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Am I way off base regarding federalized health care or insurance plans being unconstitutional?

Posted on 03/17/2017 12:40:27 PM PDT by Jim Robinson

"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."

I don't see power over health care or insurance or anything like that being delegated to the federal government anywhere in the constitution, so it is reserved to the states and the people per the tenth amendment. The federal government cannot dictate who or what must be covered or at what price or any other terms or requirements for private health care insurance or coverage.

And, Robert's ruling notwithstanding, it is not a tax and no part of it is a tax.

Please tell me if I'm being overly naive and or where I'm wrong.


TOPICS: Constitution/Conservatism; Politics/Elections; Your Opinion/Questions
KEYWORDS: 10thamendment; ahca; constitution; healthcare; jimrob; obamacare; rinocare; ryancare; scotus; trumphealthcare
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To: mlo

I don’t see Social Security Retirement Insurance delegated in the Constitution. That’s the precedent.


41 posted on 03/17/2017 1:04:29 PM PDT by map
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To: Alberta's Child

Obviously, it should not be administered by the IRS (or any other federal agency). Health care insurance is not a federal issue.


42 posted on 03/17/2017 1:05:46 PM PDT by Jim Robinson (Resistance to tyrants is obedience to God!)
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To: humblegunner

Yeah but! I’m not being forced to buy a car.


43 posted on 03/17/2017 1:11:05 PM PDT by Keyhopper (Indians had bad immigration laws)
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To: map; mlo

Well, it’s about time we draw the line and start rolling it back.

Like I said, Thank God we were finally able to elect Republican majorities and a Republican president so we can start setting some of this right. I like most of what they’re doing so far and if they can move Trump’s budget and most of his agenda we’re going to be in great shape. However, I think not repealing obamacare while we can and replacing it with constitutional free market solutions is a grave mistake.

Praying our constitutional conservatives hold the line and just say no to Ryan’s version of Obamacare.

Repeal obamacare or let it die on its own.


44 posted on 03/17/2017 1:11:47 PM PDT by Jim Robinson (Resistance to tyrants is obedience to God!)
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To: Jim Robinson

Of course it’s not in the constitution. That doesn’t stop the D.C. Political class. They do it anyway


45 posted on 03/17/2017 1:13:29 PM PDT by Nifster (I see puppy dogs in the clouds)
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To: Jim Robinson

I think it is two seperate issues.First, health care and second ,health insurance premiums. I like to keep them separate because they are separate things. .We have had “healthcare” for all since the late 60s. The ER must take any person regardless of ability to pay. The Hospital ,in turn bills the tax payers.We are a compassionate nation. That concept is over 50 years old.
Now let’s go to health “insurance premiums”and discuss the CONSTITUTION. Two important points, 1.We do not owe anybody health insurance premiums under the constitution any more than we must buy them a car or a motorcycle, or a Caribbean cruise or a 75 inch flat tv .
Note that a “tax credit” is where you buy something like business equipment to stimulate the economy and at the end of the tax year you get a credit refund back. Under Rinocare they want to a “CREDIT: ( actually a gift PAY IN ADVANCE!! you don’t have to buy it first!!And you get it if you failed to earn money to pay taxes!! That is communism. That is a TRANSFER PAYMENT to keep people from rioting!!But note that you are forced to allow this transfer of you wealth and the point of a gun.
I was horrified this morning to hear ex senator Dement of THE Herritage foundation say the “conservatives” would be on board if the IRS sends the money to a health savings account rather than the insurance company. INSURANCE COMPANY??? WHAT? That isn’t the way it works— in fact, that is NOT A TAX!! THAT is a FORCED PURCHASE— BLATANTLY UNCONSTITUTIONAL!! Why don’t we do that with cars—The IRS will send money to buy you a car depending on how much you want to pay. You need a car and the people owe you a car. But the impact of this is to pay doctors and health lobbyist what the WANT outside of the free market— no risk. Who else gets this silk slipper in our society? NOT ME!!
My second point barely related is that DOCTORS LIMIT THE NUMBER OF DOCTORS!!— in “MED SCHOOLS” We need a million MORE doctors NOW!!. It’s all demand and supply folks. That is easy to fix and should be by government. ITS A MONOPOLY by the Doctor elite and it needs busting!!
Yes Jim . The Constitution is out of the loop on this Rinocare socialized medicine. We thought that was being repealed.


46 posted on 03/17/2017 1:15:34 PM PDT by WENDLE (We said REPEAL the socialism NOT replace with other socialism.!! RINOCARE GOES NOWHERE)
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To: Jim Robinson

The funny thing is we are told guns can be regulated only because they are sold across state lines. But health insurance actually can’t be sold across state lines, but that gets regulated too.


47 posted on 03/17/2017 1:17:46 PM PDT by AnonymousConservative (Why did Liberals evolve within our species? www.anonymousconservative.com)
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To: Jim Robinson

Does that mean that Medicare and Tricare are unconstitutional?


