THE SAPIENT SPARROW: conservatism for commoners

"What has always made the State a hell on earth has been precisely that man has tried to make it his heaven."–Holderlin

THE CONSTITUTION & HEALTH REFORM MANDATES

David B. Rivkin, Jr. and Lee A Casey have co-authored an article at the Wall Street Journal online. It is one of the best arguments against the insurance mandates that have been included in all of the Congressional Healthcare Reform bills. All of our elected representatives swear the “protect and defend” our Constitution. This article points out that mandates would breach so thoroughly Constitutional authority as to make it possible for Congress to regulate every single aspect of American life.

It is somewhat heartening to note that this provision would be fought in the Courts on the basis of the “Commerce Clause”. (NOTE: I have also heard the possibility of invalidating at least parts of some of the bills on the strength of the “right to privacy” set up by “Roe v. Wade”-a delicious irony!) It is also somewhat DIS-heartening to note that the current Federal Court system has the reputation of being not only extremely left-leaning, but also activist in its rulings.

Again, it would seem so much better to step back from the current pieces of legislation and to formulate a Healthcare Reform bill that would address the real issues that need to be, and can be, fixed without dismantling an entire industry and eventually placing both it, and us, under Government control.

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Filed under: congress, constitution, healthcare, LEGISLATION, U.S. GOVERNMENT, , ,

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