In the most recent attempt to turn us from a republic into a socialist nation, Bernie Sanders and others are proposing legislation to create “a Medicare-for-all national health insurance program“. There has been a lot of talk about the political, economic, and logistic realities of such a proposal, but not very much about the constitutionality of it. While you may think this would be a very quick discussion, as often happens, there is more to this move than meets the eye.
Powers of Congress
Let’s start with the easy stuff. There is no power delegated to Congress to establish a national health insurance program. In fact, there is no power delegated to Congress to have anything to do with our healthcare system, except any interstate or international commerce it may generate. I don’t know if Mr. Sanders is aware of this, but any legislation that Congress passes that is not authorized by the Constitution is “void”.
There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.
In fact, the language currently available doesn’t even pretend that the Constitution grants Congress the power to create such a program. A quick search of the PDF shows no reference to the Constitution, much less any specific reference to the source of the authority to create such a law.
A More Dangerous Effect
Even more dangerous than the long standing precedent that legislators can get away with passing unconstitutional laws, is the point of view apparently held by so many in Washington, D.C., today: That of who is the boss of whom.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,
When we separated from Great Britain and became 13 sovereign states, our Founders did so on the premise of two very basic statements: That the people, individually, had certain unalienable rights and that governments were established by our consent to protect those rights. Now tell me, what right is Mr. Sanders protecting with this legislation?
The Right to Healthcare
Some of you may say he’s protecting our “right to healthcare”. However, you cannot have a legitimate right to healthcare since the only way to exercise any such right requires that you infringe on the rights of others. Are you going to force doctors, nurses, and other healthcare professionals to work for free? What about those who provide the medicines and medical equipment? Are we going to force utilities like gas, electric, phone, and Internet, provide their services for free to medical institutions because you have a “right” to healthcare? What do we call people who are forced to work or provide services for others? We call them slaves.
Some of you may say, “We won’t force them to work for free, we’ll just pay them with tax dollars.” Before you feel better about yourself though, realize this isn’t really any better, since those in government will decide who gets paid and how much, regardless of the cost of providing those services. Not to mention that instead of enslaving the medical community, you wish to enslave all Americans, to pay for a program just because you like it. And of course, since it’s done with government taxes, your payment is compelled by force. What do we call people who force others to pay money or else? We call them extortioners.
So, if you support this idea of “Medicare-for-all”, are you a slaver, an extortioner, or both?
Not About Healthcare
By looking at the proposed legislation a little closer, I found that the ultimate goal is not about making sure you can get healthcare, but about making sure you are dependent on government for it.
SEC. 107. PROHIBITION AGAINST DUPLICATING COVERAGE.
(a) IN GENERAL.—Beginning on the effective date described in section 106(a), it shall be unlawful for—
(1) a private health insurer to sell health insurance coverage that duplicates the benefits provided under this Act; or
(2) an employer to provide benefits for an employee, former employee, or the dependents of an employee or former employee that duplicate the benefits provided under this Act.
In other words, you won’t have a choice of where or how you wish to pay for your healthcare; the government will be the sole provider of whatever healthcare they deem you should have. They will also decide what will be paid for and under what circumstances. Don’t like what the government offers? Too bad, since it will be illegal for you to get coverage elsewhere. Does your employer want to offer you better coverage? So sad, but it will be illegal for them to do so. Don’t want to pay for what is covered by the government mandated plan? Then you go to jail for not paying your taxes.
Conclusion
This so called “Medicare-for-all” act is just another Trojan Horse, attempting to get you to accept government dictating to you how you should live your life. There’s a saying in our modern culture, “If you don’t pay for the service, you are the service.” With this legislation, you are the service. You will be selling your rights as an American to live at liberty, without government control or coercion, for the promise that you will get “free” healthcare. There’s another, much older saying, as well, “You get what you pay for.” Sadly, the cost of this legislation will not only be measured in dollars, but in the rights and freedoms of you, your children, and the generations to come.
So when the snake-oil salesman comes promising the latest miracle cure-all, remember one other very old saying, “Buyer beware!’ Or better yet, lets take the advice of those who declared our independence over 240 years ago:
That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
