Here's three reasons the recent Senate healthcare bill is unconstitutional:
1. There is no where the Constitution says the Federal Government has any jurisdiction on the matter of healthcare.
Amendment 10
The powers not delegated to the United States
by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively, or
to the people.
Unless the Constitution specifically gives the federal government authority, it’s up to the states. Period, end of story, that’s what the Law of the Land says in plain English.
But you use 'socialist’ roads, fire departments, etc.; what's the problem? Sorry... those things are the state and local business, and any federal involvement is very likely unconstitutional.
2. This bill also mandates that you buy something (health insurance) from another person. There's nothing in the Constitution that allows this.
If the government can require us to buy health insurance we are creating a precedent that the government can require us to buy whatever they want, at the benefit of anyone they want.
3. Another dirty section in this bill that is blatantly unconstitutional: The ‘sweet deals’ Democrats gave two states in exchange for votes. The federal government picks up the tab for certain expenses only for those two states.
Article One, Section Eight:
…all Duties, Imposts and Excises shall be
uniform throughout the United States;
Healthcare needs reform badly but settling for unconstitutional reform puts the country even further behind. Good intentions don’t make a bill Constitutional.
Good intentions will always be pleaded for any assumption of power. The Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters.
-Daniel Webster
There's sure to be alot more unconstitutional things about this bill, can you think of any more? It's real sad that the reform has turned out like this but that was to be expected; until we change the system, particularly Congress and our fiat money scam, there's no hope things will get better.























Comments: 323
The Constitution is just a worthless piece of paper to Congress and the republican vote was good but that's only because they are out of power at the moment. The incumbent's have shown their true colors and most all of them need pink slips.
What neither party seems or wants to understand is the Constitution limits them both. Both parties simply want the other guy limited, not them.
This kind of thinking will leave nothing but ashes of our liberties and Constitutionally protected rights.
There is quite a movement out there now about not paying taxes if this passes, besides the fact that each one of the idiots in Washington who is coming up to vote we will try to remove from office. We cannot allow this.
I don't see where that says it must go through the court system.
The whole bill is unconstitutional according to the 10th amendment.
This bill is not constitutional in over the vast majority, which means by the outlines of the Constituion, the Suprime Court has no duty but to send it back as Unconstitutional, and with an outline of why they deamed it, with what parts do fall under the Constitution. If that was done, likely only 2-3 pages would remain of the 2000+.
The Supreme Court can pick and choose what it wants to hear. So first to to get it on the list and then get one of the Judges to hear it.
SS?? You mean that socialist FDR program the GOP wanted in the stock market?? Imagine it Jeff: Dubya and the GOP circus had their way and put SS in the market and the market, deregulated under Bush, crashes. Wanna tell me ANY GOP would have been elected for ANYTHING for the next generation??. It is ironic that political incompetence and failure of the RW agenda is the only that has saved it from the chopping block. You guys really crack me up.
I can read the plain English of the Constitution and see that not only Obama but also most all of the Democrats and Republican incumbents are doing unconstitutional things very frequently.
If the President was a constitutional scholar, obviously he was a poor one. It takes little other than an ability to read to understand the basics and he plus the majority of Congress violate it every day. Funny how the document was designed for us all to understand but our political class and many of their supporters don't even read it.
The oath he and Congress take to defend the Constitution is a joke. None of them even pretend to acknowledge it.
The point is, though, knowing the Law of the Land well does not mean at all that you are going to obey it.
In Obama's case knowing the constitution is like knowing your enemy. Obama is no friend of the constitution.
What? The 10th amendment is part of the Bill of Rights!!!!
The first 10 Amendments are called the Bill of Rights for a reason. Marshal made his Federal supremacy argument regarding areas of Federal responsibility. He, like the rest of government at the time understood the clear limitations emplaced in the document. To say he stood for an unlimited Federal reach is preposterous-especially given the personal understanding/knowledge of the Founding Fathers at that time in our history.
Doctors and nurses will no longer have the right to work or not work as free people could choose to do. The demands on the 'free' health care system will become greater than the current system can handle. Doctors and nurses will become slaves to an ever more oppressive and powerful federal government.
