Luke, I Am Your Founding Father (Liberty and Healthcare)

The founding fathers of the United States were an amazing group of people. Many of them were wealthy, yet were willing to lay all on the line to extricate themselves from the tyranny of the British crown. (In many ways they are like Luke, Han, Leia, and others trying to rid themselves of the empire.) As they said in the Declaration of Independence: "And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor."

These men had a love of liberty and a deep distrust of government. This distrust came about from personal experience. But they still understood that some level of government was necessary in order to insure freedom. Without a proper level of government oversight, society would descend into chaos and anarchy. They believed there had to be an ultimate authority to protect the country as a whole, create law, try and punish criminals, and act as a final arbiter for settling disputes.

The founders did three major things in an attempt to prevent government from growing too powerful. First, they set in place the idea that the country ultimately belonged to all citizens and that the government only operated at their behest. They backed up this idea by creating a Constitution starting with the words "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." The Articles following these words describe and delimit the powers of the Federal Government.

Second, still being distrustful, they created the Bill of Rights to further define the rights of individuals that could not be taken away by government. The Bill of Rights preamble says, "The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added." And to put a stop to the notion that somehow all of the rights of man had been thought of and included in the Bill of Rights, they said this in the ninth amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

Third, they left it for the states and the people themselves to handle any issues that the Federal Government was not authorized to handle. This was stated clearly in the tenth amendment: "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."

All of these safeguards took foresight. But, after all, it was Thomas Jefferson himself that said in 1788, "The natural progress of things is for liberty to yeild, and government to gain ground." Yet, the Constitution served the citizens well for many years. But somewhere along the line the politicians came to understand the words of Alexis de Tocqueville, "The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money." In other words, until the day Congress discovers that it can take money away from its citizens by force and then buy their votes by offering some of that money back to them in the form of giveaways and programs.

Today, de Tocqueville's words line the walls of Congress. Not as a reminder of the impending loss of our Republic, but as a reminder of how to get reelected. For many years now, Congress has violated its trust with the public by taking the public's money via taxes, levies, fees, or whatever, and giving it back to certain people in order to assure their votes. This is what I call the politicization of America. But this has happened with the approval of the White House, the Supreme Court, and the citizens themselves in direct opposition to the Constitution. Why? Because we citizens as a whole have bought into the politicians' bribes.

Today, the elephant in the room is national healthcare. It is presently being implemented in the form of the Patient Protection and Affordable Care Act (PPACA). This is better know as ObamaCare. Bear in mind that PPACA is not a government run healthcare system. It is rather a mandated healthcare system. Private insurers still sell the insurance, but with certain mandates associated with it. Yet, it is still a government controlled healthcare system. So, why be concerned? Two reasons. One is philosophical, the other practical.

Philosophically, we should be concerned with the government controlling anything that is not permitted under the Constitution because that means we the citizens did not authorize it. But didn't the Supreme Court rule that PPACA was Constitutional? Indeed they did. But, I believe they did so using tortured logic, just as they have done with many other government programs over the years. There is no clause in the Constitution or its Amendments that authorizes the Federal Government to be involved in healthcare in any way. The only way you can get that out of it is to greatly stretch the meaning of other clauses. Three commonly stretched clauses are the "general welfare", "regulate commerce", and "lay and collect taxes" clauses. But it seems clear to me that if those clauses can be stretched as far as they have, then there is essentially no need for the Constitution. Just let Congress do what they want. But, as you may have observed, politicians still like having that ole Constitution around. They like to use it to hammer opponents wanting something opposed to it and conveniently ignore it when they want something opposed to it.

Practically, I am skeptical of the long term success of the PPACA. Why? Because of how other government controlled systems have fared over the years. Look at Social Security and Medicare. Both are on the brink of failure. Why? Because, as usual, politicians have overpromised, expanding these programs in order to get elected. In other words, the programs have become politicized. Social Security was put into place at a time when most people didn't even live to see any money out of the system. Yet, even as lifespans increased and the number of children being born decreased, more benefits were added to the Social Security program. Medicare suffers from something similar. As people live longer and new technology keeps adding more medical costs to an aging person's life, fewer children are coming along to pay for it.

So, unless some radical changes are made to SS and Medicare, they will become unsustainable in a few years. Yet, the politicians keep talking about how successful these programs have been. Well, yes, perhaps for a while. But the politicians' meddling and unwillingness to change these systems in crisis will ultimately lead to their failure. What makes us think that the government will handle national healthcare any differently, whether it be government run or just government controlled?

On the other hand, perhaps there is no reason for concern. If we can just jury rig all these government programs so they last until after we die, who cares? We can benefit from these programs during our life and let our children worry about the fallout. Yeah, that's the ticket. Stick it to the younger generation! Well, that's tempting, but I don't roll that way. I believe that each generation should live within its own means and pass on a country that is better than the one it inherited. Call me old fashioned, but that's me.

So, based on the wisdom of the founding fathers and my knowledge of history and how governments operate, I believe that, over the long haul, liberty and charity work much better than all inclusive government programs.

The Individual Mandate

Since the US Supreme Court’s recent hearing of the case against the individual mandate portion of the Patient Protection and Affordable Care Act (PPACA, or ObamaCare), a number of liberal commentators have gotten into a tizzy over the possibility that the high court will declare the mandate un-Constitutional, thus dashing the hopes of millions who foresaw the possibility of finally obtaining healthcare that was not affordable to them before. They tell us how much ObamaCare is needed by the uninsured, and justify the mandate using the Commerce Clause and the General Welfare Clause of the US Constitution. To hear these commentators speak, you’d think that those conservative Supreme Court justices, as well as every citizen opposed to the individual mandate, were in a celebratory mood, salivating over the thought that they have a chance to deny much needed healthcare to those worthless dregs of society. Come on, give me a break! I dare say that only a handful of people feel that way. Many kind, decent, and caring people are opposed to ObamaCare and its individual mandate. Why? Because it’s un-Constitutional. And for some people, that still means something.

