Judge Napolitano: Health-Care Reform and the Constitution

As an American citizen this article should get your blood boiling. It is clear that the Constitution means, and is actually, nothing to modern politicians and government officials. They want to suggest that they are acting on behalf of the people, and are upholding the values set-forth by our founding fathers; this is a load of crap. If our founding fathers, with the excepting of perhaps Alexander Hamilton, could read this article, they would grow white in the face, and fear that the American Revolution, and the Great American Experiment, have come to nothing. Where is reason, and where has the American ideal gone?

Andrew P. Napolitano
The Wall Street Journa
lSeptember 16, 2009

Last week, I asked South Carolina Congressman James Clyburn, the third-ranking Democrat in the House of Representatives, where in the Constitution it authorizes the federal government to regulate the delivery of health care. He replied: “There’s nothing in the Constitution that says that the federal government has anything to do with most of the stuff we do.” Then he shot back: “How about [you] show me where in the Constitution it prohibits the federal government from doing this?”
Rep. Clyburn, like many of his colleagues, seems to have conveniently forgotten that the federal government has only specific enumerated powers. He also seems to have overlooked the Ninth and 10th Amendments, which limit Congress’s powers only to those granted in the Constitution.

One of those powers—the power “to regulate” interstate commerce—is the favorite hook on which Congress hangs its hat in order to justify the regulation of anything it wants to control.

Unfortunately, a notoriously tendentious New Deal-era Supreme Court decision has given Congress a green light to use the Commerce Clause to regulate noncommercial, and even purely local, private behavior. In Wickard v. Filburn (1942), the Supreme Court held that a farmer who grew wheat just for the consumption of his own family violated federal agricultural guidelines enacted pursuant to the Commerce Clause. Though the wheat did not move across state lines—indeed, it never left his farm—the Court held that if other similarly situated farmers were permitted to do the same it, might have an aggregate effect on interstate commerce.

James Madison, who argued that to regulate meant to keep regular, would have shuddered at such circular reasoning. Madison’s understanding was the commonly held one in 1789, since the principle reason for the Constitutional Convention was to establish a central government that would prevent ruinous state-imposed tariffs that favored in-state businesses. It would do so by assuring that commerce between the states was kept “regular.”

IRS: Health Care Reform

By: Byron York
Chief Political Correspondent
September 2, 2009

There's been a lot of discussion about the new and powerful federal agencies that would be created by the passage of a national health care bill. The Health Choices Administration, the Health Benefits Advisory Committee, the Health Insurance Exchange — there are dozens in all.

But if the plan envisioned by President Barack Obama and Congressional Democrats is enacted, the primary federal bureaucracy responsible for implementing and enforcing national health care will be an old and familiar one: the Internal Revenue Service. Under the Democrats' health care proposals, the already powerful — and already feared — IRS would wield even more power and extend its reach even farther into the lives of ordinary Americans, and the presidentially-appointed head of the new health care bureaucracy would have access to confidential IRS information about millions of individual taxpayers.

In short, health care reform, as currently envisioned by Democratic leaders, would be built on the foundation of an expanded and more intrusive IRS.

Under the various proposals now on the table, the IRS would become the main agency for determining who has an "acceptable" health insurance plan; for finding and punishing those who don't have such a plan; for subsidizing individual health insurance costs through the issuance of a tax credits; and for enforcing the rules on those who attempt to opt out, abuse, or game the system. A substantial portion of H.R. 3200, the House health care bill, is devoted to amending the Internal Revenue Code of 1986 in order to give the IRS the authority to perform these new duties.

The Democrats' plan would require all Americans to have "acceptable" insurance coverage (the legislation includes long and complex definitions of "acceptable") and would designate the IRS as the agency charged with enforcing that requirement. On your yearly 1040 tax return, you would be required to attest that you have "acceptable" coverage. Of course, you might be lying, or simply confused about whether or not you are covered, so the IRS would need a way to check your claim for accuracy. Under current plans, insurers would be required to submit to the IRS something like the 1099 form in which taxpayers report outside income. The IRS would then check the information it receives from the insurers against what you have submitted on your tax form.

