Thursday, June 28, 2012

ObamaCare is Constitutional (from a certain point of view)

On September 20, 2009, during an interview with George Stephanopoulos, President Barack Obama said rather explicitly that the individual mandate was NOT a tax. On the morning of Thursday, June 28, 2012, the Supreme Court ruled that the individual mandate was constitutional...under the authority Congress has to lay and collect taxes.

Democrats are rejoicing. Nancy Pelosi says they made history. Apparently they are collectively forgetting that their leader, Barack Obama, said that the mandate was not what the Supreme Court said it was.

Personally, I was sick today. No, I was at work. I worked more than 8 hours today. But as more and more information came out, I grew more and more ill. At first, everyone reported that it had been struck down. I was happy. Then, the real news hit. The Supreme Court ruled 5-4 in favor of upholding the law. Chief Justice John Roberts, a typically reliable conservative, joined the liberal wing of the court in favor. Justice Ruth Bader Ginsburg, not exactly known for her conservative views, stated that she would've allowed the mandate as part of the commerce clause. As it stands, the law passed as a part of Congress's taxing authority.

Understand this: The federal government has now been gifted a level of power never before seen in a government such as ours. The federal government can now legally mandate a private citizen purchase a specific product. If that citizen chooses not to, then they can be held liable and subject to a monetary fine.

This is different from auto insurance, so don't let anyone tell you that they are the same. Auto insurance is completely voluntary. If you purchase a car with the voluntary intent of driving on public roads then you must have auto insurance. If you live in a city where you don't need a car, or if you only plan to drive on your own property, nowhere near public roads, then you don't need insurance.

The individual mandate forces private citizens to purchase health insurance. Now, I'm all for people being insured. But if the purpose of this bill was to provide affordable insurance, then it seems to me we've gone about it the wrong way. If you want to control the price of insurance, you don't accomplish that by forcing people to buy insurance. My first step would've been tort reform and an elimination of frivolous lawsuits.

Then you can work on controlling the price and leading everyone toward getting insured. Now though, you have to buy insurance, and if you don't, maybe because you cannot afford it, you'll be fined. But remember, Obama said that is not a tax. The Supreme Court disagreed, but he said no tax.

By the way, this whole thing came about under some very nasty circumstances. The bill was rammed through Congress. Nancy Pelosi said we had to pass the bill so that we could find out what was in it (so much for transparency,eh?). John Conyers said it was authorized by the Constitution's non-existent Good & Welfare Clause. Pelosi, when questioned about what part of the Constitution authorized Congress to force private citizens to buy a product, responded "Are you serious? Are you serious?"

Yes, ma'am, we are serious. You changed the rules to pass the law by reconciliation. You treated every American as if we were too stupid to understand what you were doing. You lied to us. You passed off this bill under a deceptive guise. And now you have what you want. You can legally force private, once-free citizens to purchase a product under penalty of law.

What's next, fining someone for not buying enough vegetables? Fining someone for not buying the Chevy Volt? This is a Pandora's Box that Congress did not need to open.

I'm not a Republican by any stretch, but I'll say this. I hope, and pray, that Mitt Romney wins the White House and the the GOP takes both chambers of Congress. It's the only way to end this monstrosity before it's too late. If not, then mark this date down. Because this was the day that the Supreme Court delivered the ruling that will be most destructive to our future as a nation.