Sunday, October 17, 2010

Healthcare 101

A new beginning

On Monday, October 18, 2010 the, so-called, "Healthcare Bill" that was passed by the House of Representatives, then manuvered through the Senate by breaking their own rules, will be involved in a hearing before a Federal Judge in Virginia. On Thursday October 14, 2010 a Federal Judge in Florida ruled that the case challenging the constitutionality of that same Healthcare Bill, by twenty States, can go forward. Last week a similar case was thrown out by a judge in Michigan but, in my opinion, it can be revised and refiled. That probably won't be necessary because the Virginia and Florida cases will, in all likelihood, eventually be decided by the U.S. Supreme Court. That will probably take about 2 years.

The United States Congress and President Obama base their right to force everyone to buy insurance on what is commonly called "The Commerce Clause" which is found in "Article 1, Section 8, Clause 3" of our Constitution. It is; "The congress shall have power to regulate commerce with foreign nations and among the several states, and with the Indian Tribes"; At this time we will skip to "Article 10" of the Constitution which states; "The power 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 Commerce Clause (Article 1, Section 8, Clause 3), in my opinion, DOES NOT give the Federal Government the right to force individual citizens to buy something they don't want.

The argument has been made that, by requiring drivers to have valid drivers licenses and license plates on their vehicles, the Federal Government already has a foot in the door but except for over the road commercial vehicles etc., which use Federal Highways, the right to require licenses is left to the several States as outlined in "Article 10" of our Constitution. They should not, in any way, be allowed to USURP the people's rights. We must all stand together or we will all fall.

To me, the most important revisions that could have been made to healthcare in the United States would have been (listed in no specific order as to importance); (1) What in commonly referred to as "Tort Reform", that is, capping the dollar amount collectable in mal-practice cases. In some cases this has surely gotten out of hand, driving up mal-practice insurance premiums and causing most doctors to practice defensive medicine. (2) The allowing of Insurance Companies to sell insurance across state lines, certain companies are licensed in several states but that doesn't create the competition needed, (3) Set up guide lines on pre-existing conditions that would be fair to all concerned, and last but not least, (4) No taxpayer money going to any organization that provided or promoted abortion except in cases of rape, incest or to save the life of the mother, with strict enforcement. I have heard it said that the Insurance Companies are, figuratively speaking, making a killing off their policy holders and will do even worse in the future. I don't buy into that theory because most states have a Department of Banking and Insurance (or something equivalent) which is supposed to regulate insurance rates. If they aren't then we should find out why not.

There is much talk about how the Republicans, if they regain control of the House and / or Senate, will repeal the Healthcare Bill but you can take that with a cup of salt. It takes two thirds of the votes in each House of Congress to over-ride a Presidental Veto and it takes almost that to even bring it to a vote in the Senate. That is not even possible in less than two years and not probable even in your lifetime. Only by stopping funding for parts of the bill can Congress do anything for the next few years but the court cases (above) may bring us back to a new beginning. I am not advocating an outright repeal but a re-tweeking of what we have.

We will have a fairly busy schedule for the next few days and I may not have time to write for a while but I'll try to get back at it soon. Meanwhile, thanks for your time and support. Stay tuned. - William

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