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by Rob Natelson

If there were any doubt that our constitutional protection has been lost, that doubt should be removed by the congressional vote subjecting the personal health care decisions of every American to central governmental authority.

By an extremely narrow majority, the House of Representatives has crammed a profoundly unpopular and unconstitutional measure down the throats of the American public: And not only unpopular and unconstitutional, but expensive enough to virtually ensure our nation’s eventual bankruptcy.

Unless it is overturned, nationalized health care will complete the process of changing the Founders’ system of a government dependent on the people to one where the people are dependent on the government. Citizens will be thoughly re-molded into subjects.

The unseemly legislative conduct (the Founders would have called it “corruption”) leading up to the vote have communicated even to those previously not paying attention that federal politicians are now absolutely, utterly out of control. The majority in Congress has rendered it perfectly clear that there is no constitutional or legal restriction they will not violate.

As congressional rumblings about the recent Citizens United decision have suggested, protections for free speech may be next.

There is no “good” response to these outrages – that is, “good” in the sense of easy and foolproof: After all, the very people who perpetrated them also control America’s nuclear arsenal. There are only responses that, while difficult, offer real hope of success. Here are a few:

* Widespread court challenges, on every colorable constitutional, legal, and technical ground we can think of. State governments can take a leading role in this, by virtue of the fact that state governments are more likely than individuals to have standing in federal court. State governments and officials also have much to lose if the feds are allowed to complete their health care takeover.

* Health care provider non-compliance: To the extent they can, physicians and other providers should opt out of the system. Their choices include partial or complete refusal to participate in Medicare, Medicaid, and other government programs; refusal to take any but direct-payment patients; reduced work hours; and even career change and early retirement. Students considering a medical career should now reconsider. Given the ominous nature of the federal health care coup d’etat, my guess is that a lot of this will happen anyway.

* State constitutional amendments. One excellent idea is the amendment proposed in many states guaranteeing that the state will never participate in any system that denies patients and physicians the right to their own health-care decisions.

* Civil disobedience. This should include state non-compliance with federal health-care mandates and peaceful resistance by providers and citizens at every level. The model here should be the Civil Rights movement of the 1960s.

* Redoubling efforts for the 2010 elections. The people responsible for this bill should be cleaned out of Congress – all of them. In addition, we need to gear up for 2012 and ensure that state lawmakers elected in 2010 fully understand their constitutional obligations.

* Amend-to-Save. A clean sweep of Congress is not enough. There is now no escaping it – we need amend our Constitution to save it, or we will not have any Constitution left.

There is nothing new in this last proposal. Our fathers, grandfathers, and their predecessors all adopted constitutional amendments designed less to change the system than to preserve it. Again and again, the American people adopted formal amendments to rein in the politicians and restore or reinforce Founding principles.

Thus, the Ninth Amendment made clear that federal powers were not to be interpreted too expansively. The Tenth Amendment clarified that the central government had no authority other than that granted by the Constitution. The Eleventh reversed a Supreme Court opinion that conflicted with the dominant understanding of the ratifiers. The Twenty-First Amendment restored control over alcoholic beverages to the states, where the Founders had left it. The Twenty-Second Amendment restored the two-term presidential tradition set by Washington, Jefferson, and Madison. The Twenty-Seventh, although not finally adopted until 1992, had been proposed by James Madison and sent to the states by the First Congress. The Thirteenth, Fourteenth, and Fifteenth (the post-Civil War amendments) were more radical, but also principally fulfilled the ideals of the Founding.

Now we need a Twenty-Eight, Twenty-Ninth, and Thirtieth Amendment – not so much to change the Founders’ Constitution as to restore it. How? Congress will not reform itself. Fortunately, the Founders recognized that when Congress veered completely out of control, there had to be a way to amend without its consent. Hence, they wrote into the Constitution a procedure whereby two-thirds of the states could propose amendments, which would then be drafted by a convention, and approved only if three-quarters of the states ratified them.

We now have no choice: We are going to have to use that method. That’s why state legislative races are so important this year.

Rob Natelson is Professor of Constitutional Law at the University of Montana and a nationally-known expert on the American Founding. After a quarter of a century in academia, he is leaving this year to fight full-time for freedom at the Independence Institute in Golden, Colorado. His constitutional publications can be found at www.umt.edu/law/faculty/natelson.htm. The views expressed here are his own, not to be attributed to any organization or institution.

