Forced Health-Care Is Unconstitutional

The passage of the health-care bill signaled a change in our country. No longer are we the free people we were just a couple days ago.

Under this new plan you will be forced to carry health insurance or face a fine. You will be required to pay specific amounts for that health care. The amount you pay will be determined by the IRS based on your income. If you don’t purchase a government approved health-care plan, you will be fined and/or go to jail.

Never before in our country’s history have the American people been forced to purchase any product, be it food, clothing, insurance, or otherwise. Some people are using the “you are required to purchase auto insurance aren’t you” argument, but that doesn’t fly. Laws concerning auto insurance are state laws, not federal laws. Under the 10th Amendment to the Constitution, the federal government does not possess the authority to do this.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Health-care for everyone may sound good, but forced health-care insurance is unconstitutional at the very basic level in the Bill Of Rights.

There are a lot more issues with ObamaCare than the unconstitutionality of it, and I’ll discuss some of those over the coming week or so. For today, here are some more links about the bill.

It didn’t even get out of the gate and ObamaCare is doomed.

The ink isn’t even dry and attorneys general across the nation have filed suit against the bill.

Tomorrow is another day, and I am sure there will be 1,000 more reasons why ObamaCare will never be enacted.

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The Assault On Our Constitution

Well, there you have it. 219 Democrats have made an all-out assault on our Constitution. As you know by now, the health-care bill has passed.

Since most of you still don’t know exactly what’s in the bill, why not review these 20 ways that ObamaCare will take away our freedoms. These are so important I am quoting the entire list here.

1. You are young and don’t want health insurance? You are starting up a small business and need to minimize expenses, and one way to do that is to forego health insurance? Tough. You have to pay $750 annually for the “privilege.” (Section 1501)

2. You are young and healthy and want to pay for insurance that reflects that status? Tough. You’ll have to pay for premiums that cover not only you, but also the guy who smokes three packs a day, drink a gallon of whiskey and eats chicken fat off the floor. That’s because insurance companies will no longer be able to underwrite on the basis of a person’s health status. (Section 2701).

3. You would like to pay less in premiums by buying insurance with lifetime or annual limits on coverage? Tough. Health insurers will no longer be able to offer such policies, even if that is what customers prefer. (Section 2711).

4. Think you’d like a policy that is cheaper because it doesn’t cover preventive care or requires cost-sharing for such care? Tough. Health insurers will no longer be able to offer policies that do not cover preventive services or offer them with cost-sharing, even if that’s what the customer wants. (Section 2712).

5. You are an employer and you would like to offer coverage that doesn’t allow your employees’ slacker children to stay on the policy until age 26? Tough. (Section 2714).

6. You must buy a policy that covers ambulatory patient services, emergency services, hospitalization, maternity and newborn care, mental health and substance use disorder services, including behavioral health treatment; prescription drugs; rehabilitative and habilitative services and devices; laboratory services; preventive and wellness services; chronic disease management; and pediatric services, including oral and vision care.

You’re a single guy without children? Tough, your policy must cover pediatric services. You’re a woman who can’t have children? Tough, your policy must cover maternity services. You’re a teetotaler? Tough, your policy must cover substance abuse treatment. (Add your own violation of personal freedom here.) (Section 1302).

7. Do you want a plan with lots of cost-sharing and low premiums? Well, the best you can do is a “Bronze plan,” which has benefits that provide benefits that are actuarially equivalent to 60% of the full actuarial value of the benefits provided under the plan. Anything lower than that, tough. (Section 1302 (d) (1) (A))

8. You are an employer in the small-group insurance market and you’d like to offer policies with deductibles higher than $2,000 for individuals and $4,000 for families? Tough. (Section 1302 (c) (2) (A).

9. If you are a large employer (defined as at least 50 employees) and you do not want to provide health insurance to your employee, then you will pay a $750 fine per employee (It could be $2,000 to $3,000 under the reconciliation changes). Think you know how to better spend that money? Tough. (Section 1513).

10. You are an employer who offers health flexible spending arrangements and your employees want to deduct more than $2,500 from their salaries for it? Sorry, can’t do that. (Section 9005 (i)).

11. If you are a physician and you don’t want the government looking over your shoulder? Tough. The Secretary of Health and Human Services is authorized to use your claims data to issue you reports that measure the resources you use, provide information on the quality of care you provide, and compare the resources you use to those used by other physicians. Of course, this will all be just for informational purposes. It’s not like the government will ever use it to intervene in your practice and patients’ care. Of course not. (Section 3003 (i))

12. If you are a physician and you want to own your own hospital, you must be an owner and have a “Medicare provider agreement” by Feb. 1, 2010. (Dec. 31, 2010 in the reconciliation changes.) If you didn’t have those by then, you are out of luck. (Section 6001 (i) (1) (A))

13. If you are a physician owner and you want to expand your hospital? Well, you can’t (Section 6001 (i) (1) (B). Unless, it is located in a county where, over the last five years, population growth has been 150% of what it has been in the state (Section 6601 (i) (3) ( E)). And then you cannot increase your capacity by more than 200% (Section 6001 (i) (3) (C)).

14. You are a health insurer and you want to raise premiums to meet costs? Well, if that increase is deemed “unreasonable” by the Secretary of Health and Human Services it will be subject to review and can be denied. (Section 1003)

15. The government will extract a fee of $2.3 billion annually from the pharmaceutical industry. If you are a pharmaceutical company what you will pay depends on the ratio of the number of brand-name drugs you sell to the total number of brand-name drugs sold in the U.S. So, if you sell 10% of the brand-name drugs in the U.S., what you pay will be 10% multiplied by $2.3 billion, or $230,000,000. (Under reconciliation, it starts at $2.55 billion, jumps to $3 billion in 2012, then to $3.5 billion in 2017 and $4.2 billion in 2018, before settling at $2.8 billion in 2019 (Section 1404)). Think you, as a pharmaceutical executive, know how to better use that money, say for research and development? Tough. (Section 9008 (b)).

