The health care bill that just passed in a process that only a parliamentarian could love is disturbing to many as much, or more for the process than the particulars of the bill. Many, myself included, are appalled that the will of the people wasn’t much of a concern and the phrase “ram it down our throats” was used daily. There is now an effort to go to court(s) to challenge the law’s constitutionality. While the mandate to make people purchase insurance, whether or not they want or can afford it, is suspect, most of the law, while odious, is probably not unconstitutional according to the view of the lawyers that actually interpret it.
I believe that we are now at an inflection point in our Nation’s life and this bill has brought some flaws in our Constitution to focus. Our country’s fundamental document was carefully and brilliantly crafted and is a remarkable piece of work. But as time went on, changes were made in response to the Nation’s problems and changing concerns. Slavery was abolished, taxation was changed, alcohol was banned then brought back and so on. Now we have arrived at a point where it has been altered in ways that is not in touch with either the founding fathers or the will of citizens today.
As I see it there are three fundamental problems with the law of the land today, mainly due to the packing of the Supreme Court by FDR and changes they allowed. First is the establishment of the Federal bureaucracy that actually writes the law or “implementing language” as it is sometimes referred to. Secondly, is the tortured use of the Commerce clause of the Constitution. Thirdly, the balance of powers between the branches is out of whack.
The original Constitution specified that Congress could not delegate its law making powers. This put a real limit on how many laws and how complicated a law the Feds could come up with. If every Congressman had to read and understand the laws they were voting on there would be a lot less Federal intrusion into daily life and they couldn’t pass the buck when bad law was made. Until the law was changed so that Congressional staffers and regulatory bodies actually wrote the law you couldn’t have someone like John Conyers saying “what good is reading the bill?”, or the memorable line by Nancy Pelosi saying they would have to pass the bill to see what’s in it. Nowadays the parties leadership sign off on a bill and most Congressmen just follow their leadership without a full knowledge of what is in it.
The Commerce Clause, in my opinion, has been twisted way beyond what I think was the original intent. Obviously, the Federal government needs to regulate commerce between the States. But if you are in one State, and the dentist is in the same State filling a cavity, it is ridiculous to suggest this should be governed by the Feds because the light being used to peer into your mouth was not made here as well. While some good things have come about due to the use of the Commerce Clause, such as Civil rights, it has been tortured beyond it’s bounds and is a wedge to push Federal power into just about anything they want.
Finally, the Founding Fathers intended for the people to have the final say. The Supreme Court has a powerful role to play in interpreting the law but the people have the right to amend it. The President is a powerful figure, but he too serves the people and is sworn to defend the Constitution, Congress is making itself irrelevant by ceding power to regulatory bodies and staffers. Unless these things are brought back into balance, it is the people’s right and duty to take back the power and restructure it.
This health care law has exposed the flaws not only of the people who have jammed, bribed, and threatened it through, but the system itself. Every now and then every person, company, and indeed, country has to examine itself, look at where you started and where you’ve arrived and decide how to move forward from here. We have long established problems to fix and the road will not be short or easy. But it is too dangerous to be governed by the whims of men rather than a Constitution that stipulates the rules ALL must live under.