Surely we all know that when the Constitution was drafted, it was intended to limit the powers of the federal government. After all, these citizens had just been fighting a tyrannical English government. Why would they immediately turn around and create a new government with essentially unlimited power over their lives? Why would they fight a war only to jump from the frying pan into the fire?

The Commerce Clause, which says “[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes,” specifically gives Congress the power to regulate commerce between the states rather than mandate commerce. The intent was to make sure voluntary commerce occurred unimpeded across state lines, thus insuring the country was a unified whole as it pertained to trade.

The General Welfare Clause was obviously not intended to give Congress the power to implement any legislation they deemed to be for the general welfare. That would go counter to the whole purpose of the Constitution, which was federal restraint. Thomas Jefferson said this: “[T]he laying of taxes is the power, and the general welfare the purpose for which the power is to be exercised. They [Congress] are not to lay taxes ad libitum for any purpose they please; but only to pay the debts or provide for the welfare of the Union. In like manner, they are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose.” In other words, the Constitution spelled out the powers of the federal government that would provide for the general welfare. That being so, Congress was granted the power to tax its citizens to finance those activities, but no more.

So, don’t believe those who say that those in opposition to the individual mandate are evil, mean-spirited people who want to see uninsured people dying in the streets. Rather, we who are opposed believe it is ultimately in the best interest of our country to not have an unbridled federal government. Giving Congress the power to dictate purchases US citizens must make is a huge unbridling.

Since the beginning of our country, Congress and the President have un-Constitutionally grabbed more power from the states and its citizens, oftentimes with a nod of approval from the Supreme Court. And just look at the mess we are now in. Their track record for handling our tax dollars is nothing to write home about. Look at what they have done with the Social Security trust fund. It’s now a distrust fund. Total unfunded liabilities are estimated to be about $60 trillion. Our national debt is over $15 trillion and increasing by a trillion dollars every year. Do we really want to put ourselves in these hands when it comes to everyone’s healthcare? While it is true that current calculations show that ObamaCare will actually reduce future obligations, it is also true that past calculations for existing government programs have been horrendously wrong. And it’s also true that once a segment of our economy is taken over by politicians, it becomes highly politicized, with incumbents expanding the scope of various programs in order to gain votes to stay in office. In other words, the politicians like to use some of the taxpayers’ money to benefit themselves during their reelection bids.

So, what to do about the uninsured? One option is charity. Another is to eliminate unnecessary regulations on the healthcare market, thus putting downward pressure on costs. Yet another is for each state to implement their own healthcare plan to the extent that its State Constitution permits. Ultimately, if a sufficient number of the American people become convinced that the best option is to have our leaders in DC mandate a national healthcare plan, an amendment can be added to the US Constitution granting the federal government this power. After all, that’s why Article V is in the Constitution. But it seems that more and more our leaders want to skirt around that Article and pass laws without the permission of their employers, the American people. I believe they have skirted around it for too long. It’s time to draw a line in the sand and say, “Enough!”

The Arrow of Freedom

As you have probably heard, the Supreme Court has been hearing the case brought against the individual mandate portion of Obamacare. At issue is whether or not the Commerce Clause of the Constitution combined with the power of the federal government to tax it citizens are sufficient to give the federal government the right to dictate to its citizens the mandatory purchase of health insurance. The thing that confounds me most about this case is that it had to be brought in the first place. The individual mandate is clearly unconstitutional. It is quite obvious that the intent of the Constitution was to put restraints on the federal government so they could not get to the point of being oppressive like the governments the colonists had once been under. If indeed the Commerce Clause grants our national leaders the power to mandate private purchases, then in essence they have unlimited power. What will come next? Preventing people from purchasing fatty and sugary foods? Mandating that businesses must hire people until unemployment is zero? Preventing people from pooling their money in an attempt to oust an incumbent politician? Our country now stands at a very important juncture. If the Supreme Court rules that the individual mandate is Constitutional, then basically our Constitution will have been ruled to be of no consequence. Congress and the President will be handed the keys to the nation. They will be able to open any door without resistance. This is a very dangerous road to go down, if indeed we want to remain a free people.

Historically, the courts in the United States have held that any contract that was signed under duress was invalid because the essence of a valid contract was that it was entered into on all sides voluntarily. If a person was coerced in any way, he could go to court, present his case, and have the contract invalidated. Now we have our very own government saying that that aspect of contract law is wrong. They are attempting to hold that they have the power to force a person to enter into a contract that he does not wish to enter. And the contract would be valid, regardless of the duress. What other contracts will our government force us into should this one be validated by the Supreme Court?

When this nation was founded, liberty was a great idea that was only enjoyed primarily by white males. Over time, as people became more enlightened, freedom began to expand. It took a civil war, rallies, writing, discourse, civil disobedience, and protests (sometimes violent), but over the years the arrow of freedom continued to move in the right direction. Blacks gained their freedom and eventually were able to overturn discriminatory laws. Women became full citizens with the right to vote and become leaders in industry and politics. More recently we see gay citizens standing up for their rights and gaining them little by little. We have seen a lot of progress in our country as its citizens of all stripes stand up for themselves and gain independence. Are we really willing to let our desire for safety reverse this progress? For if we give the federal government the power to run our lives in the marketplace, it won’t just be select groups of people who will see their freedom slip away. It will be everyone who calls himself a citizen.