Posted on 03/05/2025 2:42:35 AM PST by Jonty30
Just a question. Is Medicare Constitutional? I don't question whether people want it or need it or not, just whether or not 3/4 or the states voted to give the federal government the power to give people Medicare or Medicaid?
LBJ signed medicare into law in 1965. So i would say no, not constitutional, but law by congress.
I doubt it. The only thing that would be good is if they shut down the government, they’d shut down everything. Democrats want to shut it down. Let’s make it hurt!
Providing health care services and/or health care insurance is not listed in the Constitution as an enumerated power of the federal government. The tenth amendment states, “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.”
as of now no, but they could make it an amendment making it constitutional
So you want to take the overwhelming victory that President Trump is bringing us and turn it into a complete and utter loss??
I’m guessing that many would argue the Commerce Clause.
https://www.usconstitution.net/constitution-and-healthcare-policy/
This might help...
Most is done under Article 1; Sect. 8 ...”provide for the common Defense and General Welfare” clause
see also: https://constitution.congress.gov/browse/article-1/section-8/
It would be a massive undertaking to rid ourselves of Medicare/Medicaid and by extension, Social Security. Given SCOTUS precedents, it won’t happen. Given those programs’ 3rd rail status, I doubt any Congress will even try to eliminate them.
It was initially based upon Article I, Section 8, clause 1 of the Constitution., which states: “The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide for the
common Defence and general Welfare of the United States; but all Duties,
Imposts and Excises shall be uniform throughout the United
States;”. It was also bootstrapped with the Commerce clause.
So, Constitutional? Probably since it is for the general Welfare. That isn’t welfare as we know it, but the general condition of the populace.
Gwjack
USSC ruled Obama care constitutional so why wouldn’t they do the same for Medicare/Medicaid?
Whether correct or not, such a restrictive reading of the Constitution is obsolete.
Same as SS and any welfare. They’re gimmicks to get votes.
General welfare just means creating the conditions that allows people to prosperity, like even handed laws and fair policing. It was not meant to be a backdoor to socialism.
Tell that to FDR...
While I agree with you, it now is what it is, with 60 years of precedent and almost 90 years for SS.
Their argument would be that providing healthcare IS creating the conditions for the general welfare of the People.
Agree 100%! Plus the fact is that Medicaid and Medicare have had the side-effect of artificially jacking up medical costs just like costs rise in any other industry the government “helps” us with. We’d all be better off without that kind of “help”. But it’s political suicide to suggest doing so in a culture that believes the government mafia is on their side .
Yes it is suicide.
IMO, I think investment accounts that are tax free, as long as you used them for their legislated purposes, is a better idea in the long run than any public money being used for socialism. With investment accounts, you can pass them onto your children and build them up for a brighter future than you had.
90% of what the fed gov does is unConstitutional
I think so.
Maybe, just maybe, if DOGE can uncover the Medicaid and Medicare fraud and show the cost differences hospitals charge for care when the patient pays cash or uses insurance, we can see a much leaner and affordable system of care.
General health care should be cheap and plentiful. A visit to a health care provider shouldn’t cost $250. Licensing, insurance, regulations, and grifting cartels cause the problem. That’s Goobermint wrecking stuff.
Major health care will always be rationed, by delivery or availability, and expensive.
MAHA is the best opportunity for a healthy society in my lifetime.
Focus on maintaining health, not treating illness afterwards.
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