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Diamonds N' Spurs
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October 12, 2009

Unconstitutionality at Heart of Health Care Reform

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Just a small town gal and that is all I'll ever be, where life is just another iced sweet tea away,  where you can see the twinkling stars at night, the wonders of the moon,  and puffy white clouds floating across the blue sky. Welcome to my blog from the heartland, full of random musings, observations. things I love, events in my life, humor..

Unconstitutionality at Heart of Health Care Reform
by ©SB October 12, 2010 All Rights Reserved

How is it possible and why is there even legislation being worked on to have a "national system" for something that is definitely not included in the established enumerated items that are delegated to the Federal government? Congress can only do what's allowed under Article I, Section 8. There are only 18 expressly stated powers. Health care is not one of them

There seems to be many people, because of their own self interests and others who wish to destroy the very foundations this country was built upon, who continue to ignore the above fact as well as many other facts. One such item that by increasing the size and range of federal government in the health care system, it has restrained free-market advancement and free enterprise. This resulted in fabricated shortages, price controls, less choice for consumers and higher costs. There are many erroneous facts and exaggerations about about health care in America and it appears that most of the main stream media is not reporting the discrepancies or is ignoring it. It seems that it is up to Americans to do our own research, evaluate and consider the facts. The issue of health care in America is too important to be decided by people that might manipulate or exploit it as a strategy for gaining political power by using scare tactics or by imploring to the predilections and emotions of the public through melodramatic rhetoric and propaganda that is politically designed to mislead or persuade.

Thomas Jefferson stated: "We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness."

Health Care is not a right. That seems to be another item ignored by the proponents of health care and those that claim no American should go without health care and that health care should be a guaranteed right of every American. Health care is not mentioned in the U.S. Constitution's Bill of Rights. The founding documents state that our rights are rights to action. We don’t have a right, as in “right to pursue happiness”, to have somebody else pay for our happiness at the expense of someone else's happiness.

The constitution does not decide who is deserving and who is not. The Constitution is the foundation which reinforces the laws. Thomas Jefferson clearly stated in the Declaration of Independence that man has been endowed with certain fundamental, inalienable rights which preexist government. Those inalienable rights are life, liberty and the pursuit of happiness. It does not guarantee food, clothing, shelter, vehicles, health care. etc. This does not need to be interpreted or dissected, it is quite clear that when you take from one person to make another person happy, you have taken that right of pursuit of happiness from someone else and infringed upon their inalienable rights.

The purpose of the bill of rights and our constitution is to secure “life, liberty and the pursuit of happiness” for every American. Our constitution protects every American’s right to life. Our Constitution establishes justice, protects domestic tranquility, provides for the common defense, promotes the general welfare and secures liberty. The government is to protect our rights. They are not the source of those rights. It is not in the constitutional jurisdiction of the government to provide health care to every American citizen. A benevolent society always provides charity for the less fortunate, and United States is one of the most, if not the most generous and charitable in the world. It will be difficult at best to continue that trend when we have little residual income left from our hard earned money.


It seems that another erroneous item being promoted is that too many Americans do not have insurance. Although, the claim is that as many as 45 million Americans do not have a health insurance plan, no US citizen and non citizens can by law be turned away from any hospital emergency room in America. In other words, these same people are also ignoring the reality that everyone in America already has universal access to health care. According to federal law, hospital emergency rooms are required to treat anybody, including the uninsured and illegal aliens/non citizens.

Communist and socialist countries have universal health care, but freedom is scarce in those countries. It appears to also has been a failure in those countries. Individuals should be responsible for obtaining insurance on their own. That is what is called a free society.

These same people are also appear to be ignoring and failing take into consideration that many Americans, notably the self-employed and those who have good health, have chosen not to purchase insurance and that they pay cash anytime they visit the doctor. One should be asking why should anyone who pays for their own health insurance be forced to subsidize others who can afford to buy insurance but choose not to.

Many Americans who can afford their own health insurance have chosen to spend their money on electronics, cars, trips, and more, rather than on health insurance. Again,one should ask why should taxpayers have to subsidize these people. Bottom line health care legislation is against our constitutional rights.

Another fact being ignored is that there are approximately 18.8 million uninsured between the ages of 18 and 34 who voluntarily chosen not buy insurance coverage because many states offer “guaranteed issue” laws which enable individuals to put off purchasing insurance until they get sick and need it. This law appears to encourage the irresponsible to delay buying insurance. The fact regardless, is that they do have access to health care insurance. They have simply chosen to put off purchasing until they are sick enough to need it.

There is another item that is apparently being overlooked. It appears that one third of those who are uninsured are eligible for Medicaid and the State Children’s Health Insurance Program, but are not enrolled. More than 14 million Americans who are eligible for insurance can apply for health care assistance if and when required.

If one takes a look at the census bureau data it shows the total number of Americans with health insurance rose to a record 243.3 million in 2003. It shows that the number of those without insurance 15.6 percent lower than it was in 1997 -1998. This has been basically in the same range for the last decade.

Bottom line, it would seem that everyone in America already has access to health care if they so desire to obtain it. So, if everyone already has access to universal health care, and the fact that it is clearly not within the powers enumerated in our Constitution, why are our legislators even considering health care legislation? There are many reasons I'm sure, and it appears that as in the case of the health care debate, probably is not what is best for America and it's citizenry and future generations. No matter what they try to do, or how hard they may try to convince us by ignoring facts or with impassioned rhetoric, and propaganda, Congress cannot fix health care. It is not designed to do so. It has no business running a nationalized system nor should they be telling or instructing anyone as to how, where, or when they can receive health care.

The whole health care issue should be a non issue since it seems everyone in America already has access to health care. Does it need to be fixed? Possibly, as with anything, there can always be improvement, but it doesn't need to be interfered with or fixed by the government. One then might ask, 'Then, what is the real issue?' The main issue and the only issue in my humble opinion is that it health care legislated by the government is against our constitutional rights. Our very foundations of this country is the issue. If our representatives and senators, and elected officials vote to pass health care legislation or any other legislation that is violating our constitutional rights in any way, shape, or form, they have breached their fiduciary duty to the their employers, the American citizens and taxpayers, we the people who own the government and they will have also violated the oath they took when taking office. Our very core foundations that America was built upon and has been successful for 230 plus years due to the foresight of our forefathers is what is at stake here and the main issue that seemingly is being ignored by so many.

The 10th Amendment to 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." The states and first and foremost the people are substantially stronger and eminent and have more power than the federal government. They, also need to be reminded that they work for us, not a political party, any individual, or any self interest groups, and that we don't work for them. We are the employer. It is time to remind these people, our employees in Congress of this fact repeatedly until they finally get it. If they don't get it, we will send them a very clear message with our votes by electing individuals that do get it.

In my opinion, health care legislation violates everyone's constitutional rights.

Thomas Jefferson, the primary author of the U.S. Declaration of Independence said on March 31 1809, "The care of human life and happiness and not their destruction is the first and only legitimate object of a good government"

"The democracy will cease to exist when you take away from those who are willing to work and give to those who would not." Thomas Jefferson

" I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them."
Thomas Jefferson


"A wise and frugal government, which shall leave men free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned - this is the sum of good government.
Thomas Jefferson
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