Last I hear ... slavery is unconstitutional.
How about the large cable operators that are about to DROP all the FOX stations because they are want a bigger chunk of revenue. AACCKKK.....what will you do if you have to lose Fox or if you are forced to PAY more to keep it? Some customer loyalty there! Way to go FAUX!
It's good to be a nay-sayer to unconstitutional bills.
Good points Dale. But the most important change will involve the tax code; currently healthcare benefits are not taxed; this is wrong, and has led to an over utilization of insurance.
So, go ahead.
Make it worse.
Maybe we should of listen to leadership of the GOP. Sarah Pailin's 'Death Panel' lie really would of added to the debate.Or what about the early reliance on the Congressional Budget Office impact estimates by the GOP. Dem fixed the issues and now they just find yet another vehicle to get their way. Its no longer about what is right for the GOP its about making sure their rich backers do not have to pay higher taxes and are position to reap huge profits. This is why the GOP has not been part of the debate. They didn't want to be. Hope GOP voters take note in 2010. They are for the corporations paying for their bloated campaigns and multi-home budgets. Last thing GOP pundits are for is the people.
That the GOP is worried about some of its rich backers doesn't exactly mask the fact the Dems are worried about theirs does it? Of course the Dems are much better at sounding holier than thou in the BS line "it's for the people" while being at least as bad as their opponents.
Since this is my post I usually respond to every comment whether I agree or not.
Last thing GOP pundits are for is the people.
I'm afraid you are right when it comes to the average GOP incumbent. But the same also applies to the Dems.
But arguing the Constitution is generally a waste of time on Gather. Few, if any Dems care about it and many Repubs aren't much better
-- the feds have no jurisdiction over roads within a state (interestingly Hawaii has an interstate highway -- think about it)
you said, "the example of roads actually is supported by the Constitution (Art 1Sec 8)"
~~~
Good point Tessa, how funny it is for Hawaii to have interstate roads, lol.
http://www.foxnews.com/politics/2009/12/22/health-care-face-string-legal-challenges/
So while I will not name any specific states I will make it sound like quite a number by using the word 'alot' Great reporting Fox news. Use of generalized quotes makes for awesome coverage. Wonder if a lot will ultimately move forward as zero valid cases.
"Terri, you seem to be uninformed. Various sides of issues are presented. The two most vocal, one is an Independent and the other is a Liberationist. None that I'm aware of is your "socialist". ...
By your first sentence, you seem neither a law student nor an attorney or otherwise thoughtful reader of law and I'll not hold out for any analytical meticulousness on the details of our fine Constitution in light of your lack of such in these few sentences. Your third “sentence†is not a formal sentence and I’m uncertain of its meaning.
As for my comment to Marilyn (who claims to be concerned with losing Constitutional powers to socialism or its influence in this thread and others), my comment on the socialist owned FOX News is perfectly appropriate:
(a) The supposed “concern†here is for the CONSTITUTION.
(b) As I’ve said previously, the founders saw fit to Constitutionally protect exactly one free enterprise and that was the media because of its essential role in being a watchdog for government.
(c) Therefore, any news medium that falls into the hands of those who not only uphold a different and antagonistic form of government but who specifically oppose our form of government should be among your first concerns. FOX News, however, is not. (Read on for how FOX News, actually SUPPORTS Obama to your and others' amusing ignorance).
"Could you provide a name and documentation please."
