Thread: President Trump, ObamaCare is not “dead” as you claim

The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

Commerce Clause - Wikipedia

https://en.wikipedia.org/wiki/Commerce_Clause


Commerce Clause

From Wikipedia, the free encyclopedia

Constitutional Law of the United States

The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress.^[1] It is common to see the individual components of the Commerce Clause referred to under specific terms: The Foreign Commerce Clause, the Interstate Commerce Clause,^[2] and the Indian Commerce Clause.

Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, the clause is often paired with the Necessary and Proper Clause, the combination used to take a broad, expansive perspective of these powers. However, the effect of the Commerce Clause has varied significantly depending on the Supreme Court's interpretation. During the Marshall Court era, Commerce Clause interpretation empowered Congress to gain jurisdiction over numerous aspects of intrastate and interstate commerce as well as non-commerce. During the post-1937 era, the use of the Commerce Clause by Congress to authorize federal control of economic matters became effectively unlimited. Since the latter half of the Rehnquist Court era, Congressional use of the Commerce Clause has become slightly restricted again, being limited only to matters of trade or any other form of restricted area (whether interstate or not) and production (whether commercial or not).

The Commerce Clause is the source of federal drug prohibition laws under the Controlled Substances Act. In the recent medical marijuana case, Gonzales v. Raich, the Supreme Court rejected the argument that the ban on growing medical marijuana for personal use exceeded Congress' powers under the Commerce Clause. Even if no goods were sold or transported across state lines, the Court found that there could be an "indirect" effect on interstate commerce. In reaching this conclusion, the Court relied heavily on the New Deal era case, Wickard v. Filburn, which held that the government may regulate personal cultivation and consumption of crops because the aggregate effect of individual consumption could have an "indirect" effect on interstate commerce.

Medicaid also finances 20% Payment for our lower income seniors - the reality is WE NEED ILLEGALS AND ANCHOR BABIES OFF OUR MEDICAID AND OUT OF OUR SOCIAL SERVICES AND COUNTY NOW - Where is trump on that nowhere - he follows ryan's orders.

AREN'T YOU UPSET @ THAT??????????

Now you got ryancare, eliminating all help for our seniors, they will pay more. God forbid this will come to pass - Wake up people, this is another package for illegals and their anchor babies and to hell with American citizens. This is what ryan has been preaching for years - screw our seniors - does anyone hear the voice of trump the campaigner on this - NO TRUMP LIES!

REMOVE ALL SOCIAL SERVICES FOR ILLEGALS, "REFUGEES' AND THEIR PARENTS - THAT ELIMINATES 50% of the cost - WELL, WELL, WE ACTUALLY DO NOT HAVE TO SCREW OUR AMERICAN SENIORS AS RYAN AND NOW TRUMP IS ON BOARD WITH. AS LONG AS IT BENEFITS THE RICH, TRUMP IS ON BOARD - HE IS NAUSEATING! One term president and the republicans fault for being overgreedy to inflate the riches of the already rich.

Obamacare v Republican plan compared

By Anthony Zurcher North America reporter.

Now, with a governing majority, they've had to come up with a replacement plan - a task that has proved much more challenging than they may have imagined.

Here's a look at some key differences between the existing law, informally known as Obamacare, and the American Health Care Act, crafted by the Trump administration and Republican leadership in the House of Representatives.

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Individual mandate

Obamacare: All Americans are required to have health insurance or pay a tax penalty.
Republican plan: The mandate is repealed, but individuals who forgo health insurance for more than 63 days must pay a 30% surcharge on their insurance premiums for a year.

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Employer mandate

Obamacare: Companies with more than 50 employees are required to offer health insurance or pay a penalty.
Republican plan: This mandate is repealed.

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Taxes

Obamacare: Raised Medicare taxes on the wealthy and imposed new taxes on medical devices, health insurers, drug companies, investment income, tanning salons and high-end health insurance plans.
Republican plan: Repeals most Obamacare taxes and delays implementation of the tax on high-end health insurance plans to 2026.

