(Before It's News)
By Douglas V. Gibbs
Author, Speaker, Instructor, Radio Host
The Affordable Care Act, despite what Justice Roberts had to say, is unconstitutional. There is no expressly enumerated authority for the federal government to get involved in any internal State issues, including health insurance. As Madison wrote in Federalist Paper #45, “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”
The Congress critters, and the President of the United States, take an oath to preserve, protect, and defend the Constitution of the United States, so it must be the first order of business of Congress and President Trump, after January 20th, to get rid of the unconstitutional monstrosity. However, due to the unconstitutionality of the federal government's involvement in the healthcare industry, Trump's offer to “repeal and replace” is not good enough. Repeal the Affordable Care Act, and return the issue to the States, where it constitutionally belongs. There should be no “replace”, when it comes to the federal government's part in it.
Congress can have the bill written now, and voted on by Inauguration Day. The Obamacare repeal should be on President Trump's desk, first thing.
Insurance costs have skyrocketed, and thousands of Americans have lost their insurance plans or their doctors. Seventeen of the original twenty-three Obamacare exchanges or co-ops have collapsed. Federal intrusion into health insurance is unconstitutional for a reason. It is a disaster, killing the industry, and it has given the federal government power it has never been authorized to have.
The Democrats have promised to filibuster any attempt to repeal Obamacare, and to be as obstructive as possible. Like the Democrats when it came to creating Obamacare, it would then be wise for the Republicans to put into action the “reconciliation process,” the nuclear option that only requires a simple majority for cloture, when it comes to repealing Obamacare.
The problem is, some of the Republicans are progressives in an elephant's clothing, and may be slow to act, or quick to try and institute a replacement bill that is as intrusive as the original Obamacare. Conservatives have been waiting for the moment in time where the GOP has the House, Senate, and White House so as to begin the process of undoing the damage caused by Obama. If Republicans throw conservatives under the bus on the Obamacare repeal, it could be catastrophic for the Republican establishment in the mid-term elections.
Simply put, the election was a mandate against Obama, and the Democrats – and that means it was a message of rejection of things like Obamacare. Therefore, the GOP needs to repeal Obamacare immediately, on day one, or fear the wrath of a conservative movement that was loud enough to put Trump into the White House.
In other words, as Obama once said, “Elections have consequences.”