Lovely of you to ask, Nora J A. Of course I can and had already done so on a previous thread. Again:
From page 38 of the biography, Murdoch, author William Shawcross writes:
“Rupert then turned to politics. Princess Elizabeth had recently succeeded her father, George VI. Rupert thought her first Christmas address both dull and arrogant, and wrote,
Murdoch is then said to have added an extraordinary postscript, written in magenta ink, reaffirming his loyalty to Lenin:
Your beloved FOX News is not only owned by a socialist, but owned by an OBAMA SUPPORTING socialist. I fear you've been fooled again. I'm afraid it's been known by many any business and for some time---particularly by some who were educated with his current wife Wendi, that Murdoch does not even like FOX News. He looks down on you. He thinks you are stupid. He thinks you are the most gullible demographic and sought to provide "news" cheaply to you because he knew the overhead could be low for the return on eyeballs (the content "quality" requires little research). What is absolutely amazing is how oblivious your constituency is to your primary insult and enemy, so blinded by hate for imaginary enemies and consumed with the programmatic food fight for the low intelligent as you are:
“During the Q&A, I pressed Murdoch---a new U.S. citizen---on whether he would actually vote for Obama in November. He said he was leaning toward it, but would know in the next six months. When I asked if I could call him, he said yes, then joked I could probably just figure it out from reading the Post.â€
Barack Obama's Unlikely Supporter: Rupert 'Fox News' Murdoch
One of many samples of evidence that Murdoch seeks to control media at a content level and, hence, control and influence government:
“Murdoch even nonchalantly owned up to influencing the New York Post to back Obama in the New York primary.â€
Barack Obama's Unlikely Supporter: Rupert 'Fox News' Murdoch
“The irony is that while Rupert Murdoch is preaching in the US against "neo-socialism" his media empire tends to hire nothing but "neo-socialists." His Australian flagship The Australian is unbelievably left-wing in its reporting; most of its journalists are thoroughly anti-market, anti-American, pro-green and deeply hostile to classical liberalism.“ A staunch conservative wrote.
Perhaps this is enough "documentation"---for now.
What has happened for a long time in the U.S. is the elaborate toying by privileged ruling class whites with the undereducated, rural and lower class white who mistakenly thinks her/his interests are aligned with those of the ruling class white, who are effortlessly distracted by the vitriol of programmatic hate, rants of "patriotism" and supposed "threats" thereto, and bigotry, so that privileged whites might go on unchallenged as usual, laughing as another author documented well, at the "Jesus-Christers" and other grossly ignorant consumers of political extemism.
By all appearances from this thread---with your "arguing" here confusedly with me or others rather than contributing your energy toward the overthrow of FOX, it's working fine as ever.
Shaken, or stirred.
But never just one, by itself.
Don't several of Obama's Czars profess admiration for such notable socialists as Chairman Moa and Carl Marx?
Fox News has no political power. The Obama Czars have quite a bit of political power.
Maybe what you are actually saying is that only those who share your world view should have a right to speak in public.
And I thought that liberals believed in freedom of speech. Guess not.
If we don't wake up and throw most of the incumbents of both parties it is hopeless.
My evil plan to spread the Luddite message on horseback is kaput!
If the federal government does not start to listen to the American people history might repeat itself.
Elections are where changes happen in a free society.
Societies where there is no change must keep their people in tight control to survive. Currently, that bastion on liberty and universal happiness in North Korea comes to mind.
"How did the question of Fox get in here? Who cares?"
The founding fathers care. That's why they addressed it in the Constitution as any serious student of Constitutional Law deeply understands. It [freedom of the press] is pretty much the dead center of the whole document--which is a bit related to the fact that it's missing in 100% of all non free societies.
Matthew M. Dec 26, 2009, 6:02pm EST
"I don't know Dale. I never mentioned Fox in my post."
And that would be the problem.
As for this unconstitutional bill, what I wonder is, what is it going to take, before we actually PHYSICALLY throw these scumbags out of our buildings, where they are doing nothing but destroying our nation, our sovereignty and our freedom?
I'm not really an OLD man, but I'm a veteran and I took an oath when I went into the Army. As far as I'm concerned, that oath was never taken from me, when I got out. Our congress, both houses, take a similar oath ... To defend the Constitution. I'm ready. Are any of you? Our own military is already preparing for civil unrest here. Do we wait until it's too late? Or do we pray that there are enough patriots in our military, to take control of an out of control government?
Things need serious thought ... and serious action. I'm afraid that waiting to vote these scum out of office, will be too late. They are already doing everything possible, to tick people off and do you see any of them sweating the future ...eg: losing their cush jobs? Nope. Not a one. Think about it. We need a third party to take control of both houses and damned soon.
And before you lable me a traitor, I think you had BEST learn some history from the founders of this country. Because, the facts are, that the 2nd Amendment was put in place, in case our government got out of hand, became a tyrannical form of government.