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Insurance for dependents

Obamacare: Required insurers to allow children under age 26 to be covered by their parents' policies
Republican plan: Maintains this requirement.

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Pre-existing condition coverage

Obamacare: Prohibits insurers from denying coverage or charging more to individuals who have pre-existing medical conditions.
Republican plan: Gives states the option to waive pre-existing coverage requirements if they set up high-risk insurance plans for individuals who would be priced out by traditional insurers.

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Essential health benefits

Obamacare: Requires all insurance plans to cover certain health conditions and services, such as emergency room visits, cancer treatment, annual physical exams, prescription drug costs, mental health counselling and women's health services.
Republican plan: Allows states to define what benefits are mandated or opt out of the requirement entirely.

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Medicaid

Obamacare: Expanded Medicaid health insurance for the poor to cover more low-income individuals.
Republican plan: Curtails federal funding for Medicaid expansion beginning in 2020 and give states the option to receive federal dollars as a block grant instead of based on number of enrolees.

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Capping expenses

Obamacare: Prohibits insurers from limiting the amount they would reimburse for expenses for "essential health benefits" and curbs the annual amount a family must pay for these benefits.
Republican plan: Continues this prohibition and retains limits on so-called out-of-pocket expenses.

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Subsidies

Obamacare: Provided refundable tax credits for low-income individuals who purchased their insurance on government-run marketplaces and support for some out-of-pocket medical expenses.
Republican plan: Makes tax credits based on an individual's age, which are phased out at higher income levels. Ends tax credits for out-of-pocket expenses.

http://www.bbc.com/news/world-us-canada-39810145

Originally Posted by johnwk

What about the Commerce Clause? How does its wording grant a power to Congress to tax for and finance Medicaid, or the health-care needs of the millions of children of foreigners who have invaded our borders?

JWK




American citizens are sick and tired of being made into tax-slaves to finance a maternity ward for the poverty stricken populations of other countries who invade our borders to give birth.

Oh I thought you were talking about the regulation of insurance, that is the commerce clause. As to the Medicaid program, that's part of the Social Security Medicare and Medicaid Services Act. How they amended it with Obamacare to add all these other people, I don't know. Ask Obama and the DemoQuacks who created this costly quagmire.

Trump will have to figure it out in the Senate. I can already tell from their statements, they're lost. They have Susan Collins, the Republican Obstructionist to Republicanism holding a big seat on their 12 person "working group". She'll have her ally Lisa Murkowski from Alaska, to ensure 2 no votes. So, we go into this with 50 votes plus I guess Mike Pence who can break the tie, I assume that works in a budget reconciliation bill, but I'm not sure.

So Trump will have to get in there and figure it out. And he will. He wants to fix this mess so we can move on to tax reform so we can move on to creating good jobs with employers that not only increases the employment of Americans but does so with companies that traditionally offer good benefit plans like health insurance. That is how you reduce the number of "uninsured" in the United States.

The health insurance "crisis" wasn't caused by the health insurance industry, it was caused by the loss of good jobs that provided health insurance and the McCarran-Ferguson Act of 1945. Obamacare just made it worse. Now more people have better insurance on Expanded Medicaid by not working than if they were.

PERIOD OF IRONIES AND OPPOSITES!

Originally Posted by Judy

artist, what is it that you're so upset about? You wanted to keep Obamacare? Obamacare is dead, .

It is not dead. The very purpose of Obamacare was to get the majority of American People to believe our federal government has been delegated a power to meddle in our health-care needs and choices, and to use its taxing power to provide subsidies to a privileged group to be used to buy health insurance.

What Bill passed the House which declares Obamacare is hereby repealed? The fact is, there is no such Bill and Obamcare, which created a sweeping federal power grab over our health-care needs and health-care insurance is still alive and well and the camel's nose is officially under the tent. Over time, just like social security, our federal government's involvement will grow inch, by inch, now that the Republican Party Leadership has joined the Democrat Party Leadership in usurping a power never intended to be exercised by Congress.




