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Those who support and defend our written Constitution and the intentions and beliefs under which it was adopted, and who especially support our Constitution’s Tenth Amendment and federalism, certainly know our federal government has not be granted any authority whatsoever to enter the states to tax for, spend on, regulate and control the peoples' decisions and choices regarding their health-care needs. Keep in mind, however, that our federal government does have a legitimate responsibility to care for our military war veterans.


So, what is the proper path to follow? President Trump ought to promote legislation which repeals and replaces Obamacare with nothing! The legislation ought to first declare that in view of our federal government’s defined and limited powers, and that under the 10th Amendment all power not delegated to our federal government are reserved to the states and people therein, that Congress is not authorized to enter the States to tax for, spend on and regulate the people’s decisions and choices regarding their health-care needs.


The proposal ought to continue by setting a specific date, such as January 1st, 2018, when the federal government will no longer tax for, spend on nor regulate the people’s decisions regarding the health-care needs. In addition, the legislation must also stipulate that the federal government will reduce federal taxes, across the board, by the amount now spent on Medicaid and subsidies to the poor, leaving that money within the States so each State may have access to these funds in order to deal with their own poor and needy who now rely upon federal assistance for their health care.


This of course is very much in harmony with our Founders intentions which are summarized in Federalist No. 45:


“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.


The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”


And with regard to Congress’ legitimate power to regulate commerce among the states to insure free trade and competition among the States, The McCarran-Ferguson Act of 1945 ought to be repealed by the proposed legislation, which would go a long way to end price fixing, restraint of interstate trade and commerce, and a monopolizing of the insurance industry, which has without question allowed the cost of health insurance to skyrocket over the years.


Let us work to return to our founding principles, especially the Tenth Amendment and federalism, our Constitution’s plan.


JWK




"If the Constitution was ratified under the belief, sedulously propagated on all sides, that such protection was afforded, [the 10th amendment] would it not now be a fraud upon the whole people to give a different construction to its powers?"___ Justice Story