Is National Health Care Constitutional

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I’m glad to see this question being asked by a prominent person like Orin Hatch and I think the honest answer to this is NO forced national health care is not Constitutional. But whether a court will have the political guts to rule as such is a different matter.

Sen. Hatch Questions Constitutionality of Obamacare:

If Feds Can Force Us to Buy Health Insurance ‘Then There’s Literally Nothing the Federal Government Can’t Force Us to Do’ ( Maybe Congress should pass a law that everyone has to buy at least $10,000 worth of life insurance or buy a new car this year or buy a new HD television or a computer –where does this stuff stop? I think it stops at the question, Is this Constitutional? In this case I don’t think it is.)


Sen. Orrin Hatch (R.-Utah) (Congressional photo)

(CNSNews.com) – Republican Sen. Orrin Hatch of Utah, who has served in the Senate for 33 years and is a longtime member of the Judiciary Committee, told CNSNews.com that he does not believe the Democrats’ health-care reform plan is constitutionally justifiable, noting that if the federal government can force Americans to buy health insurance “then there is literally nothing the federal government can’t force us to do.”

Both the House and Senate versions of the health-care reform plan would force all individuals who are citizens or legal residents of the United States to buy health insurance. President Obama has endorsed this provision.

Hatch said if the federal government starts ordering Americans to purchase specific products without being able to plausibly justify that mandate through the Commerce Clause of the Constitution which empowers Congress to regulate interstate commerce, it will mean “we’ve lost our freedoms, and that means the federal government can do anything it wants to do to us.”

The Commerce Clause, found in Section 8 of Article 1 of the Constitution, says: “The Congress shall have power to … regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

Hatch said this constitutional language authorizes Congress to regulate some types of commercial “activity,” which is different from authorizing Congress to force an individual American to engage in a commercial activity he or she is not presently engaged in and–as a free person–does not want to engage in. He said that “not one” of his Democratic colleagues has given a coherent constitutional argument to explain where Congress would derive the authority to do the latter.

According to the Congressional Budget Office, the federal government has never before mandated that Americans buy any good or service.

In 1994, when Congress was considering a universal health care plan formulated by then-First Lady Hillary Clinton, the Congressional Budget Office studied that plan’s provision that would have forced individuals to buy health insurance and determined it was an unprecedented act.

“A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States,” the CBO concluded.  “An individual mandate would have two features that, in combination, would make it unique. First, it would impose a duty on individuals as members of society. Second, it would require people to purchase a specific service that would be heavily regulated by the federal government.”

“I think there’s a real constitutional issue there,” Hatch said on the CNSNews.com program “Online with Terry Jeffrey.”

“Well, keep in mind the General Welfare Clause hasn’t been used for years, except through the Commerce Clause–Article I, Section 8,” said Hatch. “And frankly the Commerce Clause affects, quote, ‘activities,’ unquote. And, you know, the government telling you you have to buy health insurance–mandating that you have to buy health insurance–is not an activity. That’s telling you you got to do something you don’t want to do.

“Well, let’s put it this way,” said Hatch. “If that is held constitutional–for them to be able to tell us we have to purchase health insurance–then there is literally nothing that the federal government can’t force us to do. Nothing.”

When CNSNews.com asked Judiciary Chairman Patrick Leahy (D.-Vt.) where the Constitution authorizes Congress to force Americans to buy health insurance, Leahy would not directly answer the question, claiming that “nobody” questioned Congress’s authority to do this.

“We have plenty of authority. Are you saying there is no authority?” Leahy told CNSNews.com reporter Matt Cover. “Why would you say there is no authority? I mean, there’s no question there’s authority. Nobody questions that.”

House Speaker Nancy Pelosi was equally dismissive of the question of where the Constitution authorized Congress to force Americans to buy health insurance. When reporter Matt Cover asked her the question, she said: “Are you serious? Are you serious?”

White House Spokesman Robert Gibbs similarly dismissed the issue without directly saying where the Constitution authorized the federal government to force people to buy health insurance. When CNSNews.com White House Correspondent Fred Lucas asked Gibbs to comment on the fact that some Republicans were questioning the constitutionality of forcing Americans to buy health insurance, Gibbs said: “I won’t be confused as a constitutional scholar, but I don’t believe there’s a lot of–I don’t believe there’s a lot of case law that would demonstrate the veracity of what they’re commentating on.”

Hatch said that if Congress claimed the power to tell Americans what things they must buy there would be “no limit” to the power of the federal government over the lives of Americans.

