Virginia could break new ground in state-level attacks on Obamacare
By James P. Gannon
Though polls show only about one in three Americans support it, Democrats in Congress are determined to pass their pending health-care legislation soon after they finish cutting the back-room deals needed to buy the votes for this albatross.
In light of tanking public support, their strategy is to get the deal done, in dark of night if necessary, so they can change the subject and get on with doing something the public might support, such as stringing up Wall Street bankers or dumping cash from helicopters. (You laugh? Just wait.)
But passage of their catastrophic health insurance plan (the adjective applies to the plan, not the insured illnesses), will hardly be the end of this battle. By choosing to use scorched-earth tactics (shutting out any Republican participation, ignoring the Constitution, blatantly buying votes with bribes to the states of reluctant Democrats like Nebraska’s Ben Nelson), the Democratic leadership has invited all-out war over the issue.
New fronts in that war are opening up on the state level, including here in Virginia. These will feature attacks on the lynchpin of the Democrats’ legislation–the requirement that all residents of the U.S., under penalty of fine or jail time–purchase government-approved insurance, whether they want it or not.
This is an unprecedented requirement for lawful residency in the United States. Never has Congress required Americans to purchase something, under penalty of law. If they can do this, they can require all obese Americans to lose 50 pounds or be fined or jailed, or require homeowners to purchase solar panels for their roofs to save energy.
There is no limit on Congressional power if this stands–and that’s probably Nancy Pelosi’s point. When a reporter asked if the individual insurance mandate was Constitutional, Pelosi was aghast. “Are you serious? Are you serious?” she erupted, as if she’d been asked if she chewed broken glass for breakfast each day.
In Virginia, Del. Bob Marshall, a conservative Republican from Manassas, has introduced legislation (HB 10) that would void the Federal insurance mandate for Virginians. His bill, which is expected to attract strong Republican support, represents an act of defiance that invites a test of the Constitutionality of the insurance mandate–one that is likely to land in the lap of the U.S. Supreme Court.
Here is the text of Marshall’s bill:
No law shall restrict a person’s natural right and power of contract to secure the blessings of liberty to choose private health care systems or private plans. No law shall interfere with the right of a person or entity to pay for lawful medical services to preserve life or health, nor shall any law impose a penalty, tax, fee, or fine, of any type, to decline or to contract for health care coverage or to participate in any particular health care system or plan, except as required by a court where an individual or entity is a named party in a judicial dispute. Nothing herein shall be construed to expand, limit or otherwise modify any determination of law regarding what constitutes lawful medical services within the Commonwealth.
Marshall’s “Virginia Health Care Freedom Act,” if passed, would protect Virginians’ right to choose to buy health insurance or not. It is based on the division of powers defined in the Tenth Amendment to the U.S. Constitution, which declares that the Federal government has only those powers specifically enumerated in the Constitution, while all other powers are reserved to the states or to the people.
Where in the Constitution does it say that the Federal government may compel a citizen to enter into a contract against his will, or purchase a good or service he does not want? Marshall, and most strict constructionists, say the basis of such a mandate can’t be found in the Constitution.
Congressional Democratic leaders and President Obama contend that Congress’s power to regulate interstate commerce gives it authority to mandate insurance purchases. It’s true that since FDR’s time, courts have extended the commerce clause to cover nearly everything, but it is novel to contend that not doing something is interstate commerce. If I choose not to buy health insurance, how am I engaging in interstate commerce?
If I am, then look out fat people: Not losing weight will also become interstate commerce, and Pelosi & Co. could determine how many pounds you must lose to lawfully reside in the United States–and out of jail.
Obama campaigned against the individual insurance mandate during the 2008 election when he was battling Hillary Clinton, who supported it. But then, he also promised that the negotiations over the health care bill would be televised on C-SPAN, and now he huddles behind closed doors with 10 Democrats to write the final version of the bill, so we can forget those lies.
Marshall’s challenge to Obamacare’s insurance mandate dovetails with plans of at least 13 state attorneys general to challenge its Constitutionality. This guarantees the health-care battle will not be over after Congress passes the bill, but will extend beyond 2010, and possibly right up to the next presidential election.
Support for Marshall’s legislation will be an interesting test of whether the popular revolt against Congress’s health care legislation is reaching a critical mass. Marshall and others will address a rally in Richmond on Monday, Jan. 18, in support of the Tenth Amendment legislation. The Culpeper County TEA Party is sponsoring free bus rides to Richmond Monday for those who want to show support for Marshall’s bill and the challenge to Obamacare. Details on the bus trip are found on the party’s website.
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