I'm a Vietnam veteran, asshole. I love my home and my homeland. Because I'm pissed at this stupid Democrat controlled communism, you dare to call me a traitor. You are a complete asshole and idiot. Take a flying F**k at the moon, you idiot.
If anyone stands in front of firing squads, it should be the traitors who are circumventing our constitution, for their own gain. Get a life you flippin' IDIOT. And don't ever contact me. You are probabaly more of a traitor than I could ever possibly be.
And yes, I do support our military taking control of the Capital, rather than becoming a part of a one world government and losing our sovereign status.
The last conservative meltdown in 1929 resulted in the regulations which led the nation to world wide power and prosperity. Yet, assholes like yourself, using your arguments even went so far as to incite military rebellion against FDR. Ever heard of Marine Corp Maj Gen Smedley Butler, dipshit? He was dual Medal of Honor winner and in the Depression era was America's best loved soldier. He was approached by the Duponts, Gerald McGuire, Prescott Bush, among others to lead a military revolt against the Government. He went along with their interest and being a Patriot, not a chickshit, he promptly testified to the The McCormack-Dickstein Committee on national security and blew the whistle. FDR, wisely knowing these nutless bastards were merely impotent traitors did a very Obama-like thing and let the publicity do its work. See then, as now, most Americans are not cowardly dipshits afraid of our functioning governmental system. Were it me, I would have hung the bastards out to dry. Imagine what a better world we would have today if Prescott Bush served time for treason?
If and when this nation is ever attacked or threatened by likes of you and those who believe as you, trust me, a national wrath unknown in our history will land on your chickenshit head. Goddam you flakes piss me off.
You need to uncover your head and let some light into your eyes and brain if you happen to find it!!
Dale fought for his life, his family and his Country and the freedom for you to run your stupid mouth, you should be grateful there are still some good men and women who will fight for you A**holes!! Have you ever done that? I am assuming the answer would be a big fat NO!
To call one of our honored Hero's/Veterans a chickenshit just seems to me like you really have lost one or more of the screws that holds your head on straight!!
It is people like you and obammy that makes me support our military taking our government, why would anyone want to be a one world government??
Your ruler (Duh-Bama) is NOT "our" king he is yours, I pray to God he does not make it the whole 4 years as your prez, or we will not have one thing, even our computers to complain on, we will have no rights what so ever at all if he is in for the full term!
No, Jackie, those who take arms against this government AND who have worn the uniform of the Armed forces have disgraced themselves and the nation as a whole. Ever REALLY look at the flag? 50 stars representing 50 state representing the people of those states and those who they elect to enact law. You people disgust me.
You do understand that is exactly what your messiah wants to do don't you? And you think this is ok? Boy are you one sick B*****D!!
Not sure why you think the armed forces have disgraced themselves and the nation...you idiot there would not be a free country if it had not been for our armed forces, you really are more ignorant than I thought you were.
Oh yes I have seen that flag many times it flies freely at our home, and has been draped over many family members caskets that fought for you to run your mouth, and those stars USED to stand for the people in those states but your asshole duh bamma is stealing that away piece by piece, and talk about disgust. If you want to live in a communistic country then you need to go where they are ...there are plenty of them, but leave our Counrty alone, we don't want to live that way!
I will weigh in on this. I pray to God that we can change this country peacefully as Glenn Beck put it. The tea parties and so on, they will grow and hopefully have an effect on things. Obama is taking us down the wrong path and as Lynyrd Skynyrd puts it in "God & Guns," "I don't want to live in that type of America." Well, I might be paraphrasing it a bit. After the turn of the new year, I plan on putting more time into that effort. I will fight against anybody who wants to take us down the socialist path and I will not give up. I prefer to use my brain and bytes to do this.
However, like anything else, there could be a time when force may be needed. That time isn't now but it is getting closer and closer if we keep on a current path. Governments should fear the people, not the other way around, with apologies to "V For Vendetta." They are supposed to work for us, not be our shepherd. Force was the result of governments ignoring the will of the people. Even the American Revolution was a part of that, long before bullets flew, there had been many peaceful attempts in the 1760's and early 1770's to get King George III and the Parliment to listen. Again, I hope it doesn't get that far, I just hope they get the message from us and quit pushing us around and into a corner. Animals do know if pushed into a corner, they will fight. A dog will fight, a cat will fight, a chicken will fight. Even a baby kitten or a day old baby chick will fight. That is the most dangerous time and when they keep doing what they are doing is Washington, they are getting closer of pushing us into that corner.
