- Rep Gingrey, Phil
- Rep Graves, Tom
- Rep Kingston, Jack
- Rep Price, Tom
- Rep Westmoreland, Lynn
- Rep Woodall, Rob
The Constitutional Authority Statement says, “Article 1, Section 8, Clause 3 of the U.S. Constitution gives Congress the power to ``regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.'' It goes on to say, “This legislation puts forth measures relating to the treatment of existing commerce and the exchange of health care products, services, and transactions, while retaining the sovereignty and power of respective states as outlined in Amendment X of the U.S. Constitution.”
This is double talk. Regulating commerce among the several states does not give the power to regulate exchange of health care services within a state. Perhaps they are relying on the 1944 Supreme Court’s creative interpretation of the Constitution in Wickard v. Filburn.
Even worse is TITLE V--REFORMING MEDICAL LIABILITY LAW. This is a power by 97 so-called conservatives who sponsored H.R. 3121. Click here for further discussion on the constitutionality of national control over state judicial systems by constitutional law professor, Rob Natelson.
Conservatives should believe in free-market medical care, not unconstitutional plans where the national government interferes. Free markets would have individuals owning their own catastrophic medical insurance policies and pay for most of their care out-of-pocket. Governments cannot create free markets through legislations. They can only interfere in free markets. The major interference comes from the income tax and Federal Reserve Bank. To return to a free market in health care, we must end these institutions.
It will take time for free markets to develop after these are ended. In the meantime, They should start by removing the tax incentives to employers owning the health insurance policies. Disallowing a tax break for employer provided health care does this best. Giving a tax break to both individual and employer health care is a bad idea because to do this, the national government must develop a list of what is deductible health care. Also employer provided insurance is spared from FICA taxes and it would be very difficult to give individually owned health insurance this tax break.
Next, they must remove all federal mandates from individually owned health insurance. This includes mandates that preexisting illnesses be covered, that insurance policies be noncancelable, that there be no sex discrimination, that there be no limits on deductibles, and removing all other national mandates.
These representatives all took the oath of office as required in the Constitution, Article VI, clause 3, “The Senators and Representatives before mentioned … shall be bound by Oath or Affirmation, to support this Constitution.” They did not take an oath to support the Supreme Court’s creative opinions in split decisions.
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