If it all matches up, you're fine. If it doesn't, you will hear from the IRS. And if you don't have "acceptable" coverage, you will be subject to substantial fines — fines that will be administered by the IRS.

Former Gov. Dean calls public option indispensable

WASHINGTON – Former Democratic Party Chairman Howard Dean, a leading figure in the liberal wing of his party, said Monday he doubts there can be meaningful health care reform without a direct government role.

Dean urged the Obama administration to stand by statements made early on in the debate in which it steadfastly insisted that such a public option was indispensable to genuine change, saying that Medicare and the Veterans Administration are "two very good programs that have been around for a long time."

Dean appeared on morning news shows Monday amid increasing indications the Obama White House is retreating from the public option in the face of vocal opposition from Republicans and some vocal participants at a town-hall-style meetings around the country.

The former Vermont governor was asked on NBC's "Today" show about President Barack Obama's statement over the weekend that the public option for insurance coverage was "just a sliver" of the overall proposal. Obama's health and human services secretary, Kathleen Sebelius, advanced that line, telling CNN Sunday that a direct government role in a system intended to provide virtually universal coverage was "not the essential element."

Dean, a physician, argued that a public option is fair and said there must be such a choice in any genuine shake up of the existing system.

"You can't really do health reform without it," he said. Dean maintained that the health insurance industry has "put enormous pressure on patients and doctors" in recent years.

He called a direct government role "the entirety of health care reform. It isn't the entirety of insurance reform ... We shouldn't spend $60 billion a year subsidizing the insurance industry."

Dean also said he doesn't foresee any Republican support for a public option. "I don't think the Republicans are interested and in order to have a bipartisan bill, you've got to have both sides interested," he said.

The shift in the administration's stance on a government-run insurance program leaves open a chance for compromise with Republicans that probably would enrage Obama's liberal supporters but could deliver a much-needed victory on a top domestic priority.

Rep. Anthony Weiner, D-N.Y., who is co-chairman of the Middle Class Caucus, said that "leaving private insurance companies the job of controlling the costs of health care is like making a pyromaniac the fire chief."

But Sen. Arlen Specter, D-Pa., told reporters in Philadelphia on Monday that the success of health care overhaul doesn't hinge on any one element and co-ops might provide the same results under a different name.

"I believe that the president has to make the evaluation as a matter of leadership as to what the administration wants to do. There is an alternative to the so-called public option by having co-ops. I think these matters are subject to exploration," Specter said.

Officials from both political parties are looking for concessions while Congress is on an August recess. Facing tough audiences, lawmakers and the White House are looking for a way to cover the nation's almost 50 million uninsured while maintaining political standing.

Obama's Health Care: Can it Pass?

WASHINGTON – President Barack Obama's push to overhaul health care needs Republican votes, lawmakers from both parties say.

Democratic and GOP officials acknowledged Sunday that Obama's ambitious plan would not pass without the aid of a doubtful GOP, whose members are almost united against the White House effort.

"Look, there are not the votes for Democrats to do this just on our side of the aisle," said Sen. Kent Conrad, D-N.D., the chairman of the budget committee.

Rep. Jim Cooper, a Tennessee Democrat and a member of the fiscally conservative "Blue Dogs," said he doubts the Democratic-controlled House could pass a proposal as it's drafted now.

"We have a long way to go," Cooper said.

House Speaker Nancy Pelosi, however, insisted she has the votes to move forward with the plan despite concerns among fiscally conservative fellow Democrats.

"When I take this bill to the floor, it will win. We will move forward, it will happen," said Pelosi, D-Calif.

Not so fast, Republicans said. Sensing a public uneasiness over the pace and price tag of the overhaul, Republicans said the longer the delay, the more the public understands the stakes of a policy that has vexed lawmakers for decades.

