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Health Care Reform, Unconstitutional?

Sep 14th, 2010

health care reformThe truth about The Patient Protection and Affordable Care Act is simply that under the current health insurance circumstances that it was written it has become an unconstitutional document that a number of states are currently filing legal lawsuits. If this was written with blanket intent for we the people it may have had a chance to pass through the Supreme Court Justices.

However, because there has been such an over abundance of wheeling and dealing under the table with a multitude of political favors added into this health insurance reform bill, it becomes unconstitutional. The reasoning you will find when you read the Constitution, Article 1, Section 8 for the minutia of the details.

Federal law falls under the blanket of laws that stretch from sea to shinning sea and must remain equal for all citizens. The Federal Government does not have the ability to initiate and pass laws that are state specific or group specific and this is where the difficulties with the health care reform come into play.

The special concessions regarding the health insurance reform by the Federal Government has allowed for special treatment to specific states. Leaving other states stranded does not fall under the commerce law as stated in the Constitution. The ultimate decision of whether or not to participate now falls back to each individual state and the seat of government within each individual state.

It will be interesting to see how the health insurance quotes fluctuate from state to state and how each state will be able to reconcile the issue. Remember, that when the dust settled at the end of the War Between the States (Civil War), it was the individual states that ceded power to the Federal Government for the good of a strong, stable Union.

It will be interesting to follow along to see how the individual health insurance or single payer health insurance reform will develop. Will there be additional addendums to the recently signed health insurance bill long before it is fully implemented? Will Congress see the light, scrap the entire bill, and begin again with a common sense approach to include all citizens?

What will happen to the millions of individuals who refuse to buy mandated health insurance? Will these individuals be refused access to other adjoining states? The health insurance reform bill is considered to fall under the interstate commerce clause. Only time will be the judge as to how this new health insurance reform will be implemented.


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