Health Insurance, Health Care, and the US Constitution

With the recent failure of the US House of Representatives to pass the ACHA (American Health Care Act) and the ensuing blame game, political maneuvering, and talking point parroting on the cable news show and Sunday news talk shows  it’s no wonder no one seems to really know what the hell is going on in D.C….. again…

I for one am ecstatic that the ACHA failed to even get a vote, which was doomed to defeat the second Speaker Paul Ryan declared that no more amendments would be allowed, as he tried to shove this monstrosity of a bill down the throats of not only the House, but all Americans. It is worth noting that this bill did NOT repeal the ACA, commonly known as ObamaCare. What this bill did was, well, basically left all the terrible things about ObamaCare like individual mandate, regulations, taxes, demands on coverage in place. The one positive I saw in this bill was that it changed Medicaid to a block grant to the states, however this change wasn’t made permanent and it would easily be reversed if/when the Democrats regained control of Congress.

Seven years, that’s how long the Republican Party, namely Paul Ryan had to formulate a replacement for ObamaCare. After running on the promise of repeal in every election since ObamaCare was passed, you’d think they’d have gotten their heads together over time, and had a decent starting point with which to put forth legislation that could be passed. However the Republicans in the House couldn’t get out of their own way.

I personally put about 75% of the failure squarely at the feet of Paul Ryan. Others try to lump a big portion of the blame at the feet of President Trump, and I agree, some blame is his to bare. He didn’t show the patience to allow the open process of debate to work. Fmr President Obama and the Democrat controlled Congress still took 13 months to debate and pass ObamaCare, meanwhile President Trump and Speaker Ryan tried to push this bill through in less than 3 weeks.

This is a colossal failure. If you don’t have the scar tissue to have open debates, amendments and changes to a bill in order to build a true consensus and pass a bill that you’ve won 3 elections on, then you shouldn’t bring a bill at all. The bogus idea that this would be a 3 phase plan also fell flat on its face since there were no assurances that phase 2 and 3 would ever happen.

The Freedom Caucus was 100% correct to stand firm against this bill for one simple reason: It didn’t repeal ObamaCare. The American people have been promised for 7 years that if we trusted the Republicans they would get ObamaCare repealed. Well, they failed, epicly.

Instead of working from Nov 9th 2016, when it was clear Trump would be the next President, they sat on their asses, the Paul Ryan largely worked alone behind closed doors to produce a craptastic bill with no chance of passing.

President Trump needed a win. His Presidency needed the first piece of legislation he backed and helped campaign for to pass, and Ryan made that an impossibility. President Trump does own some of the blame here, as mentioned before. He didn’t have the patience to debate this out for a few months, even 90 days would have likely produced a bill that would pass the House, be changed somewhat in the Senate, and then finalized in Committee before a final passage to be sent to the President’s desk for his signature, fulfilling the 2nd or 3rd largest campaign promise. For me it’s the 3rd most important issue behind the Supreme Court and the 2nd Amendment.


So since I feel it’s not right to bitch and moan about what you don’t like without offering your own solutions, here is what I would do. but first a little back story as to the why I would do things this way.

First, I’m a Constitutionalist, I’m not a Conservative or Liberal or even a Libertarian. As a Constitutionalist, I’ve read the Constitution and studied it at length because I believe that it is the single most important document in the history of human civilization. So lets state a few simple facts about the US Constitution and the powers that document delegates to the three branches of the Federal Government.

  1. No where in the entirety of the US Constitution, nor the Bill of Rights are the worlds Health Care, or Health Insurance mentioned. Go ahead, go read it for yourself, don’t take my word for it:

    I’ll wait.

  2. Welcome back. Now then, I’ll point you back to the second link, that Bill of Rights one. Ok when you go back, scroll down to the 10th Amendment. Read that again, and again until you fully understand its meaning. Here I’ll paste it here for you so you don’t have to click all over:

    Amendment X

    The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

To me, the 10th Amendment is almost as important as the 1st and 2nd. This is the Amendment that clearly states that if a power is not expressly delegated to the United States (which means the Federal Government) or a power isn’t prohibited from being a state power, are therefore reserved for the States or the The People.

So what does that mean? Ding Ding, you guessed it! The Federal Government has absolutely ZERO right or power to influence or legislate on Health Care or Health Insurance. The ONE and only caveat to this is the selling of insurance across state lines. That would be Interstate Commerce, and the Federal Government does have oversight and power there. Which will play out in my “HealthCare/Insurance” plan below in a moment.

Ready?? It might be hard for you to follow so I’ll type slow and try to use small words.

What Congress and The President should do to fix the Health Care and Health Insurance Company:

  1. A single page bill that fully repeals the ACA/ObamaCare, including all associated taxes, etc. Something that was passed several times by the House and Senate while Obama was President. (Spoiler: He vetoed them each time)
  2. The HHS Secretary writes a single page memo simply stating “All ACA related regulations, policies, procedures are immediately null and void.”
  3. Since the Federal Government CAN exert power over Interstate Commerce, they pass another one page bill that in effect states “Health Insurance Companies can now sell across state lines.”
  4. The Federal Government then simply gets out of the way. Their job and circle of power can reach no further under Constitutional limits. They can now focus on Tax Reform, building The Wall, rebuilding the damaged relationship between Israel and the US thanks to Obama, and other big issues that actually belong at the Federal Government level.

So what does that mean for people on Government assisted health care? Well it’s up the 50 States that make up this great country. Exactly as the Founding Fathers intended. Some states will do something like what is known as RomneyCare in MA where there is State funded health coverage for all residents of the State, and others will have a much smaller system that is intended to only help those who cannot help themselves. For those States that have large scale programs to cover everyone, there will obviously be higher State level taxes to cover that, and in other States there will be less taxes as there will be far less people depending on their State Government for their health coverage.

Why do it this way? That’s a pretty simple answer, and one the Leftists, Liberals, and Democrats generally don’t like. Because what works in New York State won’t work in Montana. Every State is vastly different in terms of Governmental systems, but also cultures, traditions, and political ideology. By giving the power back to the States where it belongs, we are not only allowing States to do what is best for them and their citizens. We are also preserving Liberty and Freedom by allowing Citizens to choose which State or States best suit their needs, values, and life. Then they can move to the State of their choice.

Thanks for reading!


-The Mid Merican


Note: Next will be my ideas for how to correct the disaster that is Social Security without breaking promises to our nation’s senior citizens, who truly are dependent upon the system because promises were made to them and they should be honored.

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