48 posted on 03/17/2017 1:17:57 PM PDT by FewsOrange
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To: Jim Robinson
The Sixteenth Amendment (federal income tax) changed everything. Before that, the federal government's power to raise money wasn't really greater than that of states or municipalities. After it, the federal government had access to vast reserves of money. Functions that would have been left up to the states (or not executed by government at all) were taken over by the feds who had the funds to finance those activities. State governments didn't mind. They had their positions and income and didn't mind letting Washington DC pick up the tab and have the responsibility and the blame for anything going wrong.

If you devolved federal powers back to the states now, you'd find some states devoting a lot of funding to government agencies and imposing high tax and debt burdens on citizens and others taxing less but providing much less in services. Businesses, families, and individuals would be scrambling to find a place with the right balance of taxes and services. Maybe we're ready to take a chance on that, but if things went wrong under state control (as they inevitably would in some states), you'd see people demanding very quickly that the federal government step in again and use its ability to tax and borrow to finance government functions again.

49 posted on 03/17/2017 1:18:57 PM PDT by x
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To: Jim Robinson
There's nothing in the Constitution about government paying for healthcare. But then, there is also nothing in the Constitution about Social Security (FDR, 1935) or Medicare (LBJ, 1965), which together, in 2015 accounted for 49% of the federal budget. Where your tax money goes The whole house of cards is going to collapse in the not-too-distant future.
50 posted on 03/17/2017 1:19:50 PM PDT by 45Auto (Big holes are (almost) always better.)
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To: FewsOrange

The only thing that makes them constitutional is a hallucinogenic reading of the commerce clause!


51 posted on 03/17/2017 1:21:19 PM PDT by Reily
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To: loveliberty2

People do not want to read a 5 page comment.

Edit. Small.


52 posted on 03/17/2017 1:28:25 PM PDT by TheNext (REPEAL Slavery AND REPLACE with Slavery - Not!)
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To: Red Badger

Sad a law is more important to the actual constitution. The judicial needs to restict as only of three government powers.


53 posted on 03/17/2017 1:28:52 PM PDT by keving (We are the Government)
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To: Jim Robinson

Two events make it constitutional (in my opinion) the wickard vs. filburn decision and the passing of the 16th Amendment. This expanded the federal governments powers beyond what the founders had intended.

Now I think the Wickard vs. Filburn decision was wrong and would love to see a constitutional amendment restricting the interstate commerce power of fedzilla. I don’t like income taxes but at least that was done correctly with a constitutional amendment.


54 posted on 03/17/2017 1:31:45 PM PDT by OIFVeteran
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To: 45Auto

It’ll be a long time before we get enough constitutional conservatives in congress to repeal the “New Deal” and the “Great Society,” but I believe we do have enough currently to block “RINOcare” if we offer our support and encourage them not to cave-in to the establishment.


55 posted on 03/17/2017 1:33:08 PM PDT by Jim Robinson (Resistance to tyrants is obedience to God!)
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To: Jim Robinson
OK, now how about a plan to eliminate Obamacare. Haven't heard one plan yet that can legally within the law, Senate, and House that can do it. President Trump's hands are tied and it will get worst.
56 posted on 03/17/2017 1:37:08 PM PDT by Logical me
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To: Keyhopper
I’m not being forced to buy a car.

You... PEDESTRIAN!

Who run BarterTown?!

57 posted on 03/17/2017 1:37:49 PM PDT by humblegunner
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To: Jim Robinson

Naive like me.

Me thinks Pandora has flown the coup. Its in the books and the establishment has consumed itself with arguing about every aspect of it , EXCEPT THIS.

And they are determined to let this be what they want to argue about for the next decade or so.


58 posted on 03/17/2017 1:39:43 PM PDT by Delta 21 (The minority demands NOTHING !)
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To: Jim Robinson

I agree with the majority of posters here that say “that horse got out of the barn a long time ago” regarding the unconstitutional abuse of powers by the federal government.

But the reason dates back to the supreme court commerce clause case Wickard v. Filburn, marking the most dramatic expansion of federal powers in our history: “the Supreme Court abruptly reversed its interpretation of the U.S. Constitution and began to rule in a string of cases that the “Commerce Clause” of the Constitution empowered Congress to regulate all aspects of life in the United States, even commerce within a state, and even activity that is strictly speaking not commerce at all.”

So it dates back to the New Deal and the creation of a new, dramatic expansion of federal government power, thanks to the supreme court (and indirectly attributable to Roosevelt).

http://www.conservapedia.com/Wickard_v._Filburn


59 posted on 03/17/2017 1:43:31 PM PDT by zipper (In their heart of hearts, every Democrat is a communist.)
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To: Lurkinanloomin
Tyranny leave you at the mercy of tyrants and their ambitions with history, both good and evil, ever changing.
Repeal and destroy Obama care.
Freedom!
60 posted on 03/17/2017 1:49:35 PM PDT by right way right (May we remain sober over mere men, for God really is our one and only true hope.)
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