About Rob Natelson

In private life, Rob Natelson is a long-time conservative/free market activist, but professionally he is a constitutional scholar whose meticulous studies of the Constitution's original meaning have been published or cited by many top law journals. (See: www.constitution.i2i.org/about/.) Most recently, he co-authored The Origins of the Necessary and Proper Clause (Cambridge University Press) and The Original Constitution (Tenth Amendment Center). After a quarter of a century as Professor of Law at the University of Montana, he recently retired to work full time at Colorado's Independence Institute.

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33 comments
Susan Parker
Susan Parker

There are many excellent points that can be added to what I have said previously about the dangers of having a Constitutional Convention. Being that the CONGRESS would be the one to call a Constitutional Convention, it would be like having a professional criminal to be the security guard at a bank! We have all just witnessed how this congress conducted itself in jamming Obamacare down our throats! No, it would be absolutely insane to hire Pelosi and Company to rewrite the Constitution, or select delegates to a convention.

I mentioned previously that there are those who ignore the Constitution because they do not like the one we have now. They want to scrap the whole thing and write one that is more to their liking, similar to the soviet constitution, where they can dictate to us what restrictions we are to accept. NO THANKS!

I smell a rat when those who know better recommend that two thirds of the state legislatures apply for a Constitutional Convention to "fix" the Constitution, instead of recommending the Amendment Process for adjustments that can be made without putting the entire Constitution at risk. Let's not give permission to a corrupt congress to tamper with this document!

Sure, the Constitution is not perfect. We all know that. It was written by human beings just like we are, but it is the best we've got and we better hold on to it for dear life! We were very lucky, in 1787, to get the Constitution we have. It is an instruction manual to follow in order for us to protect ourselves from tyranny. If we know what the Constitution says, we will recognize what the federal government is doing wrong. When we are armed with the facts, we can then take the necessary steps to correct the situation we find ourselves in.

After Benjamin Franklin came out of the Constitutional Convention in 1787, he was approached by a woman who asked him, "Sir, What have you given us?" He answered, "A Republic Ma'am, ........if you can keep it!" Let's reacquaint ourselves with this document and the Founders writings, so we can keep our Republic!

James Hancock
James Hancock

People should really read the constitution and all of the works behind it. First there were two camps and they each got parts in. The second has won and designed.

Second, the framers did not have a coherent value system, thus the constitution is flawed as a result. It is not our savior. It is a good start to a proper constitution based on real human freedom, but as it is written now, it protects such limited freedoms to be comical when people claim that such and such is against the constitution.

And no, the 10th amendment doesn't protect us. Even if you could claim that something isn't under interstate commerce or that the current definition of "regulate" isn't what they meant, they would just use the welfare clause as their argument and then anything goes despite the 10th, because the 10th doesn't repeal the welfare clause.

And even if you could get them to strictly ad hear to the 9th and 10th amendment, then you have the states, and even the local governments that are more than happy to put a gun to the backs of their neighbors head to pay for whatever they think is a good idea.

This is only solved if we recognize the true meaning of freedom :You are free to do ANYTHING you want, NO MATTER WHAT, so long as you don't DIRECTLY PHYSICALLY HARM ANOTHER. This is a value in and of itself. Freedom isn't a side effect or a good thing when possible, it's an absolute. You do not live in a free society unless your right to do whatever you want as per above is upheld.

Further, if the product of your labor, both mentally and physically is not, without exception, your property for you to do as you see fit, then you are not free. Even if it's the government taking the money, you're still having your freedom stolen from you by the government. ALL trade MUST be voluntary without limitation including with the government.

Only when the constitution is amended to contain these protections will we truly be free, and will we truly be protected from our government.

MoT
MoT

I don't get it. The Constitution is the bastard child of elites who pent themselves up and secretly voted into being a creature their own legislatures didn't authorize them to create and we're somehow "bothered" that the vile spawn following in their forebears footsteps are not adhering to it? It is what it is because it was fundamentally and deliberately flawed from the beginning. The only saving grace was the Bill of Rights. And what's with all the calls for Congress to do the "right thing". Hahahahahah! (wiping tears of anguish from my eyes).... Seriously now. There is a time to put away childish things, and crack pipes, because that's pure fantasy talking. These bastards in DC know full damn well that all your squaking is but the mewling noises of peasants. Oh, it all sounds so glorious and high minded to babble to our collective navels, but they operate in a moral vacuum immune to the fantasy ravings about a long dead document. You want action? The States need to cut themselves off from the diseased Federal body once and for all and start anew. Forget resurrecting the corpse of what was or could have been because its long dead and gone.