CNS News.com

Make Mine Freedom

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From the cold war era, 1948…eerie….

 

Proof H1N1 was Planned Pandemic With 100% Certainty Exposed

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I have suspicioned this for some time now since the WHO (World Health Organization)  declared this a pandemic in the very early spring and later moved this to a level 6 so they could take control on how it was handled mostly worldwide. The WHO is even dictating how this is handled here in the US. If you listen to doctors they say this H1N1 is milder than regular seasonal flu and even though one death is bad we have far more deaths annually from regular seasonal flu (36,000 in US and 500,000 worldwide) and most rational people that know this wonder …….why the national emergency. I know this is going to sound crazy to a lot of people, but I believe this has every thing to do with control and world government through the WHO and United Nations. A trial balloon so to speak.

IBM Internal Document Outlines Knowledge of Planned Pandemic With 100% Certainty

IBM Internal Document Outlines Knowledge of Planned Pandemic With 100% Certainty

“Services & Global Procurement pan IOT Europe, Pandemic Plan Overview,”an official inter-departmental document was distributed to upper-level management of IBM, France in 2006. Disclosed in this secret document was the prediction of a “planned” pandemic described as having a “100% chance of occurring within the next 5 years.” The document also describes “quarantines”and operational procedures to be taken upon the official announcements of the “pandemic”by the World Health Organization. The foreknowledge of such an event could not exist, unless the pandemic was a planned event.

Certainly, this document is the “smoking gun” which demonstrates the current bird/swine flu “pandemic”is an orchestrated event leading to mass vaccinations sponsored by the WHO and UN.

This single document definitively proves there is international, corporate collusion behind the “bird/swine flu pandemic”and the intentional plan to create disease on a worldwide scale.

As evidenced by this document (see below), IBM’s primary concerns are focused on maintaining their workforce, even under an official quarantine, and the continuation of sales and services to their clients.

IBM is considered to be one of the most powerful corporations in the world.

IBM worked closely with the Nazis in their mass extermination eugenics program. IBM’s machines and punch cards were used at all stages of the Nazi extermination program. According to author Edwin Black, IBM was involved in virtually every aspect of the Third Reich’s operations.

IBM, the Rockefellers, the Carnegie Institution and other globalist foundations were intimately involved in Germany’s eugenics program. In Mein Kampf, published in 1924, Hitler quoted American eugenic ideology and openly displayed a thorough knowledge of American eugenics. “There is today one state,” wrote Hitler, “in which at least weak beginnings toward a better conception [of immigration] are noticeable. Of course, it is not our model German Republic, but the United States.”

PreventDisease.com







ObamaCare–The Worst Bill Ever

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The Wall Street Journal had a great  editorial on Monday about Pelosi’s Healthcare plan and described it as the worse bill EVER.

Epic new spending and taxes, pricier insurance, rationed care, dishonest accounting: The Pelosi health bill has it all.

The Worst Bill Ever

Speaker Nancy Pelosi has reportedly told fellow Democrats that she’s prepared to lose seats in 2010 if that’s what it takes to pass ObamaCare, and little wonder. The health bill she unwrapped last Thursday, which President Obama hailed as a “critical milestone,” may well be the worst piece of post-New Deal legislation ever introduced.

In a rational political world, this 1,990-page runaway train would have been derailed months ago. With spending and debt already at record peacetime levels, the bill creates a new and probably unrepealable middle-class entitlement that is designed to expand over time. Taxes will need to rise precipitously, even as ObamaCare so dramatically expands government control of health care that eventually all medicine will be rationed via politics.

Yet at this point, Democrats have dumped any pretense of genuine bipartisan “reform” and moved into the realm of pure power politics as they race against the unpopularity of their own agenda. The goal is to ram through whatever income-redistribution scheme they can claim to be “universal coverage.” The result will be destructive on every level—for the health-care system, for the country’s fiscal condition, and ultimately for American freedom and prosperity.

•The spending surge. The Congressional Budget Office figures the House program will cost $1.055 trillion over a decade, which while far above the $829 billion net cost that Mrs. Pelosi fed to credulous reporters is still a low-ball estimate. Most of the money goes into government-run “exchanges” where people earning between 150% and 400% of the poverty level—that is, up to about $96,000 for a family of four in 2016—could buy coverage at heavily subsidized rates, tied to income. The government would pay for 93% of insurance costs for a family making $42,000, 72% for another making $78,000, and so forth.

