Thursday, April 1, 2010

Health Care v The U.S. Constitution

Since the congress passed by a narrow margin vote mandating national health care it has been much on my mind.
You see; I have my own perspective that centers around the fact that I do not believe the Federal Government has the power to mandate whether or not I carry medical insurance, nor should they have the right to tell me which plan I have to carry.
I know the people that come down on the left of this say none of that is going to happen, that if you like your insurance you will be allowed to keep it, but that argument does not bear out, if a small business is given the choice between high priced insurance or opting for the government plan, guess what.
I have a real issue with the fact that over the next ten years it will cost the American people about one trillion dollars, but the coverage does not start for another four years.
I have a real issue with the fact that the federal government is going to hire 16000 IRS agents to oversee the program.
I have a very real issue with the way this went down after the President promised us a transparent and bipartisan effort, and a Speaker of the House the promised to run the most honest congress ever, then went on to bribe, threaten and make back door deals. I know some are going to say it is the Republicans fault for refusing to get on board, but if that is true then why couldn’t the President include the two main issues that the Republicans put forward, Tort Reform and making insurance more competitive by allowing us to go out of state.
I also have an issue that my tax dollars are going to fund abortions, something I am morally opposed to, yes, yes I know this is a very touchy subject and I don’t want to get into a discussion of right or wrong, I do not stand in judgment of women who make that choice but I also have a right to what I believe.
Ok here is part of my dilemma; I had a correspondence with my sister who is a devout liberal, who is very intelligent and informed, in addition to being very active in politics and who’s opinion I value very much, (Love You Sis) she believes this is a historic law, ranked up there with the civil rights law, I have a hard time with that point of view in that I kind of feel my civil rights are being infringed on because of this heath care bill, of course as a white male I am not allowed to have civil rights, anyway if her point of view is so far from mine then what is the reality, or is it just beliefs.
So here is what I decided to do, I went to the source, I read the constitution and the bill of rights, below is the preamble to the constitution and section 8, that outlines what congress is mandated to do, in addition to that I have added the paragraph that states the reason for the bill of rights is to protect states from the federal government, I did not make it up it is printed on the bill of rights, I also included Amendment X, that says it all.
Nowhere in either document could I find where the government has a right to mandate me to spend my hard earned money on a government program or be panelized if I fail to do so, now the constitution is the law of our land, like it or not it is, so here is my question, if I had no trouble finding this and understanding it, then why is congress having so much trouble.

Rick Burian

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Section. 8.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the Supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Whatever;, from any King, Prince, or foreign State.
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
Amendment X
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.

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