two recent US Supreme Court appointees are classic examples of that. With the continuing legislative assault on individual liberty, personal rights and property rights, the health care debate ignores all of those concerns that should be on the top of the list of any question of constitutionality. It clearly shows how little Congress understands it's purpose in our system of government and our republic. Every citizen should be alarmed whenever Congress seeks to "reform" anything. It always means mandating costly and unnecessary changes, loss of personal liberty and another loss of property rights. This is what is about to happen to the US health care sector. It is a system that is not perfect, but works better than anything that can be directed by the folks who ran up a debt of $99.2 trillion on entitlement programs and remain clueless how to pay those bills. We have seen what happens when we entrusted government with Social Security and health care for seniors. If we let them do it to the rest of us, then we deserve what we get.

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