Repeal and replace Obamacare? Let’s abide by our Constitution!
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The first question which our Republican Party Leadership must answer with regard to repealing and replacing Obamacare is:
What wording in our Federal Constitution grants power to Congress to tax for, spend on, and regulate the people’s health-care decisions and choices within the various State borders?
If the Republican Party Leadership is sincere in the oath of office they took to defend and uphold our Constitution, they would repeal and replace Obamcare with NOTHING!
Federalist No. 45 summarizes Congress' limited powers as follows:
“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.”
The above outlines the meaning of Federalism, our Constitution’s plan.
Additionally, the Tenth Amendment was specifically adopted to preserve the cause of federalism. Here is the evidence:
Resolution of the First Congress Submitting Twelve Amendments to the Constitution; March 4, 1789
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added.
Now, keep in mind what Madison states regarding the adoption of the first ten amendments and “federalism“:
“It cannot be a secret to the gentlemen in this House, that, notwithstanding the ratification of this system of Government by eleven of the thirteen United States, in some cases unanimously, in others by large majorities; yet still there is a great number of our constituents who are dissatisfied with it; among whom are many respectable for their talents and patriotism, and respectable for the jealousy they have for their liberty, which, though mistaken in its object, is laudable in its motive. There is a great body of the people falling under this description, who at present feel much inclined to join their support to the cause of Federalism” ___See :Madison, June 8th, 1789, Amendments to the Constitution
So why is our current Republican Party Leadership dragging their feet and not repealing Obamacare in its entirety and replacing it with nothing, so the various State Leaderships will once again exercise those powers “… reserved to the States respectively, or to the people”?
JWK
Obamacare by consent of the governed, Article 5, our Constitution`s amendment process. Tyranny by a majority vote in Congress or a Supreme Court's majority vote
Why does the “Freedom Caucus” ignore the McCarran-Ferguson Act of 1945?
Does the membership of the “Freedom Caucus” not know free commerce among the states in the insurance industry is hampered by the McCarran-Furguson Act?
The Mcarran-Ferguson Act of 1945 ___ a history lesson
As a result of a Senate investigation in 1888-1889 which found a number of Trusts [sugar, beef, oil] were interfering with free trade among the States, the Sherman Anti Trust Act was passed to “protect trade and commerce against unlawful restraints and monopolies.” But the Act remained, as noted by Supreme Court Justice Harlan, “a piece of useless legislation.”
But in the mid 1940’s a criminal indictment was handed down charging 27 individuals with violations of the Sherman Anti-Trust Act. Some of the specific allegations were conspiracy, price fixing, restraint of interstate trade and commerce, and monopolizing trade and commerce. Please keep these charges in mind because they are very pertinent to our current situation and seem to reflect what folks in government have been engaged in. The defendants in the case claimed they were not required to conform to the standards of business conduct established by the Sherman Act because “the business of fire insurance is not commerce.” But the Supreme Court decided the insurance business was in fact commerce and subject to the Sherman Anti-Trust Act and Congress’s regulations. See SOUTH-EASTERN UNDERWRITERS ASSOCIATION, Decided June 5, 1944
Less than a year after the Supreme Court decision was handed down, Congress passed the McCarran-Ferguson Act of 1945 providing that the “business of insurance, and every person engaged therein, shall be subject to the laws of the several States which relate to the regulation or taxation of such business.” In other words Congress decides to overrule the Court’s decision and relinquish its constitutionally assigned duty to regulate commerce “among the States”, but only with regard to the insurance industry! And by neglecting this power the various State Legislatures are allowed to engage in practices which would otherwise be indictable offenses under the Sherman and Clayton Acts, and so, the various State Legislatures decide to engage in such practices e.g., adopting discriminatory laws which work to stifle competition from out-of-state companies (restraint of interstate trade and commerce).
