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Vic Biorseth, Saturday, October 10, 2020
You cannot buy new insurance that covers a preexisting condition, for the simple reason that you can't buy insurance against something that already happened. The "preexisting condition" medical insurance problem exists because the insured lost insurance coverage for some reason, most usually because of losing their job, which provided group-insurance for employees only. Once you are no longer an employee, you are no longer a member of the group, and no longer covered by it's medical insurance.
Or, still covered, but because of loss of job, cannot afford to pay the premiums to keep the policy in force.
But that's a state problem, and not a federal problem in the first place.
Again, let's look at the limited and enumerated powers of Congress to legislate law, in Article One Section Eight of our Constitution:
Section. 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; — And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
[Note 1: These are the limited and enumerated legislative powers of the Congress. Nothing outside of this list may be addressed in federal law short of passing a Constitutional Amendment to do it.]
[Note 2: If it cannot be Constitutionally legislated into law, it cannot Constitutionally exist in federal law. The Constitution nowhere grants the Congress the power to "delegate" any of it's exclusive legislative powers to any lesser body or bureaucracy that may exist or be brought into existence. Thus, no "regulation" may be issued to do that which the Congress is specifically prohibited from doing.]
[Note 3: No executive order or action of any kind by the President may establish any rule, regulation or law that the Congress is specifically prohibited from legislating.]
[Note 4: If it does not (and Constitutionally cannot) exist in legislated and signed federal law, the Supreme Court may not Constitutionally hear and adjudicate anything to do with it. The Supreme Court may only adjudicate cases involving existing federal law.]
[Note 5: To quote Article 1 Section 1: "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." The key word is "All". No exceptions. If it wasn't constitutionally legislated and signed into law, it is no law.]
Note that neither health care nor health insurance are in there. That means that they are out of scope for the federal government to even address, in any way whatsoever. The real problem is that the federal government did address it, and violated the Constitution to do it.
It's kind of like the homo-marriage legal abomination. Neither homosexuality nor marriage are to be found in Article One Section Eight, and that makes it a state issue. If the federal Constitution prohibits it from being legislated into a federal law, it cannot exist as a federal law. If it does not exist as a federal law, the President (executive branch) cannot enforce it as a federal law, and the Supreme Court cannot hear and adjudicate anything to do with it, because it is not a federal matter.
The highest legal appeal for any state matter is a state supreme court.
Nothing that is not found in Article One Section Eight can be addressed in law by any branch of the federal government short of having a new Constitutional Amendment sent out and ratified by 38 states.
Constitutionally, Obamacare cannot be repealed and replaced; it can only be repealed. And it can be repealed by a simple declaration, by any of the three coequal branches of government, that it is unconstitutional and therefore null and no law. The exact same thing may be said of abortion.
Either draw up a Constitutional Amendment to add health care and/or health care insurance into Article One Section Eight and send it out to the states for super majority ratification, or, put pressure on states to fix the problem, with major help from the federal government. One way the federal government can help would be to eliminate the Billing Code System in Medicare, which would, in and of itself, put doctors back in charge of treatment and cut medical costs for every medical condition.
The medical billing code system is a continually growing bureaucratic nightmare that never should have ever been allowed to come into being. The whole insurance industry takes it's now absolutely required billing code updates from Medicare, which has made itself into the medical billing code dictator of the world.
We have referred to this ever growing billing code monster over and over again among the American Socialized Medicine Pages. It is unnecessary pedantic petty-bureaucratic nonsense.
The resolution to the preexisting condition problem involves ownership of medical insurance policies. State laws should be changed or legislated to require four things:
If these things were done, health care business would be radically simplified, health care costs would go radically down, and insurance companies would be scrambling to fill the need for individual insurance policies at affordable prices. The biggest single positive to come out of it would be how cheap it would be to get normal, every-day, non-catastrophic health care.
This would encourage employers to stop providing health insurance to employees and just pay them more, and it would start a major competition and a low-lower-lowest-price insurance premium war between health insurance companies to grab market share and sell individual health policies at prices people could afford.
We have always felt that medicine and medical care should be cheap enough that the only real need for medical insurance would be for the possibility of catastrophic illness. Employed, bourgeois middle class Americans should really only need to buy catastrophic insurance, and just pay medical expenses as they go along.
Believer it or not, most simple medical procedures would be a lot cheaper to just pay for than to insure against.
President Trump could trigger a medical care and preexisting condition competition between states, because states that did these things would soon have radically cheaper, simpler and better health care than states that did not.
People like cheaper, simpler and better health care. People move, and people vote. It's a really big political issue with a lot of people.
But, short of a Constitutional Amendment, you can't make a federal case out of it. Once upon a time, everybody would have known that.
The only thing Truth has going for Him in this world is us.
The restoration of Truth = Reality in the hearts and minds of men is now totally dependent upon you and me; if we don't do it, it won't get done.
Sign the Letter to your Bishop, and make our Church Catholic again.
Join Cardinal Burke's Storm Heaven Rosary Campaign.
Get behind President Trump, and make America Constitutional again.
Pray for a strategic collaboration between Abp. Vigano and Trump.
EENS: Extra Ecclesiam Nulla Salus
(Outside the Church there is no salvation)
With fear and trembling, work out your salvation--Phil 2:12
Seek the Truth; Find the Way; Live the Life.
Please God, and Live Forever.
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Date: Sat Oct 10 10:26:13 2020
There is no right in the Constitution of lots the lawyers have empowered themselves to do. We are in dire need of a Constitutional Convention of States. President Trump is the closest thing we are likely to achieve... maybe during the Pence administration.
The O-“care” attack on freedom is devastating. We were told we did not have to plan for the insane rates while we were in our working years.. our company promised “lifetime” health insurance... then they stopped.
Pray the Rosary.. This is not the first time evil has gained a foothold... but with complicit clergy, the stench is rising to Heaven.
Date: Sun Oct 11 2020
From: Vic Biorseth
That's good advice; we've got Rosary Rally Processions going on in towns around here every weekend until the election.
But I worry about state Constitutional Conventions because the enemy is so organized and determined. Marxocrats could and would flood the zone and try to take over, getting all sorts of evil Amendments into the mix, including especially abortion, ending the electoral college, maybe even eliminating Article One Section Eights.
Much safer and more under control would be proposals, one issue at a time to keep it simple, for amendments being written up in by Congress and/or the President, and sent out to the states, one at a time, for ratification.
Unfortunately, Constitutionally, you can't make a new law retroactive; in other words, you can't make a law and punish previous offenders with it. So all those Congressmen, Senators and Supreme Court Justices who violated their oaths would continue to get away with it, since the Congress is never going to impeach any of their own deep swamp dwellers.
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