"When a free people submit to oppressive acts, passed in violation of their constitution, for a single day, they have thrown down the palladium of their liberty. Submit to despotism for an hour and you concede the principle. John Adams said, in 1775, Nip the shoots of arbitrary power in the bud. It is the only thing a people determined to be free can do. Republics have often failed, and have been succeeded by the most revolting despotisms; and always it was the voice of timidity, cowardice, or false leaders counseling submission, that led to the final downfall of freedom. It was the cowardice and treachery of the Senate of Rome that allowed the usurper to gain power, inch by inch, to overthrow the Republic. The history of the downfall of Republics is the same in all ages. The first inch that is yielded to despotism __ the first blow, dealt at the Constitution, that is not resisted is the beginning of the end of the nation's ruin." ___ THE OLD GUARD, A MONTHLY JOURNAL DEVOTED TO THE PRINCIPLES OF 1776 AND1787.

JWK







Americancitizens are sick and tired of being made into tax-slaves to finance amaternity ward for the poverty stricken populations of other countries whoinvade our borders to give birth.

The federal gov't will make the states pay for their poor.

BUT where is the clause in this doomed to fail the senate ryancare bill that illegals don't get any social services nor their anchor babies?

Where is trump's big mouth on that ?

Our seniors should not be stressed at all, they helped build & sustain this country - BUT WHEN YOU HAVE RYANCARE AND TRUMP IS NOW 'TIMID' ON HIS PROMISES - OUR SENIORS, AND WE ARE TALKING AGE 50'S 60'S & BEYOND ARE GOING TO PAY BIG TIME WHILE ALL ANCHOR BABIES HAVE COVERAGE TO THE MAX W/O ANY PAYMENTS AT ALL AND ILLEGALS FREE TO CONTINUE BREEDING ON OUR DOLLAR,
THE CENTRAL AMERICANS BREEDING, BIRTHING ON US TOO - REALLY, WAKE UP!

artist wrote:

Medicaid also finances 20% Payment for our lower income seniors - the reality is WE NEED ILLEGALS AND ANCHOR BABIES OFF OUR MEDICAID AND OUT OF OUR SOCIAL SERVICES AND COUNTY NOW - Where is trump on that nowhere - he follows ryan's orders.

AREN'T YOU UPSET @ THAT??????????

Medicaid will continue to finance everything for our lower income seniors that it's always financed. Nothing changes for our seniors on Medicare or Medicare/Medicaid. Nothing at all.

Supplemental insurance policies that many Medicare users pay for themselves, will actually go down. They are very high right now for no valid reason at all. This bill together with the other Phase 3 bills will fix everything you seem to be worried about. Illegal aliens will be excluded, Barletta already has this bill introduced in the House. House has already passed the repeal of health insurance from the McCarran act, that bill has been in the Senate since March 23.

Maternity coverage will now be optional, if you want it, you pay for it, if you don't, you don't have to pay for it. If you're an 18 year old without maternity coverage and pay $100 a month for health insurance and you're a 55 year old person without maternity coverage, then the most you could be charged under this bill is $500.

Under Obamacare, the plan requires maternity coverage for the 18 year old and the 55 year old, which causes the plan for the 18 year old to be much higher, around $400 a month, so today, under Obamacare, the insurance industry can charge the 55 year old 3 times the $400 and it's $1,200 a month, and that's totally unaffordable for most Americans in both age groups with high deductibles.

What is out there now doesn't work, so I don't understand why people are blaming Trump and the Republicans who are trying to fix it. For me, all I care about is getting rid of the tax mandates on individuals and employers and repealing the McCarran-Ferguson Act. You do those two things and the market and federal normal regulation under Sherman Anti-Trust will fix everything else with regards to insurance.

Again, the problem we have isn't an insurance problem, it's a jobs problem that is worsened by the effects of the McCarran-Ferguson Act.

