Tuesday, March 1, 2011

Healthcare Act Unconstitutional?

I'm not discussing whether it is or is not here.  I am responding to the comment of a slavering dog of a Tea Party goer who is drooling over the possibility that the act will be struck down.

80-90% of federal government activities are unconstitutional. 95% of the federal code and cfr. So what? You want to bring down social security and medicare? Require that war be declared before the president has authority to start mustering an army, navy and AF? Fire all those legions of federal workers and soldiers and see unemployment jump up?

Whether you or I like it or not, all sides including those claiming to practice strict interpretation (such as the arch-hypocrite Scalia), have been "growing" the Constitution to meet modern needs. So it is here. 5 of 9 may see it one way, or another. Who knows?

Now personally, I'd rather see the states enact health insurance programs, like Gov. Romney has done in his state. Reduce the feddies' share of taxes to about 5-10% of the total tax haul by all governments, and let states lead the way in social programs. Supreme court judges like to talk about "the laboratories of the states" in referring to the way states can initiate and experiment in different ways. But what do you think are the chances of all that happening?

As a practical matter, something has to be done to insure that all Americans are covered by some kind of health system. A majority of Americans agree on that much.

What would you suggest? Why are you so enthusiastic at burning our bridges ahead of us by setting up a Supreme Court legal blockade?

[As an academic exercise, consider this in connection with States' Rights and the Xth Amendment and that "laboratory of the states" idea. What would happen if some states had excellent programs in one thing or another? You would see an influx into that state of those benefitting from those programs. States whose programs were austere and ungenerous would lose that segment of population. And this doesn't apply just to welfare for the poor--it also applies to policies to attract and protect the rich. SO! What you would get would be osmosis: a movement across a boundary that eventually works to negate anything a state did that stood out from the herd. Think about it. Some things are necessarily done by the federal government, or they don't get done. Plus there is the matter of treating all U.S. citizens equally, regardless of place of residence.]

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