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Nice post Mr. Turley.
I’m just a commoner and my love for America motivates me to study the things everyone talks about here. No four year college degree for me. I missed that privilege.
As I see it, and I believe the Founders felt I should be able to see “it”, there is simply no constitutional authority for the feds to seize the health care industry (which is what government payment of costs will achieve).
I understand that case law ought never to violate the Constitution, especially where it is exceptionally clear. And in this case I believe the Constitution is very clear.
Madison said
“The powers delegated by the proposed Constitution to the Federal Government, are few and defined.” Federalist No.45
The health care scheme alone would make such a Constitution impossible. Even before the scheme it was impossible to say the powers are now few and defined. In fact, they are stark-raving undefined by virtue of being completely unlimited in scope.
No one can rightly argue that this is what the Founder wanted. And so the only conclusion must be that the health care scheme is unconstitutional as it would invade every aspect of our lives and become a form of tyranny thereby.
Thomas Jefferson wrote in a letter to William Gattalin:
“Our tenet ever was that Congress had not unlimited powers to provide for the general welfare, but were restrained to those specifically enumerated, and that, as it was never meant that they should provide for that welfare but by the exercise of the enumerated powers…” http://econfaculty.gmu.edu/wew/quotes/govt.html
That is correct and that is why the health care scheme is unconstitutional because there is no specific enumeration or implied power to authorize government to health care such that the general welfare clause would be applied.
Jefferson makes it more clear:
“iving a distinct and independent power to do any act they please which may be good for the Union, would render all the preceding and subsequent enumerations of power completely useless. ”
Not only would the enumerations be useless, they would be logically unnecessary. If the government can do as it pleases for the sake of the general welfare, why limit it by the enumeration?
FDR’s Supreme Court ruled that Social Security was constitutional and they took what they believed was Alexander Hamilton’s rendering of the general welfare clause in relation to the enumerated powers and, they reckoned, it was in opposition to Madison and Jefferson.
But I believe the court misread Hamilton.
Hamilton actually agrees with Madison and Jefferson, but the leftists have for nearly 80 years made it appear that he didn’t. I’d like to attempt to prove them wrong.
Hamilton writes in his Report On Manufactures:
“The terms “general Welfare” were doubtless intended to signify more than was expressed or imported in those which Preceded; otherwise numerous exigencies incident to the affairs of a Nation would have been left without a provision. The phrase is as comprehensive as any that could have been used;”
Here Hamilton simply says that the powers described in the Constitution before one reaches the power to tax in Article One Section Eight will paid for by taxation. In other words all of the operations of government before the clause for taxation are made provision for by taxation.
His term “in those which preceded” refers to the powers of the government described before one reaches Art 1 Sec 8. That “which preceded” refers to the preamble and the first seven sections of article one. Hamilton says that the power to tax will cover all that stuff.
Hamilton is not saying that the general welfare clause is bigger than the enumeration or implied powers, he is saying there is more to pay for than the powers listed in article one section eight. But those things are accounted for even if implied. He is talking about the taxation covering all the other operations (like what the president does and what the court does).
He says the phrase general welfare is “comprehensive”. Oh, that sounds very big indeed. This must be the smoking gun. It must be the pot of gold at the end of the rainbow. It must be all that is needed then to render general welfare as big as democrats want it to be.
But Hamilton doesn’t stop there (which is where democrats ought to want him to come to a complete stop).
Hamilton continues:
“No objection ought to arise to this construction from a supposition that it would imply a power to do whatever else should appear to Congress conducive to the General Welfare.”
Oh oh. That happens to be exactly what Madison and Jefferson said. They said that the general welfare wasn’t a legislative free for all. Hamilton agrees and confirms that understanding, and as much as says it will be ridiculous to arrive at any other conclusion when he says “No objection ought to arise…”
He never met a democrat.
Hamilton clearly says that the general welfare clause does NOT “imply a power to do whatever else should appear…conducive to the General Welfare”.
REEEEEEALLLY?
How will the General Welfare clause then be limited? He tells us.
“A power to appropriate money with this latitude which is granted too in express terms would not carry a power to do any other thing, not authorised in the constitution, either expressly or by fair implication.”
In other words the general welfare clause must refer back to an authorized power expressed, enumerated, or implied. General welfare does not stand alone and cannot be interpreted alone.
This is exactly what Madison and Jefferson say.
In some more other words: there is no authorized, expressed, implied or enumerated power for the feds to take over health care that can be connected to general welfare.
If I recall correctly, the first time the general welfare clause was used to tax and spend was when a road had to be constructed in order for the federal government to function. It was serious as officials could not move about without great trouble. Naturally this would affect the whole of the people, ultimately, and so the road was built. (I recall reading about this in Elliot’s Debates, but I don’t have the reference at hand).
That is general welfare in true operation as it refers back to the appropriate sections of the constitution that require thus and so of the federal government. I presume that this wasn’t an issue of post roads because that would have already been permitted by Article One Section Eight. This road was a different matter.
This same thing could happen, for instance, if there was a pandemic of the plague or small pox in which there was so much widespread disease and death that the federal government could not operate. At that point (like with the road) the general welfare clause would kick in as the whole of the people would be threatened, as well as the federal government. The people could be lawfully taxed and the government could lawfully spend.
The constitution would be upheld; The republic saved.
But even this would only be a temporary measure as far as I can see. It would not imply complete and total federal control over every other aspect of health care. It would be a singular act applied to a singular case in order for the republic to survive.
If our current government spent zero dollars on health care in America, the republic will survive (barring any plagues or poxes). Therefore there is no general threat to the welfare of the people, no enumerated power exercised, and no connection to general welfare.
The only threat today regarding health care is that government has put itself in moral peril and in the line of fire by tampering with the system in the first place and getting involved with providing services.
So a comprehensive all pervasive compulsory health care “program” for all eternity, or a whole big bunch of time is no where to be found in the Constitution.
That is how I read it. And that health care scheme might be justified by the Commerce Clause is absurd to the nth degree.
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Group Medical
One of the most common methods of insuring your family is through a group medical plan. This is commonly offered through your employer. The employer will contract with a particular insurance company and provide benefits to their employees. Most of the time, the employee will have his or her premiums paid by the employer. The employer may also pay a portion or all of the premiums for the rest of that employee's family. In many cases, you will be able to save money by utilizing a group health insurance plan. The rate that you will pay is going to be cheaper because the employer is purchasing insurance in bulk. In addition to this, part of your premiums are going to be paid by your employer.
Private Health Insurance
Another option is private health insurance. If your employer does not offer a group plan or you are self-employed, this will provide you with a way to access insurance coverage. In most cases, private health insurance is going to be more expensive than a group medical plan. If you get an equivalent policy, you are going to be paying a little bit more for premiums.
Catastrophic Health Insurance
A type of private health insurance that many people choose to purchase is catastrophic health insurance. This is also known as a high deductible health insurance plan. With this type of coverage, you are not trying to cover the costs of small medical needs. Instead, you are purchasing an insurance policy to cover you against large medical bills. For example, you want something that is going to pay for major surgery if you have to have it. You do not necessarily need a small co-payment when you visit the doctor. This type of health insurance is going to come with lower premiums, and it will allow you to invest in a health savings account. With a health savings account, you will be able to make tax-free contributions to a savings account that can pay for medical expenses.
Individual vs Group
You will also need to assess whether it would make more sense to purchase individual health insurance plans for everyone in your family or to go with a family plan. In some cases, it might make more sense to purchase individual plans for each person in your group. However, as a general rule, it is going to be cheaper if you purchase insurance in the form of a group plan. The insurance company will basically be providing you a discount for giving them more business.