Ok, I get it now and understand. Our union sends out a breakdown and charges for everyone, including seniors and medicare members. Being 5 years older then my husband I have paid special attention to the differenc in cost. Once you hit 52 your insurance payments go way up and benefits shrink. At 64 my husbands had gone up to $650 a month with a $3,000 deductible and a 20% charge for surgery and hospital stay. They no longer covered xrays or lab work. When he just turned 65 and went on medicare, he now pays $256 a month for Senior Advantage. Now he has complete coverage with a $20 copayment. He gets 1000.00 per year in a HSA to cover any copayment.
All seniors have had to pay more between 52 and 65.

I applied for Obamacare for a senior friend and he ended up paying nothing. So I question if it is losing subsidies that is the difference and causing panic. My cost jumped from 90 to 256 under Obamacare. My husbands jumped from 200 full coverage to 600 for a lousy plan. We have to make sure we are given the correct facts. That we are comparing apples to apples.

The wealthy don't use regular Dr.s and specialist like we working Americans do. They usually have private practice Dr.s. Private Practice Dr.s so not accept any insurance, patients pay a yearly premium to have access to these Dr.s and specialist. Then patients pay a fee for visit. They do not have to worry about the crappy insurance laws and their hands are not tied for age certain diagnostic testing and are free to be Dr.s without Insurance companies and our Government over sight telling what is treatable and how to treat it and what not to treat. This is where all our good Dr.s went to during Obamacare. They set the fees and regulate their own treatments and the wealthy know this. We get stuck with the Phys Assistants and R.N.S and L.P.N and maybe there might be an actual 80 year old Dr. who actually signs the prescription pads and their name is on the shingle. These under staff are one of the main reason so many have become hooked on meds they hand prescriptions out like candy. They haven't been trained in much else. So you see the rich don't care to influence our healthcare programs they have their own, they won't be using it. The government workers our politicians have their great government insurance we taxpayers foot the bill for; so they won't be using it. So that leaves the insurance companies and Lobbyist that are after the mighty buck and they are certainly not looking out for American taxpayers. We have no one actually that wants to help Americans get a fair shake with healthcare which is not the same as health insurance like they are trying to sell it. We are stuck and have to take what is offered by our government and insurance companies; they know we really have no choice. The government and insurance companies have now become partners in the insurance business. Now we have mandates that certain test are not paid for after age 70 or even offered anymore; more or less just put them out to pasture. Many of these are test that saved lives and helped Americans live longer just a few years ago. Every year things like mammograms, prostate etc the age keeps getting higher with prostate you are now allowed 3 biopsies up to age 70 then no more, recently explained to us by a P.O. Urologist. Mammograms now are recommended one at age 40 then 50 up to age 75 then no more mammograms. Young women still have breast cancer. We are paying higher premiums for less coverage. The insurance companies save millions and the Government save money on paying Social Security longer. This may be a reason why the Government and Insurance companies have become partners in the insurance business.

But this still leaves the leaves lower income seniors as you call them who make 10-20 or even a dollar over the drop off point for medicare out swinging on a limb. With a choice to eat and pay their mortgage or have so called healthcare. Lower income seniors are not usually lower income by choice. Some have lost a good paying job they worked at for years because of age discrimination or cheaper new hires or closing the doors. Many have been forced out of the workforce because of the flood of younger workers many illegals and foreign workers. So many do not have a choice no longer they have to take jobs at McDonald's, Walmart, Burger king etc. I was told the age is now 40-60's by a lady at the job service that are being pushed out and forced to take any position for lower pay if they can find anything. Everyone will be there eventually. These people are the ones that will suffer the high insurance cost.

Who Wins and Who Loses in the Latest G.O.P. Health Care Bill

Margot Sanger-Katz @sangerkatz
MAY 4, 2017

The American Health Care Act, which narrowly won passage in the House on Thursday, could transform the nation’s health insurance system and create a new slate of winners and losers.

While the Senate will probably demand changes, this bill, if it becomes law in its current form, will repeal and replace large portions of the Affordable Care Act (Obamacare). It will change the rules and subsidies for people who buy their own insurance coverage, and make major cuts to the Medicaid program, which funds care for the poor and disabled...