By David Lewis
With their overhaul of America’s health care system, a.k.a. ObamaCare, Democrats in Congress have mandated that American citizens purchase a form of health insurance the federal government deems acceptable; they plan to levy fines for non-compliance. Their legislation cites the U.S. Constitution’s interstate commerce clause for its underlying authority.
One could have anticipated the constitutional challenges, undertaken by numerous state attorneys general, the National Federation of Independent Business and some individual taxpayers, to ObamaCare’s insurance purchasing mandate; such challenges are well justified, and U.S. District Judge Henry Hudson has this week allowed one such suit, brought by the state of Virginia, to proceed.
The purchase of health insurance is an affirmative act, and as such is distinct from the payment of a tax or a fee. Taxes and fees are levied on separate, freely chosen activities; living and breathing have heretofore not been so classified. Yet, as we citizens live and breathe, our government intends to force each of us to engage in the affirmative act of purchasing a health insurance plan of the government’s choosing. When asked whether the U.S. Constitution actually grants Congress the authority to do this, House Speaker Nancy Pelosi, America’s most powerful legislator, merely scoffed; “Are you serious?” she asked in disbelief of the question.
If our government can force us all to purchase a product of its own choosing, in this case health insurance, whether we want to or not, then what can our government not make us do?
What’s to prevent our government from mandating, for instance, that every American adult purchase a handgun? If Congress’s designated government bureaucrats decide a handgun in every household would reduce crime, reduce the number of shooting victims in emergency rooms and thus lower health care costs, then might we all be gearing up to become gun owners?
Might our government mandate that physicians in this country could no longer work in private practice? That all licensed physicians must practice medicine as part of some designated government agency? Might the private practice of medicine, a venerable institution in America, simply cease to exist?
Might government bureaucrats decide which fuel-efficient automobiles we must buy and how energy efficient our homes must be (something they’ve already attempted with ‘cap and trade’)? Might they decide to tell us how big residential front lawns must be, what type of lawn mowers we must buy, even which light bulbs -- oh yes, we’ve already been told which light bulbs to buy.
Surely, when America’s founding fathers gave Congress the power to regulate commerce “among the several states,” they could not have envisioned a federal government one day exerting control over the minutia of our lives, and over every individual’s major health care decisions.
What our nation’s founders did do, wisely, was to place ultimate control over congressional power in the hands of a voting citizenry. We citizens must exercise that vestige of power – constitutionally derived, thank you very much – while it still counts for something.
