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Entries in ObamaCare (4)

Wednesday
Dec232009

The Impudent Tyranny of Harry Reid

Via The Washington Examiner

By Examiner Editorial

Senate Majority Leader Harry Reid of Nevada is proving once again the maxim that darkness hates the light.

Buried in his massive amendment to the Senate version of Obamacare is Reid’s anti-democratic poison pill designed to prevent any future Congress from repealing the central feature of this monstrous legislation.

Beginning on page 1,000 of the measure, Section 3403 reads in part: “… it shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment or conference report that would repeal or otherwise change this subsection.”

In other words, if President Obama signs this measure into law, Reid intends that no future Senate or House will be able to change a single word of Section 3403, regardless whether future Americans or their representatives in Congress wish otherwise.

Note that the subsection at issue here concerns the regulatory power of the Independent Medicare Independent Advisory Board to “reduce the per capita rate of growth in Medicare spending.”

That is precisely the kind of open-ended grant of regulatory power that effectively establishes the IMAB as the ultimate arbiter of the cost, quality and quantity of health care to be made available to the American people. And Reid wants the decisions of this group of unelected federal bureaucrats to be untouchable for all time.

No wonder the majority leader tossed aside assurances that senators and the public would have at least 72 hours to study the text of the final Senate version of Obamacare before the critical vote on cloture. And no wonder Reid was so desperate to rush his amendment through the Senate, even scheduling the key tally on it at 1 a.m., while America slept.

True to form, Reid wanted to keep his Section 3403 poison pill secret as long as possible, just as he negotiated his bribes for the votes of Sens. Mary Landrieu, of Louisiana, Ben Nelson, of Nebraska, and Bernie Sanders, of Vermont, behind closed doors.

The final Orwellian touch in this subversion of democratic procedure is found in the ruling of the Reid-controlled Senate parliamentarian that the anti-repeal provision is not a change in Senate rules, but rather of Senate “procedures.” Why is that significant?

Because for 200 years, changes in the Senate’s standing rules have required approval by two-thirds of those voting, or 67 votes rather than the 60 Reid’s amendment received.

Reid has flouted two centuries of standing Senate rules to pass a measure in the dead of night that no senator has read, and part of which can never be changed. If this is not tyranny, then what is?

Wednesday
Nov112009

To Hell With the Constitution?

Via American Thinker

By Jon N. Hall    

Much has been made recently of the unconstitutionality of federal health care reform, especially a government-run system (the "public option") that could devolve into a "single-payer" system. The main objection is that the federal government has no authority to operate a health care system. Indeed, the 9th and 10th Amendments forbid it, according to Larrey Anderson of American Thinker.

In The Wall Street Journal, Judge Andrew Napolitano writes that Congress has been getting around such constitutional bans by invoking its Commerce Clause, "the favorite hook on which Congress hangs its hat in order to justify the regulation of anything it wants to control." Perhaps the most outrageous abuse of this tiny clause is the case of Wickard v. Filburn (1942), where the Supreme Court cited the Commerce Clause in denying a man the right to cultivate his own land for the purpose of feeding his family.

Judge Napolitano deems ObamaCare "unconstitutional at its core".

Besides the systemic ban, a key component of ObamaCare may also run afoul of the Constitution. The "individual mandate" for citizens to buy health insurance seems to violate the 14th Amendment's Equal Protection Clause. In The Washington Post, attorneys David Rivkin and Lee Casey assert:
The otherwise uninsured would be required to buy coverage...for no other reason than that people without health insurance exist. The federal government does not have the power to regulate Americans simply because they are there.
During last year's campaign, I made this "existential" argument myself, comparing the "individual mandate" to poll taxes. In Harper v. Virginia Bd. of Elections (1966), which struck down poll taxes in Virginia, Justice Douglas delivered the Court's opinion:
Long ago in Yick Wo v. Hopkins ... the Court referred to "the political franchise of voting" as a "fundamental political right, because preservative of all rights." ... fee paying has, in our view, no relation to voting qualifications; the right to vote is too precious, too fundamental to be so burdened or conditioned.
Is not the right to exist even more "fundamental" than the right to vote? Isn't existence a precondition of "all rights"? Yet this is what the "individual mandate" taxes: existence. In the Wall Street Journal, Rivkin and Casey write:
But if over time, as many critics fear, a "public option" health insurance plan turns into what amounts to a single-payer system, the constitutional issues regarding treatment and reimbursement decisions will be manifold...The only thing that is certain today is that the courts, and not Congress, will have the last word.
In her coverage of the November 5 rally on Capitol Hill and attorney Mark Levin's impassioned speech to the assembled throng (great video of it in the link), Penny Starr reports:
Both the House and Senate versions of the health-care reform bill would force all individuals who are citizens or legal residents of the United States to buy health insurance or else pay a fine, even though the Congressional Budget Office has reported that the federal government has never before required Americans to buy any good or service. Sen. Orrin Hatch (R.-Utah), a longtime member of the Senate Judiciary Committee, told CNSNews.com recently that this mandate is not constitutionally justifiable and that if Congress can force Americans to buy health insurance "then there's literally nothing the federal government can't force us to do" [emphasis added].
America once made the required nod to the Constitution. When We the People wanted to make some fundamental change or expand the federal government's reach, we did the right thing and amended the Constitution.