Jim Quinn from the "Quinn and Rose Show" said "the 2nd Amendment is the reset button to the Constitution," I agree with that, but it is there in case if all else, all other peaceful means are exhausted. I don't feel comfortable talking about this but we cannot ignore history either. Hopefully we will get a Thomas Jefferson instead of a Robespierre.
Sam, if this country is taken over within the next year by barry and his friends, and his agenda's keep getting more toward communism, if we are allowed and we meet again one year from today, I believe the changes you see, that you do not believe are bad or happening, I think you will be here saying the same things we are. You will be in the same shape the rest of us are by this take over, and yes it is a take over.
We have got to step back and admit that both parties, both Bush and Obama, have screwed us. Until we do so and stop defending these crooks the people will be divided against each other instead of the against powers that be who are working for their best interest and not ours.
Jackie, I'm like the "Ghost of Christmas Present" trying to show what possible future we could have if things do not change. I guess I'll leave it up to God and hope He gives me the wisdom, ability, knowhow and judgement to do what is needed when whatever happens. Our detractors ignore human nature and animal instinct. Come to think of it, they ignore things that will hurt their chances of survival, in that sense, my proverbial baby chick or kitten and other animals has a one up on them, they do have the will and sense to survive. I want to survive too and will do my best to protect myself, family, friends, country and way of life to the utmost.
There are plenty of reasons to write off Obama after about one year. He has continued the socialism for Wall Street, he's multiplied the reckless spending, he has reappointed the neocon Robert Gates, and Ben Bernanke, he increased the unconstitutional Afgan war, and his economic policies are like Bush's, which will cause another major financial crisis in the near future, likely in the form of a currency crisis.
If the government is wrong it is the duty of patriots to oppose that government.
In the case of this health care travesty the government is wrong.
I decided that continuing to attempt talking with a certain person, was like arguing with a pig. It's not only a waste of time, but annoys heck outta the pig, too. :-)
All the big regulations we've set up did not stop Bernie Madoff. They did not stop the recent financial crisis. Setting up another expensive set of regulations will not change anything for the better. The government needs to get out of the way and stop protecting Wall Street with all these unnecessary regulations. The free market will do a better job without discriminating against small business.
Seems that liberals hate ...
the big three auto manufacturers
WalMart
Any and All clothing manufacturers
Fast Food Chains
Dairy Farmers
Farmers who irrigate their crops
Fishermen who use deep sea nets
Oil Companies
Airlines
Drug Companies
All of these industries have been decried as evil creatures that you need the government to save you from.
With 10% unemployment... it would seem that the government is really saving us from the crime of having a good job. Don't you just love it!
The bailouts were a huge mistake and only makes us less secure. We have made ourselves more vulnerable by holding so much debt.
And then the first oil embargo happened. Shazam!!! These very large and very safe automobiles were too expensive to drive … with gasoline costing over fifty cents a gallon. Yes, I can remember going out of my way to find forty cent a gallon gasoline. Cheap, small and fuel efficient cars flooded into this country from Japan, Korea and Europe. Remember all the lame jokes on the Johnny Carson show about Lee Iacocca and the collapsing auto industry?
Environmentalist got into the act, insisting that all cars be equipped with catalytic converters. Unleaded gasoline became the only fuel allowed to be sold in this country. Didn't the price of gasoline rise to nearly a dollar a gallon when that happened? These changes were demanded by our ever so foresighted government.
Seat belt laws are now in place. Mandatory auto insurance is now in place. SUV, probably the safest passenger cars on the road today, are demonized for being gas hogs. How the worm has turned. Thirty years ago, the auto makers could not build a car big enough or strong enough to satisfy the demands of our government. Now, any car built to the safety standards of the early eighties is deemed to be a threat to the planet. Yet … somehow … auto companies that complied with ever changing government demands are the bad guys … …. …. And the government that cannot come up with consistent standards for the automobile industry to comply with is heroically saving you from a capricious and greedy industry.
