Feb 1, 2011


Health care is another one of my favorite political topics, second only to public education. For as complicated as those subjects seem to be, I feel my opinion is rather simple: the government needs to leave me alone and let me make my own decisions, even if I make the wrong choice. 

My sister posted this article and I was rather impressed by it. A judge who understands what the limits of power are! The debate, for me, is not about if health care reform is good or bad, it's about if the government has the Constitutional authority to oversee it. And it(they) do not. 

These are some excerpts from the article. I just love how the judge displays his sarcasm with the bit about broccoli. 

Never before has Congress required that everyone buy a product from a private company (essentially for life) just for being alive and residing in the United States.[FN14]
 [FN14]… Here, people have no choice but to buy insurance or be penalized. And their freedom is actually more restricted as they do not even have a choice as to the minimum level or type of insurance to buy because Congress established the floor. A single twenty-year old man or woman who only needs and wants major medical or catastrophic coverage, for example, is precluded from buying such a policy under the Act. (38)
Congress could require that people buy and consume broccoli at regular intervals, not only because the required purchases will positively impact interstate commerce, but also because people who eat healthier tend to be healthier, and are thus more productive and put less of a strain on the health care system.

Regardless of how laudable its attempts may have been to accomplish these goals in passing the Act, Congress must operate within the bounds established by the Constitution. Again, this case is not about whether the Act is wise or unwise legislation. It is about the Constitutional role of the federal government. (75-76)
[FN 30]  On this point, it should be emphasized that while the individual mandate was clearly “necessary and essential” to the Act as drafted, it is not “necessary and essential” to health care reform in general. It is undisputed that there are various other (Constitutional) ways to accomplish what Congress wanted to do. (76)

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