Susan Parker
Susan Parker

Regarding a Constitutional Convention mentioned in this article are some comments I am going to make about the subject. Do we really want to give the power to write a new constitution to the very people who have been ignoring usurping, and trying to destroy the constitution that we have now? These people do not like the U.S. Constitution, and that is precisely why they disregard it most of the time. YES, the Founding fathers saw a possibility of a situation, where a need might arise for COMPLETELY SCRAPPING THE CONSTITUTION. But, that is NOT was has happened today in our situation! The only thing that happened is that there is now a CABAL OF WOULD BE TYRANTS, who are getting tired of OCCASIONALLY having to adhere to the Constitution. These WOULD BE TYRANTS would like to con enough ignorant people into letting them GET THEIR HANDS ON THE CONSTITUTION AND DESTROY IT, so they can usher in totalitarianism. The act of calling for a Constitutional Convention WILL BE PRESENTED AS PERMISSION OF THE PEOPLE. How cunning! THIS IS NOT A THEORY ABOUT THEIR PLANS! IT COMES FROM THEIR ACTUAL STATEMENTS - "REFORMING AMERICAN GOVERNMENT: THE BICENTENNIAL PAPERS OF THE COMMITTEE ON THE CONSTITUTIONAL SYSTEM (PAPERBACK ) - DONALD ROBINSON. In this book, those who want to destroy the American Constitution train their followers. This is must reading material, as we will discover just what their plans are so we can stop them in their tracks. Those offering a Convention as the solution to fix the Constitution is, like having a burglar who broke into your home, and told you what a nice gun you have, and then asks you if you would please let him clean it for you. For Heaven's sake do not fall for it! Let's not put the whole Constitution at risk for some amendments. Use the amendment process ONLY. I can't say that strongly enough! A car that needs to have the brakes fixed doesn't need to go to the junkyard. It's like saying your house needs to be burned down in the name of pest control.

Our problem had nothing to do WITH the Constitution. Our problem has to do with IGNORING the Constitution. Those ignoring the Constitution would like nothing better than to make their usurpation LEGAL, by throwing out the Constitution, at a Constitutional Convention. It was ILLEGAL usurpation that has enabled an "elite" class to hijack our nation. It is that "elite" class who wants to con unknowledgable people into destroying the Constitution. The Constitution is the BEST document for the protection of freedom that has EVER been written. All we have to do is stick to it. And fix things by repealing certain amendments and nullification at the State level.

THERE IS NO SUCH THING AS A CONSTITUTIONAL CONVENTION "TO RETURN POWER TO THE STATES! However, there is only ONE kind of Constitutional Convention, and that is one that can be convened to WRITE AN ENTIRELY NEW CONSTITUTION.

Let's look at our history. The last time we had a Constitutional Convention was in 1787. Let's see what occurred. When the Convention was convened, all this legislative body originally intended was to make SMALL changes in the Articles of Confederation. That is all. Well, guess what happened! They ended up breaking their own rules and voila! The U.S. Constitution we have now was created! We were extremely lucky THAT time, as those who were at the 1787 Constitutional Convention were leaders OF A FREEDOM MOVEMENT which had just DEFEATED A TYRANNY. Their thinking was completely OPPOSITE from those who want a Convention now! We were lucky that time, but we won't be the next time!

Robert
Robert

Susan is exactly correct!

Break it down:

DIAGRAM OF THE CON-CON CALL:

Step 1: On the application of the Legislatures of two thirds of the several States - to call a Convention

Step 2: The Congress...shall call a convention. There is no legal precedent that specifies when or where a convention is held, how delegates are selected, how they are compensated...etc.) Consequently, there is no certainty as to who the delegates would be. Congress is given a free hand to determine the method of selecting delegates.

Step 3: for proposing Amendments. No provision in Article V limits the Constitutional Convention with regard to the actual amendment(s) considered or proposed.

Step 4: which…shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress. Congress chooses the mode of ratification – or as in the case of the first Constitutional Convention in 1787, the delegates could change the mode of ratification.