If the government would just stay out of our business, cars in the United States might have remained competitive on the world market … and the auto industries might not have had to be bailed out in the first place.
I truly hope that none here on Gather are actually entertaining such a thing. No good could possably come from it.
DO NOT vote ANY of them Democrate or Republican or whatever they are back into office. Put ALL NEW faces and people in there ALL NEW no old incumbants and tell the new ones to bad if they passed a law that was unconstitutional the very fact it is unconstitutinal means IT IS lllegal in the first place and therefore NOT a law and can be over turned, thrown out and whiole at it round up the treasonist and do with them what the constitution tells us to do with any who commit treason period.
Unconstitutional laws can either be repealed, thrown out by the SCOTUS, or nullified by the states.
http://highdeductiblehealthplan.blogspot.com/
http://www.youtube.com/highdeductiblehealth
1) The constitution doesn't give the federal government any role in highway construction either, but you probably drove on a federally funded road.
2) States rights - states don't have "rights." Only people have "rights." See Civil Rights Act of 1964.
3) I cannot imagine ANY healthcare reform that would satisfy you and your ilk.
Point 2: Read the 10th amendment again. If you don't like it amend the Constitution. BTW it doesn't have to be called rights, the amendment actually calls them powers.
Point 3: There is actually, I don't like the current system; I will be posting about good reform probably next week.
Your health is and has always been the nation's business because the health of the citizenry is a nation's greatest economic asset. Period.
Therefore, it can no better be left to the market to work out as can the military. Your health must be in part regulated by the government because a nation's first duty is self defense and the population from which the military will be drawn must be sufficiently healthy which means that population’s health incorporates an involved governmental hand:
Hence, public health policy--water policy; mandatory vaccination requirements for public schools; USRDA nutritional standards for processed food; a health surveillance system in the CDC; the obstructionist agenda in the FDA, systematic food supply inspections; and even behavioral regulation via criminalization of certain negligent contagious disease infections like HIV that pits the weight and prosecutorial power of the state against a private individual who randomly and negligently denigrates the health of private citizens.
People complain about efforts in health reform and talk long and loud about “rights” and “morality” and “takings” and the constitution. I'm struck by how
(1) the health status they currently enjoy is already a product of a big governmental hand without whose efficiency in scope their health profiles would be more challenged. Evidence lies in parts of the world where economic aspirations are similar enough, but a smaller governmental hand is at play, for example, in Russia (whose government and taxes are far smaller than America's)---its far reduced life expectancies, rising infant mortality, contagious disease epidemics, underprepared first responder system, deficiency of potable water and ill stocked hospitals, wrathful as they are. Ours isn’t a perfect system and growing more inadequate by the hour (hence the need for reform) but we’re not suffering from plagues or famine or severe malnutrition that blinds us, marks a majority as anemic, cripples us or otherwise impairs our readiness to supply a large well trained defensive force either---at least not yet, diabetes trends as they are. An American on death row still receives better health care than many a free child in India or South Africa—paid with taxes of course.
(2)ironically, they often dislike government’s recent aims in health reform or government involvement generally, but they often feel entitled to the best care available. The best care available is all government care. The market would never produce a teaching hospital. It would never create Johns Hopkins. Johns Hopkins—Harvard, Yale New Haven, Brighams Womens, the Cleveland Clinic—all of these gems are by market standards, failures because they’re inefficient. Among a host of other things, the doctor-patient ratio is exceedingly high compared to their inferior non-teaching counterparts that the market would approve that don’t get government research grants.
If you want a libertarian existence, you need to find an unclaimed island somewhere and live on it. Defend it by yourself. Do your own agriculture, health care research, emergency services, epidemic control, transportation and have at it.
Yes--your health is the nation's business and your private doctor sends information to the state government which sends information to the federal government all the time on your health, as it should. Your birth, death and manner of death are all the state's business too.
Some mistake American “freedom” for some absolute personal privacy or control. It is not.
Your sickness is a threat to national security.
