One of the hot topics during this Presidential race concerns Mitt Romney and his passing of the controversial mandated healthcare law in Massachusetts. It surprises me sometimes how little people know about our United States Constitution and the intent of the Founding Fathers. People often hear a commentator or friend say something and then begin spouting the same rhetoric as their own without first checking the facts.
Romneycare, as it has been labeled, is 100% Constitutional and Obamacare is 100% NOT Constitutional. Before I get "tarred and feather," please "read" me out.
Article 1, Section 8, of the United States Constitution lists all the powers given to the Federal Government in which they mandate and legislate. Amendment X states that "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."
The national health care law passed by the United States Congress is unconstitutional. No where in the Constitution is Congress given the power to mandate such laws. The Federal government was designed to only oversee certain areas which would be a challenge for the states to manage. Everything else was left up to the States to orchestrate. If a person did not like the laws of one state, then they had the option to move to another state. If the Federal government institutes a law that a person dislikes, there is no recourse of action.
Consequently, if a states wishes to mandate that all its residents have insurance and its state constitution does not prohibit it, then it is legal. The Massachusetts State Constitution does not prohibit the passing of the healthcare law in its state. Mitt Romney has stressed this over and over, that what he did in his state was legal and constitutional, but what President Obama did is not legal and unconstitutional. Sadly, most Americans do not have a strong enough understanding of the US Constitution to realize this distinction.
If you have never read the Massachusetts State Constitution, I encourage you to for two reason. 1) So that will see what I am saying is correct, and 2) much of the US Constitution was based off the Massachusetts Constitution, they are very similar documents.
One more comment about states' rights. In last night's debate, one of the candidates implied that the 10th Amendment gave the states the right to pass any law they please. Rick Santorum correctly rebutted that they only have the power to pass laws that are in accordance with Biblical principles. Our country was founded on Christian principles, and thus, any law that is passed at state or federal level which violates the Bible is WRONG! So when the argument is raised that a state can pass a law legalizing gay marriage, it is wrong, because the Bible numerous times clearly states that marriage is between one man and one women.
This post is not an endorsement of Romney, but an attempt to clear up some misconceptions about some of his policies as governor that is getting too much in the way of other more important issues. I am also not saying the I agree with mandate health insurance. Personally, I do not want anyone tell me that I have to have insurance or what type (I do have it though). As I have previously stated, I am just pointed out the a state mandate health care law is legal and constitutional.
Very well put Katie.... You are 100% correct that many people really do not understand the US Constitution. If they did they would be more outraged at the Obamacare that was passed and the way it was passed. Thanks for sharing your thoughts. Good stuff!
ReplyDeleteGreat clarification. Nice to see people being lions, not sheep :) Keep on writing, sister, you're making good points!
ReplyDeleteAgreed, Katie. You are right on the constitutionality of Romneycare. that does not, however, mean I agree with Romneycare. I still don't think it is right to make an entire state of people have mandatory health care, etc. But you ARE right about the Constitution backing Romneycare but not Obamacare. I still am nervous of the fact that Romney defends his position on Romneycare. While, as you said, it is 100% Constitutional, that does not mean it was the right decision. And while it was Constitutional and Obamacare is not, the fact that key points of Obamacare were modeled off of Romneycare still really concerns me -- especially when Romney still fully supports Romneycare. Hopefully that makes sense.
ReplyDeleteI sort of excepted to get more negative comments on this post. Thanks for the support.
ReplyDeleteSar, I do not agree with Romenycare either as I stated at the end. I do NOT want anyone telling me what I have to do unless the Constitution gives them that authority. I have heard Romney state a few times that in hindsight, passing his healthcare law was a mistake. I get the feeling that he is defending it more Constitutionally versus supporting it.