The Constitution has 27 amendments, and 12 of those amendments came within the last century. One of those 12 amendments (#18) was repealed by a later amendment (#21). If we once thought that we had to amend the Constitution to ban "intoxicating liquors" and later had to again amend the Constitution to re-legalize the stuff, wouldn't we need an amendment to allow the government to intrude even more intimately into our lives?

But the amendment process is arduous (the 27th Amendment took 203 years to ratify). And there's no guarantee the states will go along (the Equal Rights Amendment failed). So Congress goes its merry way, the Constitution be damned.

But now Congress is ramming through their abortion of a bill by the thinnest of majorities. The House just passed its version 220 to 215 -- a 3-vote margin to pass the "mother of all entitlements." The Senate is considering its options, among them the "nuclear option" (called "reconciliation"), which would allow them to get around a filibuster.

If Congress were to do the right thing and initiate an amendment to enshrine the "individual mandate" in the Constitution...it would fail miserably. If America is still America, Americans will not tolerate being told they have to buy something, especially if it's for no other reason than that they exist. If ObamaCare becomes law, folks will drop their insurance out of principle. They'll file suits against the feds. The states will resist, perhaps rebel. And great will be the tumult thereof.

I'm afraid Congress has not only misread the Constitution, but they've also misjudged the American people. Or maybe they just don't know what country they live in.

 

Jon N. Hall is a programmer/analyst from Kansas City.

 

 

Wednesday
Nov112009

The U.S. House of Presumptuous Meddlers

Via TownHall.com

By John Stossel

As an American, I am embarrassed that the U.S. House of Representatives has 220 members who actually believe the government can successfully centrally plan the medical and insurance industries.

I'm embarrassed that my representatives think that government can subsidize the consumption of medical care without increasing the budget deficit or interfering with free choice.

It's a triumph of mindless wishful thinking over logic and experience. 

The 1,990-page bill is breathtaking in its bone-headed audacity. The notion that a small group of politicians can know enough to design something so complex and so personal is astounding. That they were advised by "experts" means nothing since no one is expert enough to do that. There are too many tradeoffs faced by unique individuals with infinitely varying needs.

Government cannot do simple things efficiently. The bureaucrats struggle to count votes correctly. They give subsidized loans to "homeowners" who turn out to be 4-year-olds. Yet congressmen want government to manage our medicine and insurance.

Competition is a "discovery procedure," Nobel-prize-winning economist F. A. Hayek taught. Through the competitive market process, we producers and consumers constantly learn things that force us to adjust our behavior if we are to succeed. Central planners fail for two reasons:

First, knowledge about supply, demand, individual preferences and resource availability is scattered -- much of it never articulated -- throughout society. It is not concentrated in a database where a group of planners can access it.

Second, this "data" is dynamic: It changes without notice.

No matter how honorable the central planners' intentions, they will fail because they cannot know the needs and wishes of 300 million different people. And if they somehow did know their needs, they wouldn't know them tomorrow.

Proponents of so-called reform -- it's not really reform unless it makes things better -- have shamefully avoided criticism of their proposals. Often they just dismiss their opponents as greedy corporate apologists or paranoid right-wing loonies. That's easier than answering questions like these:

1) How can the government subsidize the purchase of medical services without driving up prices? Econ 101 teaches -- without controversy -- that when demand goes up, if other things remain equal, price goes up. The politicians want to have their cake and eat it, too.

2) How can the government promise lower medical costs without restricting choices? Medicare already does that. Once the planners' mandatory insurance pushes prices to new heights, they must put even tougher limits on what we may buy -- or their budget will be even deeper in the red than it already is. As economist Thomas Sowell points out, government cannot really reduce costs. All it can do is disguise and shift costs (through taxation) and refuse to pay for some services (rationing).

3) How does government "create choice" by imposing uniformity on insurers? Uniformity limits choice. Under House Speaker Nancy Pelosi's bill and the Senate versions, government would dictate to all insurers what their "minimum" coverage policy must include. Truly basic high-deductible, low-cost catastrophic policies tailored to individual needs would be forbidden.

4) How does it "create choice" by making insurance companies compete against a privileged government-sponsored program? The so-called government option, let's call it Fannie Med, would have implicit government backing and therefore little market discipline. The resulting environment of conformity and government power is not what I mean by choice and competition. Rep. Barney Frank is at least honest enough to say that the public option will bring us a government monopoly.