Almost all of healthcare deals with routine care and disease that is not a threat to national security. A cold, a broken leg, or bad breath are medical issues that are not a threat to national security, and therefore are private business.
People got sick even more often in the 1700 and 1800's when our Constitution was written. If sickness was a threat to national security then it would have been written into our constitution. There is no mention of healthcare in the Constitution; thus it is not something the Federal government has any authority to regulate. Individual states may get more involved in healthcare if they wish; that’s the beauty of the 10th amendment. If you don’t like your state’s handing of healthcare you can move to another while at the same time still living in the same free country under our Constitution .
health status they currently enjoy is already a product of a big governmental hand
Our current system is not all that great; it could be a lot better and cheaper, but it is not, thanks to government and big business.
The thing about Russia, they recently had a totalitarian communist state in which centralized planning devastated the country, and they still have not recovered nor have they taken any significant steps give their people the freedoms that they need to make their country prosperous. Russia is a good example of why big government cannot do the job right.
Our economic strength, which came from free markets, has enabled us to get such a healthy population. Big government and their big business buddies are taking us backwards.
“The best care available is all government care.”
Actually the opposite is true. A free market allows universities and teaching hospitals and charities to operate and flourish. They can even be funded by the states (if their constitutions allow and their people choose to do so). However, again, the Federal government has no business getting involved.
Our Constitution gave us a very libertarian federal government. It’s what let this nation grow to be the most prosperous one in history. Individual states can run some so-called ‘socialist programs’ if their residents desire, as long as they do not violate the Constitution. There are no new unclaimed chunks of land to set up another country like this so we are going to do what we can to restore it right here in the United States. Everyone will be better off with more personal and economic freedom.
Excellent teri a.!
I normally would have an understand heavily leaning Libertarian, but your above comment (in quotation) hits home with me. I became immediately cured of my years of Libertarianist ideology when I heard a televison opinion commentary refer to Somalia as (a Libertarians Paradise) ie, little to no government, plenty of guns, etc... The light suddenly came on, in my head (I saw the light) and I was suddenly embarrassed and ashamed of myself for having entertained these Libertarian ideas as a way to regularly run a civilized society on a regular basis.
How thoughtless I've been and I have the many Librals, here on Gather, who (thankfully) bother to post article and commentary for me to consider. I thank them for their efforts, thoughtful and reasoned debate, and patience(sp), long-sufferring, and the continuous free-flow of evidence, facts, and history they've provided.
I think I am finally "getting it", and can finally stop shooting myself in the foot as I struggle through life.
Count me as a newly awakened LIBRAL!
How is this possible? There is no more sizable chunks of unclaimed land to be found on earth. The pilgrims and other groups did this in the 16th and 17th century- and they helped found the greatest nation on earth.
"Good intentions will always be pleaded for any assumption of power. The Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters."
-Daniel Webster
Bears repeating over and over . . .
"Good intentions will always be pleaded for any assumption of power. The Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters."
The problem is that the power-seeking and wresting-away people who quote this over and over claim to have good intentions.
The Constitution would not need to be rewritten to make that change just amend it.
There's probably a different and better way to handle that problem but I have not spent enough time researching it to recommend a solution.
Income tax laws were used to put Al Capone out of business. They have been used ever since to force people to comply with idiotic federal mandates.
Any government that grants itself such far reaching powers will invariably abuse those powers as well as those on whom the powers are imposed.
The constitution is a limiting document, because those who wrote is have very good reasons to be skeptical of the 'good intentions' of a distant government.
Is Obama a socialist? You can call it socialism, fascism, statism, or what ever. Yes, Obama (and Bush and many others) act like socialists, most often in socialism for Wall Street.
But limited government will definately increase the power of corporations over their lives.
I would argue corporate power over our lives has increased along with the government.
Most people I know can't wait for the age of Medicare. My father was so happy with the coverage he got and to not have to hope he'd get decent coverage with his job.
Does this mean that if I want to be sure to get good health care in the future, I should move to France (where everyone must have insurance and their coverage has just been judged to be the best in the Western world?)
No matter who tackled this problem, the first, second, 20th solution were going to suck. That's why we should have started a long time ago solving this problem. If McCain or Bush, or anyone else was in Office now, we'd all be crabbing about the crappy job of overhauling our outdated health care system and hauling our asses out of this mess.