James Hancock
James Hancock

The 1st amendment should read:

You are free to do whatever you wish so long as you don't physically harm another or their property without consent. No law shall be passed that prevents you from doing something in an attempt to preemptively stop the possibility that you are about to harm another or their property without consent.

The 2nd:

All taxes are completely voluntary. You may pay what you see fit into all governments without exception or reprisal for failure to pay. All funds voluntarily paid to the government shall be enumerated as to their use and specific program and may not be used for any other purpose. Amount paid per program will determine proportional right to use of said program.

Only when these are passed will we have a chance at freedom, because it doesn't matter if the states nullify, they'll run roughshod over our lives some other way, you're just changing the jurisdiction. I've seen this myself with my local town.

All taxation must be voluntary. It is only when we are free to speak with our dollars about what we think of government policy that we will truly have a free country. Just as everyone should be free to donate whatever they wish to the candidate of their choice, they should also be free to pay as much or as little to the services that the government wants to offer and be able to specify how their money will be spent on a line by line basis.

These go hand in hand and would guarantee the freedom of all Americans. And if your'e wondering if this would allow the country to be defended, do not: Wars don't start overnight, and people would respond to growing threats by donating more for the military. And given that this guarantees gun rights, we would also be able to largely defend ourselves if needed too.

James P. Harvey
James P. Harvey

A Constitutional Convention?
Surely, you jest!

In consideration of the present and ever worsening condition of the people of America – many of whom are intellectually unprepared to accept what's said in this letter let alone the ramifications of another constitutional convention -- let it be known that all who support this insane proposal must surely have nefarious intentions. Is that plain enough to establish my utmost opposition to this surreptitious political coup d’état?

Since Marilyn M. Barnewall said it best, let me quote this exceptional lady in an attempt to set the stage, and elucidate my position.
“Since human beings walked out of the cave, they have fought to either control their own destiny or sought the power to control the destiny of others. The “control my own destiny” group lacks the desire for power, and the “must have power” group lacks the discipline to use it wisely. Individualists who love personal freedom and accept responsibility for it know better. They become educated activists and leaders who use power wisely: for the people rather than against them.”
Only when a group of people rises up with an intellect equal to that of the founding fathers who wrote a document that kept Americans free for 250 years should a Constitutional Convention be considered. Only people with knowledge of the methods used to subjugate America, who have lived and acquired the wisdom of fifty years of experiential, productive maturity, and who have an in-depth understanding of Constitutional Law should be recruited to this group. No Kids Allowed – regardless of age – should be asked to undertake such a monumental task. Political experience is important to the process, but so too is economic understanding of the free enterprise system and how to run a business within it. The articulation skills needed to write a treatise on the necessity of clearly stated amendments understandable by the people and the Courts are required, and must be published before a Constitutional Convention is called.
Only when the above is accomplished and I am convinced there are in existence enough like-minded people in power to meet the three-quarters majority, will I lay down my opposition to a another Constitutional Convention.
In short, at this time in American history there are many outright scoundrels in Federal, State, County and City governments who have been indoctrinated in a school system (kindergarten through doctorate degrees) that teaches little about Common, Constitutional and Commercial Law – the three C’s of Citizenship. No intelligent person would ask a socialist, illiterate generation to rewrite a document created by a group of the most intelligent men who ever lived. I speak here of America’s Constitution as created by our founding fathers.
A Constitutional Congress at this time would put the most illiterate group of socialist moles ever privileged with citizenship in this Great Nation in charge of determining the fate of We, the People.
The current call for a Constitutional Convention is clearly a surreptitious attempt by those who would use linguistic gymnastics, confusion, fear, and frustration of the people to create a constitutional document which, in the end analysis, would enslave them.
When local efforts produce trustworthy State governments which communicate effectively with one another – and with the public – we will be capable of establishing a plan of action and producing trustworthy delegates. That plan of action should renew the people’s power over the federal government by States which treasure their own sovereignty. Then – and only then – should a Constitutional Convention be considered. Let us keep the horse in front of the wagon and prepare for freedom to prevail, rather than more tyranny.
James P. Harvey
Reply to: wethepeople@anationbeguiled.com

Madeleine
Madeleine

The problem I hav ewith this health car, and its a big one, is they are suing social security money to fund it, and they are taking 500 billion out of medicare to cut costs, both of these programs are paid into by us, its our money, it is not an entitlement unless you are Obama. This will leave senior citizens with out helath insurance and if social security is pent on this then what do seniors get, s now they have no health insurance and no social security , what do they do if they have a hoe that will be taken and they will wind up in a state home? Bad enough their medical witll be rationes, they will not be getting good care because they are not considered productive citizens. This is not the America I know and when you target one group and ruin their lives, this is unconstitutional. Mos tof the seniors are the people that build up this country that obama is tearing down. This really seems illegal to me.

