There will always be winners and losers when the government involves themseslves in health-care coverage. Those who won under Obamacare will lose under Trumpcare. Those who lost under Obamacare will win under Trumpcare. That’s just the way it is.
Good point !
Sen. Cruz's amendment evidently supports free market.
H O W E V E R
Evidently neither Cruz, or insurers that would win under Trumpcare, seem to understand that, regardless what lawless Obamas state sovereignty-ignoring activist justices wanted everybody to think about the Obamacare insurance mandate, they wrongly ignored that previous generations of state sovereignty-respecting justices had clarified the following.
Simply put, the scope of Congresss Commerce Clause powers (1.8.3) dont include regulating insurance. This is because insurance is based on contracts, and the Court clarified that contracts are not commerce, regardless if the parties negotiating a contract are domiciled in different states.
"4. The issuing of a policy of insurance is not a transaction of commerce within the meaning of the latter of the two clauses, even though the parties be domiciled in different States, but is a simple contract [emphases added] of indemnity against loss. Paul v. Virginia, 1869. (The corrupt feds have no Commerce Clause (1.8.3) power to regulate insurance.)
From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]. United States v. Butler, 1936.
So while Cruz is demonstrating uncommon common sense with respect to promoting free, fair market, I dont know why he doesnt argue that the states have never expressly constitutionally delegated to the uniparty Congress the specific power to regulate insurance.
Corrections, insights welcome.