FixHealthCarePolicy

The States Fight Back: Virginia Rejects Obamacare’s Individual Mandates

Yesterday the U.S. Constitution and federalism won a key battle. The Virginia Senate, which has a Democrat Majority, passed a bill prohibiting a requirement for Virginians to purchase health-care insurance. Five Democrats from swing districts joined all of the Senate Republicans in voting in favor of the measure. And with a Republican State House and Governor, this bill is expected to make it into law.

Some would argue that the legislative implications are negligible as the federal government, if it wants, can override state law and that an individual mandate could be authored in such a way to not run afoul of this Virginian measure. However, the practical implications of this effort are widespread. What are these?

The Constitution is Back in Vogue. Many of the elite politicians and media insiders ridicule anybody who questions health care federalism and the Constitution. The liberal leaders in Congress could not believe that the American people would value our nation’s Founding principles over their precious health care reforms. However, the fact of the matter is that these are serious issues that deserve deep thought and discussion. (more…)

Tags: individual mandates, ObamaCare, U.S. Constitution, Virginia

Is there a Constitutional Basis for Mandatory Health Insurance?

Does the Constitution allow the federal government to force individual citizens to buy health insurance? Sen. Tom Coburn (R-OK) and Rep. John Shadegg (R-AZ) have been waging a war to force Members of Congress to include a concise explanation of the constitutional authority empowering Congress to enact legislation as part of every bill. The legislation titled “The Enumerated Powers Act” would not allow the House or Senate to consider any legislation not containing an explanation of the constitutional authority for legislation. Clearly this is needed, because Senator Daniel Akaka (D-HI) had a hard time responding to a simple question from a CNS News reporter that strikes at the core of Obamacare: “Does the United States Constitution give the United States Congress the authority to mandate individuals to have health insurance, to carry health insurance?”

(more…)

Tags: Daniel Akaka, enumerated powers, Obama Health Care Plan, U.S. Constitution