16 January 2011

Healthcare in America: The Fix, pt. 2

Good day, family and friends!

Well, now! It seems Real Life reared its ugly head. This is my first post since 30 July 2010. For those of you new to my blog, I started this series of articles in August 2009. If you want to bring yourselves up to speed, I suggest you start with my first post on Healthcare in America located at http://smellthetruth.blogspot.com/2009/08/healthcare-in-america-just-how-sick-is.html.

Now, let's continue the discussion...

Amendment X of the Constitution states, "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." In other words, if the Constitution does not specifically say the Federal Government can do something, then it is automatically prohibited from doing it. Not only that, but anything the Constitution does not specifically permit the Federal Government to do is the jurisdiction of the individual States, or the individual citizens themselves and can't even be touched by the Federal Government. Once again, the Founders were brilliant when they created the Constitution. They knew that it was inevitable that like-minded individuals would try to band together, gain control of the nation, and impose their personal opinions and philosophies on this country. To prevent this from happening, they created a series of checks and balances in an attempt to make certain the United States was under the Rule of Law and not the Rule of Man.

"What does this have with Public Law No. 111-148," you ask? A better question to ask is this: Where in the Constitution does it grant the Federal Government the power to...

1) ...take over (not just impose and enforce safety regulations that span all the States) an entire industry and its corollary industries?

2) ...dictate that private, law-abiding citizens must purchase a commodity in order to remain a citizen in good standing?

3) ...confiscate legally-gained income from one group of citizens and redistribute it to and supplement the lifestyles of a different group of citizens who have chosen to be less productive and focus more on personal gratification?

4) ...establish that the worth of one citizen is greater than another based on the citizen's age and ability to contribute to society?


The answer to those questions is, "No where." The Constitution does not grant any of those powers or abilities to the federal government. There are some who have tried to stretch and twist the sentence in Article I, Section 8 that grants Congress the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes"...what is commonly referred to as the "Interstate Commerce Clause"...to apply to these four areas. Only the most twisted, creative mis-interpretation of a clause written to be straight forward and self-explanatory can be used to justify such unconstitutional actions.

Next time, I finish up with the violation of Amendment XIV and start laying out my own suggestions to fix Healthcare in America.

Until then, best regards...



© James P. Rice 2011

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