"We could have a plan in a few weeks if the goal is not a government takeover," said Sen. Jim DeMint, R-S.C. "We've never seen the government operate a plan of any kind effectively and at the budgets we talked about."

Democrats countered that their plans — and there are many iterations on Capitol Hill, as committees in the House and Senate work on versions — would expand coverage without adding to the deficit. Even so, they are likely to leave for an August recess without a vote.

White House spokesman Robert Gibbs said they are "80 percent" in agreement on what a final version will include and are making progress.

Obama adviser David Axelrod said, "Now, we're at the final 20 percent and we're trying to work through those details."

That final piece, however, will require GOP backing — something Sen. Mitch McConnell said was unlikely. The Senate minority leader said congressional Democrats are having difficulty selling a health care bill to their own members.

"The only thing bipartisan about the measure so far is the opposition to it," said McConnell, R-Ky.

Conrad and DeMint spoke with ABC's "This Week." Cooper appeared on CBS' "Face the Nation." Pelosi and McConnell were interviewed for CNN's "State of the Union." Gibbs spoke on "Fox News Sunday." Axelrod appeared on CBS' "Face the Nation" and CNN's "State of the Union."

Obama's Doctor Knocks ObamaCare

David Whelan

David Scheiner, an internist based in the Chicago neighborhood of Hyde Park, has a diverse practice of lower-income adults from the nearby housing projects mixed with famous patients like U.S. Sen. Carol Mosely Braun, the late writer Studs Terkel and, most notably, President Barack Obama.

Scheiner, 71, was Obama's doctor from 1987 until he entered the White House; he vouched for the then-candidate's "excellent health" in a letter last year. He's still an enthusiastic Obama supporter, but he worries about whether the health care legislation currently making its way through Congress will actually do any good, particularly for doctors like himself who practice general medicine. "I'm not sure he really understands what we face in primary care," Scheiner says.

Read full story here

Medical Care and Socialism

This is a unique story. We have heard about national helth care for years, yet here it is. I have been following this to some degree. You can see my previous post by clicking here.

Doctors’ Group Opposes Public Insurance Plan

ROBERT PEAR
New York Times

WASHINGTON — As the health care debate heats up, the American Medical Association is letting Congress know that it will oppose creation of a government-sponsored insurance plan, which President Obama and many other Democrats see as an essential element of legislation to remake the health care system.

The latest on President Obama, the new administration and other news from Washington and around the nation.

The opposition, which comes as Mr. Obama prepares to address the powerful doctors’ group on Monday in Chicago, could be a major hurdle for advocates of a public insurance plan. The A.M.A., with about 250,000 members, is America’s largest physician organization.

While committed to the goal of affordable health insurance for all, the association had said in a general statement of principles that health services should be “provided through private markets, as they are currently.” It is now reacting, for the first time, to specific legislative proposals being drafted by Congress.

In the presidential campaign last year and in a letter to Congress last week, Mr. Obama called for a new “public health insurance option,” which he said would compete with private insurers and keep them honest.

Speaker Nancy Pelosi of California said Wednesday that she supported that goal. “A bill will not come out of the House without a public option,” she said Wednesday on MSNBC.

But in comments submitted to the Senate Finance Committee, the American Medical Association said: “The A.M.A. does not believe that creating a public health insurance option for non-disabled individuals under age 65 is the best way to expand health insurance coverage and lower costs. The introduction of a new public plan threatens to restrict patient choice by driving out private insurers, which currently provide coverage for nearly 70 percent of Americans.”
If private insurers are pushed out of the market, the group said, “the corresponding surge in public plan participation would likely lead to an explosion of costs that would need to be absorbed by taxpayers.”

While not the political behemoth it once was, the association probably has more influence than any other group in the health care industry. Lawmakers seek its opinion and support whenever possible. It has repeatedly persuaded Congress to cancel or postpone cuts in Medicare payments to doctors, though it has not secured a “permanent fix.”