The power of a State Legislature to impose discriminatory law upon out of state business entities doing business within their state is immediately tested in PRUDENTIAL INS. CO. vs. BENJAMIN (1946). The South Carolina law is upheld by the Supreme Court. The law imposed an annual tax of 3 percent of the premiums of out of state business entities conducted in South Carolina which is not imposed on instate business entities. In fact, the Court in handing down its decision ignored the very intentions for which Congress was granted power to regulate commerce among the states, which was to prohibit the various states from imposing discriminatory law upon out of state entities and undermine free trade among the States.
But what is most amazing, when one realizes it, the defendants in the SOUTH-EASTERN UNDERWRITERSASSOCIATION case were charged with conspiracy in price fixing, restraint of interstate trade and commerce, and monopolizing trade and commerce. Well, with Congress’s behind-the-scene deal making in 1945, the McCarran-Ferguson Act was passed and paved the way for the various Sate Legislatures to “legally” engage in price fixing, restraint of interstate trade and commerce, and monopolizing the insurance industry within their borders, which are indictable offenses under SOUTH-EASTERN UNDERWRITERSASSOCIATION
And now comes Obamacare which in fact is designed to engage in price fixing, restraint of interstate trade and commerce, and monopolizing the insurance industry on a federal level! Are these not indictable offenses under SOUTH-EASTERN-UNDERWRITERS-ASSOCIATION?
You be the judge. And, why is our Republican Party Leadership not calling for a repeal of the McCarran-Ferguson Act of 1945?
JWK
Will Fox News ever discuss the McCarran-Ferguson effect on health insurance costs?
It would be nice to hear Fox News explain to its listening audience the connection between the McCarran Ferguson Act and how it exempts the health insurance industry from anti-trust laws and hinders the forces of a free market system with respect to the price of health insurance.
JWK
They are not “liberals”or “progressives”. They are conniving Marxist parasites who use government force to steal and then enjoy the property which labor, business and investors have worked to create.
TRUMP NEEDS TO TWEET ON REPEALING THE MCCARRAN-FERGUSON ACT OF 1945
Quote:
Originally Posted by
Judy
For some reason, it gets lost on people. There's been legislation to repeal it in the Congress since 2001 or 2002.
You know McCarran-Ferguson applies to ALL INSURANCE, including auto insurance and fire and casualty insurance, right? It applies to the entire insurance industry, it's why auto insurance rates are so high, it's why fire and casualty insurance is so expensive, it's why health insurance is so costly.
Yes, I know the tentacles of McCarran-Ferguson has infested our Country's insurance industry.
Aside from that, see REPEAL, BUT DON’T REPLACE OBAMACARE
By Kelleigh Nelson
January 9, 2017
Illegal Aliens Increase Costs
”Emergency rooms on our southern borders have gone bankrupt and closed. Whether anyone wants to admit it or not, the cost to American taxpayers for medical treatment of illegals, and now the so-called Syrian refugees and Somalis, has exacerbated and exponentially increased our own healthcare costs”
I agree that TRUMP NEEDS TO DO A TWEET ON REPEALING MCCARRAN-FERGUSON ACT OF 1945!
JWK
Paul Ryan will try to sell "Obamacare-Lite"
See Rand Paul: Conservatives Have The Votes To Kill ‘Obamacare-Lite’
"The most recent draft of Obamacare legislation suggested by leadership is “not a complete repeal,” Paul charged, and is a measure “that some of us would refer to as Obamacare-lite.”
Top conservatives are working to get the repeal effort back to the form Congress passed last year, which was vetoed by President Obama. Paul, Meadows, and former Freedom Caucus chairman Rep. Jim Jordan*emphasized Thursday that after winning multiple elections based on support for Obamacare repeal, Republican legislation should fully rescind the health-care law."
We were warned about giving Paul Ryan, the Establishments' darling, a leadership position. We are now finding out those warnings were accurate and this two headed snake is panhandling the Washington Establishment's Obamacare-lite plan, which keeps the federal governments' fingers in our health-care system.
JWK
Millions have lost their health-care under Obamacare, and many more millions cannot use Obamacare because of its outrageous deductible.