Stay on Topic
Stay on Topic

I am convinced that it would be wise to ignore the obvious leftist plants that post comments on this website. Responding to them only distracts from the point, and it does not serve to further the discussion in any meaningful way. Very good examples of this are provided by the posts of Proud US Citizen. The remarks are devoid of reason or critical thought; so they should be ignored.
Instead of wasting time and effort on people that seek only to provoke an emotional response, it would be much better to respond solely to lucid questions and comments. By doing this, the forum will be better situated to understand the dilemmas we are faced with and formulate effective responses.

Proud US Citizen
Proud US Citizen

A non-partisan bill is not possible based on people that stick their heads in the sand and cry "unconstitutional" over any reform. Just remember how anti-medicare republicans were in the 1960's, and now it's one of their cornerstones. Republican's ability to not make a decision was their decision.

"Stay on Topic"'s remarks are very unconvincing. Keep sticking your head in the sand.

Digression
Digression

Clearly. I haven't been convinced to stay on topic.

Stan Richardson
Stan Richardson

Folks, I've read all these blogs and what I'm seeing here is the reason our country is in this trouble. When the founding fathers gave us free speech they presumed it would be used constructively not as a sounding board for a lot of immature ranting. We need to get together ,admit there's a problem and come up with a workable LEGAL plan. (non-partisan , all parties are so rapped up in promoting their own welfare and putting down their opponents that the blame falls equally on them.) Let's hear it for a FREE America. By the way, if I desire to help my fellow man it's my own choice, not to be ordered by gov't.

Proud US Citizen
Proud US Citizen

Rhetoric, rhetoric, rhetoric.... Guest, I don't care if you've served on the US Supreme Court. At least a judge from that court would have given a much better analytical opinion rather than sounding like a crying baby and name calling. Good grief. And you're argument that you have to be a lawyer with endless experience to make a comment is against the first amendment. Stop your propaganda.

If everyone is so hung up over this bill not being constitutional, you need to take a look at the way medicare, medicaid, social Security, and other social programs were formed. I'm hardly convinced by this "forum" that the health bill is unconstitutional. It passed in Congress, it will be signed by the president, and it IS constitutional. There's not much you can do about it until November during the elections. Yes, you can vote for the other guy, but it's a little too late.

A bunch of cry baby lawyers are not going to be able to overturn this, because if they do, why stop there? Let's take away Medicare/Medicaid, Social Security, states can't tell you to have car insurance, that's not directly written in the constitution. Good luck with that... Come on people, wake up.

Without the bill, we're getting in so much debt, that selling a state or two to the Chinese might be our only way out. Republicans had their chance to *reform* health care, instead, they didn't do anything.

Libertarian
Libertarian

Read the damn document. 10th amendment gives all rights not in the constitution to be reserved to the states and its people.

Sad you live here
Sad you live here

Since when does anyone with the Legislative or Executive Branch decide what is constitutional and what is not? And now its too late to do anything about it? Obviously you have zero understanding of our country. Maybe you should move away. Permanently.

theunknownamerican
theunknownamerican

Good point. Why stop there. We should strike those down as well for the same reason that they are a violation of the tenth amendment.

B. Johnson
B. Johnson

To Proud US Citizen: For the sake of argument, let's say that we should be required to buy health insurance like we are required to by car insurance. But what you are overlooking is the following.

Given that the federal Constitution is silent about things like cars, the 10th Amendment automatically reserves government power to regulate motor vehicles to the states, not the Oval Office and Congress. The same idea applies to healthcare. Given the Constitution's silence about public healthcare the 10th A. likewise reserves government power to regulate healthcare to the states, not the Oval Office and Congress.

In fact, consider that while state-run RomneyCare is constitutional, federal-run Obamacare is not.