16. The government will extract a fee of $2 billion annually from medical device makers. If you are a medical device maker what you will pay depends on your share of medical device sales in the U.S. So, if you sell 10% of the medical devices in the U.S., what you pay will be 10% multiplied by $2 billion, or $200,000,000. Think you, as a medical device maker, know how to better use that money, say for R&D? Tough. (Section 9009 (b)).

The reconciliation package turns that into a 2.9% excise tax for medical device makers. Think you, as a medical device maker, know how to better use that money, say for research and development? Tough. (Section 1405).

17. The government will extract a fee of $6.7 billion annually from insurance companies. If you are an insurer, what you will pay depends on your share of net premiums plus 200% of your administrative costs. So, if your net premiums and administrative costs are equal to 10% of the total, you will pay 10% of $6.7 billion, or $670,000,000. In the reconciliation bill, the fee will start at $8 billion in 2014, $11.3 billion in 2015, $1.9 billion in 2017, and $14.3 billion in 2018 (Section 1406).Think you, as an insurance executive, know how to better spend that money? Tough.(Section 9010 (b) (1) (A and B).)

18. If an insurance company board or its stockholders think the CEO is worth more than $500,000 in deferred compensation? Tough.(Section 9014).

19. You will have to pay an additional 0.5% payroll tax on any dollar you make over $250,000 if you file a joint return and $200,000 if you file an individual return. What? You think you know how to spend the money you earned better than the government? Tough. (Section 9015).
That amount will rise to a 3.8% tax if reconciliation passes. It will also apply to investment income, estates, and trusts. You think you know how to spend the money you earned better than the government? Like you need to ask. (Section 1402).

20. If you go for cosmetic surgery, you will pay an additional 5% tax on the cost of the procedure. Think you know how to spend that money you earned better than the government? Tough. (Section 9017).

I am sick to my stomach thinking of everything that will transpire because of the passing of this bill.

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Conventions, Cons, Control, & Comparisons

Mute SwanToday was an incredibly busy day. I tried to catch up on a project, clean my office, find some notes, and make sure I have everything I need to cook a delicious Thanksgiving dinner on Thursday.

In spite of my long to-do list, I accomplished a lot today and tomorrow looks to be another awesome day.

The photo to the left (which you can click to see my other images at Flickr) was taken in Carrollton, Georgia this past weekend. This Mute Swan made a great photo subject because it just stood there the whole time while I was about 20 feet away.

Thought #1

President George W. Bush decided not to sign an international convention banning land mines. In an effort to prove he is no George Bush, President Barack Obama has instead decided not to sign an international convention banning land mines.

The Obama administration has decided not to sign an international convention banning land mines.

State Department spokesman Ian Kelly said Tuesday that the administration recently completed a review and decided not to change the Bush-era policy.

“We decided that our land mine policy remains in effect,” he said.

More than 150 countries have agreed to the Mine Ban Treaty’s provisions to end the production, use, stockpiling and trade in mines. Besides the United States, holdouts include: China, India, Pakistan, Myanmar and Russia.

The more things change, the more they stay the same, huh? Just look at those other awesome countries doing the same thing!

Thought #2

Doesn’t it seem a tad bit hypocritical when a convicted felon calls a hard-working respected governor “dangerous”?

During a Saturday broadcast, lifestyle television diva Martha Stewart panned former lawmaker Sarah Palin, calling her a “dangerous person” who Stewart “wouldn’t watch… if you paid me.”

I bet Martha would change her tune if you offered her a good stock tip instead of cash compensation.

Thought #3

In addition to health care reform and illegal immigration, it appears there may just be another battle on the horizon.

According to the American Land Rights Association, the Obama Administration and Congress are attempting to pass the Clean Water Restoration Act of 2009 (S787) that would amend the 1972 Clean Water Act and replace the words “navigable waters” with “waters of the United States.”

It’s time to research the Clean Water Act of 1972, because the phrase “waters of the United States” includes a whole lot more water than the previous statement “navigable waters”.

This section of the Clean Water Restoration Act of 2009 appears to strip water rights away from states, which is a clear violation of the Tenth Amendment which says,

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

I’m no legal scholar, but upon first glance it appears that this new bill may violate the Constitution, which seems to be a constant theme with this administration and the powers that be in Congress.

Thought #4

Gen. Stanley McChrystal has requested 40,000 additional troops for the war in Afghanistan. Gen. McChrystal graduated from West Point in 1976 and has served his country proudly ever since. He has a long and distinguished career in military matters and has extensive experience managing troops and making decisions to get the job done.

President Barack Hussein Obama has decided to send just 34,000 troops to Afghanistan, or at least he thinks that may be his final answer. President Obama attended grade schools in Jakarta, Indonesia and high school in Honolulu, Hawaii. In 1983, he graduated from Columbia University in New York with a B.A. in political science. He served as a “community organizer” and he worked as a constitutional law professor for 12 years at the University of Chicago Law School. Since becoming President he has a long and distinguished record of delaying his decisions related to military matters, ignoring his commander(s) in the field, and he has accomplished little if anything when it comes to getting the job done.

Imagine, for a moment, how different our nation would be today if their roles were reversed.

Christmas is the time when kids tell Santa what they want and adults pay for it. Deficits are when adults tell government what they want and their kids pay for it.
Richard Lamm