Formerly the Thinking Catholic Strategic Center
January 07, 2017
I'm so tired of hearing all the "Repeal And Replace" crapola from both sides of the Obamacare argument. It's unconstitutional. That means it is illegal. There can be no "Replacement" for it at the federal level that would not also be unconstitutional, short of passing a Constitutional Amendment. Again, neither private health care nor private insurance are listed among the enumerated and authorized powers of the federal government in Article One Section Eight of the Constitution.
The most galling argument of all is the Marxocrat Party / Manstream News argument that asks "where's your replacement plan?" and implies that "millions" will be dropped from the insurance rolls, and many of them may die for want of health care they cannot afford to obtain.
First of all, repealing Obamacare in and of itself does nothing to existing Obamacare policies already in force. It just makes the Obamacare law no longer a law. Places like New York, Las Angeles and Chicago, where everyone, from beneficiaries to politicians to plans and providers absolutely love Obamacare, there shouldn't be any change whatsoever.
If you like your Obamacare, you can keep your Obamacare.
The only plans that might be dropped would be of those in states that decided dropped them, or in those companies that decided to drop them. Most of those, I would venture a guess, would be those who had been hurt by Obamacare, not helped. For every "million" or whatever number that gained insurance they didn't have before, considerably more millions (or whatever) lost the better insurance they previously had before Obamacare. More people lost insurance because of Obamacare than gained it.
The important thing is that states and employers would have to actually proactively do something to drop plans. Repealing the law in and of itself would not invalidate any standing policies.
All that's needed to be done is to repeal Obamacare. There are plenty of insurance plans out there just waiting for the opportunity to competitively pounce on a market about to open up. The private sector insurance industry is practically foaming at the mouth in anticipation of the death of Obamacare. The "Replacement" will take care of itself.
As far as the "Repeal" part of it goes, here's what we recommended in the Fixing Health Care page, among other places:
If the Supreme Court could repeal a law, as it did in Maybury v Madison, establishing the principle of Judicial Review, then the President can repeal a law, establishing the principle of Presidential Review, and the Congress can repeal a law, establishing the principle of Congressional Review. The Constitution nowhere grants any one of the three co-equal branches of government any special interpretive authority over the Constitution above that of any other branch.
Congress legislates new law.
Presidents execute existing law.
Supreme Courts adjudicate existing law.
All know how to read the simple English of the Constitution. All perform their respective functions in strict accordance with the Constitution they are all solemnly sworn to uphold. No branch has any special interpretive authority over any other branch. That's what co-equal means.
As we have said elsewhere, Obamacare is unconstitutional on many points, and its legislation, its signing into law, and its modification and adjudication by the Court, all, were high crimes. All still sitting participants, in the House, in the Senate and on the Court, should be impeached from office and/or indicted for criminal malfeasance in office, for violating the Constitution and their sworn oaths of office.
What the Marxocrat Party and their News Media are screaming about here is similar to arguments on Abortion law, Homo-Marriage law, etc., in which they breathlessly claim that declaring such unconstitutional Court precedents as Roe v Wade and Doe v Boldon to actually be unconstitutional, null and void, would in and of itself make Abortion illegal. It absolutely would not. It would simply return the matter to the states, where it belongs. The federal government is no more competent to address these issues than it is competent to address medical care or medical insurance. That's just not what it was Constituted to do.
We cannot get the federal government completely out of the fields of medicine and medical insurance without getting it out of Medicare and Medicaid. And we can't get it out of those without addressing Social Security, which they are a part of. Now, if anything will inflame Marxocrat Party / News Media rhetoric to the screaming level, any mention of cutting Social Security will do it.
Nevertheless, despite the screaming and political posturing, Social Security, Medicare and Medicaid can all be eliminated without affecting those already on Social Security, Medicare and Medicaid. They all keep their benefits, for the rest of their lives.
Here's how we explained it in Cut Social Security:
Medicare and Medicaid beneficiaries would follow the same path as the whole Social Security plan. Those covered on the date of cut would remain covered, for life. After the date, nobody new gets in .
If this were done, the federal government would finally be completely out of the practice of medicine, except for the VA. If States would follow through with laws to sell insurance across state lines, and would make beneficiaries the sole recipients of claim money instead of health care facilities, the whole world of medical insurance and medical cost would change.
Eliminating the "Billing Code" nightmare by making patients sole beneficiaries of policies, as recommended in Fixing Health Care, would do two things rather quickly:
Everyone should be able to afford non-catastrophic medical care without having to resort to insurance for it. Most doctors would be happy to reduce staff, costs, red tape and billing delays and go back to being self-employed professionals rather than mere paid employees of various organizations and hospital conglomerates.
How to fix VA?
As we have recommended elsewhere, convince Congress that it should be covered by it. Make the whole federal government, all three branches, to have all existing federal health care coverage plans replaced by VA coverage, with no other options. You would then see major improvements and upgrades to VA health care up the yingyang. Legislating to improve VA health care would become a very high priority item.
Nothing to it but to do it. It would be fun to watch all the professional politicians argue against it, with all the veteran and veteran families watching.
Sarcastic Acronym Hover-Link Footnotes: For the convenience of those readers using devices that lack a mouse, these footnotes are provided for all webpages, in case any webpage contains any hover-links. (If you don't have a mouse, you can't "hover" it over a link without clicking just to see the simple acronym interpretation. Click a footnote link to see the gory details.)SLIMC1 Secularist Liberal Intellectual Media Complex
Culture=Religion+Politics; Who Are We? Vic Biorseth
The Brilliantly Conceived Organization of the USA; Vic Biorseth
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Socialized Medicine Pages
Medicine, like education, has no Constitutional mandate and no legitimate, legal business being addressed by federal government. Medicine, and medical insurance, are private sector businesses beyond the scope of federal government.
Killing Obamacare does not require canceling all existing policies. Killing Obamacare means there is no mandate, there is no fine, so states, employers and beneficiaries are no longer forced to participate.
Argument against National Health Care, which is, in fact, Socialized Medicine. National Heath Care equals Socialized Medicine, pure and simple. Medical Practice is beyond the scope of government and not what our government is constituted to do.On the forced use of medical boiler plate language rather than simple notes
. The "little dictators" from insurance companies and government bureaucracies force MDs to use stilted, verbose, medical boiler plate language in their own documentation.
Who's driving the Health Care bus? Health insurance companies grading doctors? Health insurance companies grading doctors: a legitimized conflict of interest. A preparatory step toward the nationalization of the health insurance industry?
Fixing Health Care requires getting government out of it. Get government out of it, require all health insurance to be owned by and benefits paid solely to patient-beneficiaries, and let the free market do the rest.
It isn’t really Health Care. It’s all a giant pile of lies. No, it isn’t really Health Care. Nothing in Obamunism is what it appears to be.
It isn't just Obamacare; we need to kill controlled Health Care. Kill Controlled Health Care to get government and insurance out of the medical transaction.
The "Pre-Existing Condition" Progressive Marxist Psychological Trick. Insurance is protection against future misfortune, not past misfortune. How could anyone insure against past events?
Breaking Government "Sausage-Making" to Repeal Obamacare. Political Government Sausage Making versus plain and simple Constitutional Government is the sole problem with repealing Obamacare.
The Pre-Existing Condition Insurance Rope-A-Dope Political Trick. Getting the populace all exercised to grow the government over yet another political false premise involving yet another imaginary Constitutional "Right".
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