So if the corrupt Democratic Congress had actually proposed a healthcare amendment to the Constitution to the states in compliance with Article V, and the states had ratified the amendment, then I wouldn't be making this post.

The bottom line is that healthcare per se is not the problem with Obamacare. The problem is that the Constitution-ignoring Democratic Congress is treasonously trampling the Constitution, basing Obamacare on constitutionally nonexistent federal government powers.

Proud US Citizen
Proud US Citizen

Uh um.... Preamble of the Constitution:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the GENERAL WELFARE, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

theunknownamerican
theunknownamerican

Since congress actually is the legislating body then we will have to consult what laws it can pass and they are listed in a completely different section of the constitution. The preamble is not a law or even defines any specific powers of the government.

Guest
Guest

Uh um, moron
I take it your argument is that the phrase 'general welfare' in the PREAMBLE allows Congress to do any damn thing it wants... Right?
That's it? That's the extent of your argument?
When you have successfully completed law school and graduated with honors and clerked for a federal judge and written hundreds of published legal opinions and law review articles and studied and lectured on the US Constitution in depth, THEN you can try your hand at Constitutional Law.
Until then, your Constitutional Law analysis is absolutely worthless and you are simply making an ass of yourself here for all to see.

Lowdog212
Lowdog212

I don't like being told what to do - PERIOD! I don't care if it's "Pick up that hundred dollr bill and put it in your pocket."

Proud US Citizen
Proud US Citizen

Question: Would you go a day without Health Insurance? NO! Is having health insurance beneficial to you? YES! Should you be required to buy Health Insurance? ABSOLUTELY! This is truly for your own good. Considering the number of bankruptcies that occur from somebody getting cancer or being denied coverage b/c the plan "felt" like it. Requiring everyone to have health insurance also brings down the cost of premiums. By spreading risk, you have the healthy people supporting the more sick people. This brings DOWN the cost of health insurance. Quit your complaining, this is a bill for the people!

So, professor with your nice university paid health insurance, go tell that to the college kid that won't play sports b/c he can't afford health insurance, or that family that gets laid off and can't afford health insurance and is denied coverage. Keeping the status quo would be the worse thing we could do. Last night was truly historic.

Michael Gardner
Michael Gardner

Who gets to decide what is for my own good? Obama? Congress? You? The constitution recognizes all peoples freedom of choice, not just Americans, and by taking it away or in your case giving it away, you embrace an idea that was exactly what our founders were trying to escape from. We should all have the choice to rise above our station in life to succeed or fail based on our own choices in life. Look through history, there are many people who were born paupers and became great by there own hard work. Just the same there people born with every privilege who were poor when they took their last breath. You take the name "Proud US Citizen," I beg you to study our history and the history of the world and you will see that if we continue down this path it will lead to utter ruin.

713
713

The govt has screwed up education the war on drugs 4 major wars. the roads in america. fda/ cdc took over drug market and food regulation heart disease and diabeties are on the rise drasticlly in america. The govt has fuck this country up enough. we did need HC changes but not a complete over haul. Any time we have tried to centralize any aspect of regulation it has failed not only for us but for any and all other nations who have tried. The listed examples above are known failures i can list more but i do believe you understand my current position on that. Either way i could be wrong but in the 1970s prices started to rise in the area of HC not due to lack of service but because insurance companies started to pay for us. When we quit paing for hc prises started to rise. The consumer didnt feel the direct impact right away but we are seeing the affects now.

CarolynG
CarolynG

We are expecting health insurance to be prepaid health care. Insurance is designed for major events, not every little thing that comes along. Imagine your homeowners or car insurance rates if it had to cover normal wear and tear?

And before you reply, my family pays for our health insurance out of our own pockets. We do not have employer provided care. We are middle income, and pay over 10% of our gross (gross, not net) for insurance. But insurance is to guard against big risks. So we pay it, just like we pay our car insurance, house insurance, and life insurance. That's what adults do. We set insurance as a priority, and budget around it.

CarolynG
CarolynG

There is no spreading the risk if people can pay $750 a year instead of buying health insurance and then wait until they are sick to sign up. It will not bring down the cost of premiums because private insurance companies who cannot cross state lines will be competing with the government. The government doesn't have to make money. They just increase taxes.