At least at first, these benefits would be offered only to those whose employers don’t provide insurance or work for small businesses with 100 or fewer workers. The taxpayer costs would be far higher if not for this “firewall”—which is sure to cave in when people see the deal their neighbors are getting on “free” health care. Mrs. Pelosi knows this, like everyone else in Washington.

Even so, the House disguises hundreds of billions of dollars in additional costs with budget gimmicks. It “pays for” about six years of program with a decade of revenue, with the heaviest costs concentrated in the second five years. The House also pretends Medicare payments to doctors will be cut by 21.5% next year and deeper after that, “saving” about $250 billion. ObamaCare will be lucky to cost under $2 trillion over 10 years; it will grow more after that.

• Expanding Medicaid, gutting private Medicare. All this is particularly reckless given the unfunded liabilities of Medicare—now north of $37 trillion over 75 years. Mrs. Pelosi wants to steal $426 billion from future Medicare spending to “pay for” universal coverage. While Medicare’s price controls on doctors and hospitals are certain to be tightened, the only cut that is a sure thing in practice is gutting Medicare Advantage to the tune of $170 billion. Democrats loathe this program because it gives one of out five seniors private insurance options.

As for Medicaid, the House will expand eligibility to everyone below 150% of the poverty level, meaning that some 15 million new people will be added to the rolls as private insurance gets crowded out at a cost of $425 billion. A decade from now more than a quarter of the population will be on a program originally intended for poor women, children and the disabled.

Even though the House will assume 91% of the “matching rate” for this joint state-federal program—up from today’s 57%—governors would still be forced to take on $34 billion in new burdens when budgets from Albany to Sacramento are in fiscal collapse. Washington’s budget will collapse too, if anything like the House bill passes.

• European levels of taxation. All told, the House favors $572 billion in new taxes, mostly by imposing a 5.4-percentage-point “surcharge” on joint filers earning over $1 million, $500,000 for singles. This tax will raise the top marginal rate to 45% in 2011 from 39.6% when the Bush tax cuts expire—not counting state income taxes and the phase-out of certain deductions and exemptions. The burden will mostly fall on the small businesses that have organized as Subchapter S or limited liability corporations, since the truly wealthy won’t have any difficulty sheltering their incomes.

This surtax could hit ever more earners because, like the alternative minimum tax, it isn’t indexed for inflation. Yet it still won’t be nearly enough. Even if Congress had confiscated 100% of the taxable income of people earning over $500,000 in the boom year of 2006, it would have only raised $1.3 trillion. When Democrats end up soaking the middle class, perhaps via the European-style value-added tax that Mrs. Pelosi has endorsed, they’ll claim the deficits that they created made them do it.

Under another new tax, businesses would have to surrender 8% of their payroll to government if they don’t offer insurance or pay at least 72.5% of their workers’ premiums, which eat into wages. Such “play or pay” taxes always become “pay or pay” and will rise over time, with severe consequences for hiring, job creation and ultimately growth. While the U.S. already has one of the highest corporate income tax rates in the world, Democrats are on the way to creating a high structural unemployment rate, much as Europe has done by expanding its welfare states.

Meanwhile, a tax equal to 2.5% of adjusted gross income will also be imposed on some 18 million people who CBO expects still won’t buy insurance in 2019. Democrats could make this penalty even higher, but that is politically unacceptable, or they could make the subsidies even higher, but that would expose the (already ludicrous) illusion that ObamaCare will reduce the deficit.

• The insurance takeover. A new “health choices commissioner” will decide what counts as “essential benefits,” which all insurers will have to offer as first-dollar coverage. Private insurers will also be told how much they are allowed to charge even as they will have to offer coverage at virtually the same price to anyone who applies, regardless of health status or medical history. (Anyone that knows anything about insuring people or about actuarial figures  knows this is insane and will run the insurance companies out of business and leave – - – guess what? The GOVERNMENT PLAN of course and a single payer system that Pelosi wants.)

The cost of insurance, naturally, will skyrocket. The insurer WellPoint estimates based on its own market data that some premiums in the individual market will triple under these new burdens. The same is likely to prove true for the employer-sponsored plans that provide private coverage to about 177 million people today. Over time, the new mandates will apply to all contracts, including for the large businesses currently given a safe harbor from bureaucratic tampering under a 1974 law called Erisa.

The political incentive will always be for government to expand benefits and reduce cost-sharing, trampling any chance of giving individuals financial incentives to economize on care. Essentially, all insurers will become government contractors, in the business of fulfilling political demands: There will be no such thing as “private” health insurance.

Wallstreet Journal online


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