Advocates of government control want you to believe that the serious shortcomings of our medical and insurance system are failures of the free market. But that's impossible because our market is not free. Each state operates a cozy medical and insurance cartel that restricts competition through licensing and keeps prices higher than they would be in a genuine free market. But the planners won't talk about that. After all, if government is the problem in the first place, how can they justify a government takeover?

Many people are priced out of the medical and insurance markets for one reason: the politicians' refusal to give up power. Allowing them to seize another 16 percent of the economy won't solve our problems.

Freedom will.

 

Friday
Oct092009

The Madness of the Mandate

Via Reason.com

By Peter Suderman

Over the summer, the health-care debate focused on the controversy over the so-called "public option"—a government-run insurance plan intended to offer a low-cost alternative to private insurers. But squabbling over the public plan has diverted attention away from the true centerpiece of all current reform efforts: an individual mandate requiring every American to buy health insurance. Even without any form of public option, a nationwide mandate opens the door to de facto government control over the entire insurance industry, while potentially killing off the low-cost plans that could truly revolutionize American medicine.

An insurance mandate is a crude solution to the what many liberals consider the primary problem with America's health-care system: the large number of uninsured. One of the most frequently repeated statistics in the health-care debate is that there are 47 million people without health insurance in the U.S. Anyone looking for a way to get all of those people insured is left with only one option: force them to get insurance.

Problem is, the 47 million statistic is misleading. And even with a mandate, health reform legislation is projected to leave tens of millions uninsured.

Let's start with the 47 million figure. The number is presented as a static fact, but instead it's the total number of people who go uninsured for even a single day each year. The number also includes several million illegal immigrants, 11 million individuals who already qualify for some form of government health assistance, and 18 million individuals who make more than $50,000 a year, many of whom presumably could buy insurance but simply choose not to.

Meanwhile, mandates don't actually bring everyone into the system. Some people simply wouldn't comply. Others would choose to pay a penalty in order to avoid buying insurance. The latest report from the CBO estimated that the health-care plan put forth by the Senate Finance Committee would leave "about 25 million nonelderly residents uninsured (about one-third of whom would be unauthorized immigrants)."

In other words, a mandate is, at best, a leaky solution to an incredibly exaggerated problem.

Yet advocates claim that it's the only way to cover everyone and bring down costs. In the real world, however, that's just not true.

As Cato Institute health-policy analyst Michael Cannon pointed out in a recent paper, mandate supporters often argue that, by bringing everyone (or nearly everyone) into the insurance pool, a mandate will save money on so-called "uncompensated care"—the unpaid-for care doled out to free-riders throughout the nation's emergency rooms. But according to the Urban Institue, a left-leaning think tank, uncompensated care only accounted for about 2.2 percent of health spending in 2008. So, at most, savings would amount to measly 2.2 percent—and that's before accounting for the additional costs imposed by a mandate.

And those costs can be significant. As Cannon explains, "when government makes health insurance mandatory, it must define a level of coverage that satisfies the mandate." That means that many lower-coverage, lower-cost plans no longer make the cut—and premium costs go up. As Cannon calculated based on a study by Massachusetts Division of Finance and Policy, mandatory coverage requirements can "increase the cost of insurance by as much as 14 percent—or nearly $1,700 per year for family coverage." Two-and-a-half years after first imposing a mandate, the state now has the dubious honor of having the nation's most expensive health insurance premiums, and the future looks even more grim: Insurers have already announced plans for double-digit hikes next year.

Nor does the existence of a mandate guarantee that public spending on health-care will be kept in check. Indeed, the opposite has occured in Massachusetts. The state's medical spending is so out of control that, according to the Boston Globe, state insurance commissioners now worry that it "could threaten the state’s model health insurance law and bankrupt employers and patients." 

Supporters claim the Massachusetts plan has been a success because it's increased the percentage of people in the state with health insurance. And it's true. Estimates suggest that, these days, the percentage of uninsured in Massachusetts numbers somewhere between 2.2 and 4 percent (although given that 86 percent had insurance before the mandate took effect, this isn't as much of an accomplishment as they claim). But what good is insurance if the program that funds it isn't sustainable? Even among those who view the plan as a model for the nation, there's concern that skyrocketing costs "threaten the long-term viability of the initiative."

Meanwhile, a mandate's minimum coverage requirements would effectively outlaw low-cost health-care solutions like health-savings accounts (HSAs) that let individuals pay for care out of accounts they control—and, unlike traditional insurance plans, have a legitimate (if not yet definitive) record of lowering health-care spending.

But in Washington's current reform-crazed atmosphere, sensible ideas like giving consumers more control over their health-care don't stand a chance. Instead, liberal reformers appear to have succumbed to the power of compulsory insurance. And if they get their way, it won't be long before we're all in the grips of mandate madness.

Peter Suderman is an associate editor at Reason magazine.