Considering how well the goverment has done with its cost projects over the years, I am highly doubtful that the numbers we are hearing have any basis in reality. There isn't even a bill (as Pelosi said, once it's passed, we'll find out what's in it) for the CBO to score! Health care reform is needed. A takeover is not. Tennessee, Massachusetts, Canada and many European countries are experiencing government provided healthcare. See how their budgets are doing!

@CommunityColor
@CommunityColor

To Proudly Ignornant,____I worked in the health insurance doing actuarial analsys. Insurance doesn't work. the math i systemically flawed. It is a ponzi scheme that puts our entire society's wealh at risk. Regardless of how one manipulates the equations, one gets haves and have nots.____Self-righteous based on ignorance and superstition is not justification for abandonning the freedom of our children. The Founders made it hard to pass laws because it is easy for the elite to mislead the people.____I am not an elite university professor. Most elite university professors are for health care. I am a self-employed person who was pushed out of the elite systems for questioning authority. PS: Projecting an image on your opponents is not an argument. Especially when the image is false.

Mary
Mary

The thing that worries me is that it may not be as easy as we think to vote them out this November. They are so corrupt and criminal that as long as we have electronic voting machines, I don't think our votes are going to count for anything. Why would they hesitate in tampering with the machines when they've shown their gross dishonesty and utter contempt by spitting in the face of their constituents.
I know it may seem a long way off but time flies and November will be upon us. We need to get rid of the electronic voting machines and make sure every poll is well monitored.

@yintercept
@yintercept

People fear a Constitutional Convention. I've Suggested that the "Constitutional Convention" be handled as a conference call or via a service like GoToMeeting. A Conference call could be directly overseen by state legislatures. Such a structure would guarantee the Constitutional Convention stayed focused on the issue at hand.

ref blog.yintercept.com

Jonathan D. Linscott
Jonathan D. Linscott

Ok, so how do we go to work on getting 37 states to create a Constitutional amendment, and which states do we target? I agree: we need to circumvent Washington to get this done...so let's organize this...what do we need to do?

@yintercept
@yintercept

You need 33 states to call a convention. That is he big hurdle.

The fear is that a Constitution Convention might over step its bounds. The solution here is to have the Convention held online under the watchful eyes of the state governors and legislatures. There is nothing in the Constitution barring the use of Internet technology in politics.

The goal of the Convention should be to create a mechanism that allows states to affirmatively assert their rights (and not health care, NCLB or other political issue).

The law might allow a state to veto any legislation if a majority of state legislatures vote to veto the legislation. The goal of the legislation is to counter balance the direct input states lost in federal politics with the 17th amendment.

The trick here is that an amendment that gave greater power to the state legislatures would be popular among the state legislatures that would ratify it ... making ratification fairly easy.

Once the amendment is in place, the state legislatures could then use it to challenge (or okay) parts of bills like health care, NCLB, or other laws that infringe on states rights.

So the hurdle is calling the convention. The biggest obstacle is fear of scope creep. Holding the convention online might help ease concerns about scope creep.

Jonathan D. Linscott
Jonathan D. Linscott

Which state will be the first to respond in a meaningful manner? While I appreciate the spirited efforts of Dan Itse, et. al., you can forget NH -- the governor there is a wet noodle and a non-entity when it comes to states rights, so even if something passes that Massachusetts-tainted legislature, he won't put any teeth into it. So which state is going to take the lead in a meaningful way with the 10th on this "historic" legislation, and make some history themselves? Arizona? What is your prediction?

I predict Arizona, the last continental state, will be the first one to NULLIFY this federal farce.

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  1. [...] Had Enough? If there were any doubt that our constitutional protection has been lost, that doubt should be removed by the congressional vote subjecting the personal health care decisions of every American to central governmental authority. [...]

  2. [...] Rob Natelson of the Tenth Amendment Center [...]

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  8. [...] Note: Rob Natelson posted an article entitled Had Enough? at the Tenth Amendment Center website. My friend James P. Harvey wrote this excellent response to [...]

  9. [...] Note: Rob Natelson posted an article entitled Had Enough? at the Tenth Amendment Center website. My friend James P. Harvey wrote this excellent response to [...]

  10. [...] of those defenses are being mounted in tandem, and quickly.  Other possible layers of defense include law suits by individual citizens and private organizations, non-compliance by medical [...]

  11. [...] of those defenses are being mounted in tandem, and quickly.  Other possible layers of defense include law suits by individual citizens and private organizations, non-compliance by medical [...]