Why aren't we fixed already??? It's been a year already - geesh!
I never expect to participate in the programs. First, I won't qualify until the 2050's. Looking over our financial situation as well as the ten's of trillions in unfunded liabilities, tells me these programs won't even be around when I am old enough to use them. Any taxes I pay into the program will never get repaid to me.
Bush, McCain, or any other mainstream republican has no solution, and the same applies to the democrats. Our health care system is severely flawed and needs free market forces restored so that prices can come down to affordable levels. Corporate and government run health care have been a disaster.
I will be posting about good, Constitutional health care reform soon.
Thank you for commenting.
That's true, the big government philosophy has permeated even the Supreme Court. The court has not done a it's job for at least 70 years.
Our founding fathers would reject SS and Medicare as unconstitutional. It's simply not part of the federal government's purpose.
"Actually, Teri, we don't want to be masters over you or anyone. We want you to have the freedom to live your life as you please, so long as you don't violate the rights of others (burglary, as an example, is violating another's right to their property.)"
Matthew, are you completely serious?
This to me is the definition of aborted reason:
You're saying the government that purports the above can't be trusted. But people instead like you and/or those quoting over and over the "Good intentions" quote below, can be--because you guys are special. You guys would neeever abuse power, oh no. You have some special extraordinary respect and restraint capacity for it---it's all the other people who are the danger. And by the way the only "evidence" you present is your "word"---which all of us are suppose to simply trust. Meanwhile, a lowly government employee --Senator Ted Kennedy (for example)--- with whom you likely disagree on many things and whatever his faults: didn't accept a dime in salary from taxpayers while being a Senator; had every "reason" to abandon public life for a comfortable unscrutinized private one; put his life and his family's life on the line in public life on an hourly basis after burying not one but 2 brothers; advocated and legislated for poor people's health care and education and ability to buy a house---all of which he could personally afford indefinitely---somebody like him just doesn't have the track record of one with real good intentions like a Matthew M and his team. Oh no. You and your team are the ones who really mean it when you say "We want you to have the freedom to live your life as you please, so long as you don't violate the rights of others." And the evidence you offer for this? Words. "Trust me" is what you're saying. Just the claim that your intentions are good.
It's just a kind of delusional self-righteousness by my judgment.
You said "Amen" in support of this statement:
"Good intentions will always be pleaded for any assumption of power. The Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters."
I'll repeat myself: The problem is that the power-seeking and wresting-away people who quote this over and over claim to have good intentions.
Actually, Teri, we don't want to be masters over you or anyone
There's nothing special about me or those that think like me. We just believe each person should have the liberty to control his own life and do as he pleases so long as he does not violate the rights of others. Government's purpose is to protect against those violations, not to provide for us from cradle to grave. We need to elect leaders that understand this and are committed to doing just that. Bush, Obama, and the other mainstream politicians fail this test miserably.
I'm ignorant about it--but I know that today that is exactly what Russia is--a strong example in organized crime. You remind me of a quote a notable official there made: "Corruption is not a problem in Russia. Corruption is a system."
No, government's job and purpose is to provide for the governed from cradle to grave. If you don't have any citizens to define the thing you're governing, you don't even need government so you don't have a nation state. Hence, the first order of business is (1) a critical mass that's alive and HEALTHY; (2) the critical mass must make babies at some statistically satisfactory rate (this takes little talent and usually needs no "help" but for HEALTH CARE and NUTRITION and AGRICULTURE and R&D and EDUCATION which is actually a LOT of help), and (3) provide for the general defense of it all. You're dead in the water if you aren't doing any of those 3. Everything else is a detail. An elaborate detail but a detail.
The problem with your theory is that you're assuming what you're trying to prove. You're assuming that people and citizens exist FIRST, doing fine and in tact, and that they are (a) healthy, (b) functionally literate, (c) informally or formally educated, and (d) physically safe and secure, and that all those attributes spontaneously assemble in advance of government and that government then comes later and messes stuff up. You're assuming that those attributes exist without a previous organized power or effort that exactly mimicks our current government authority, even though in every village, city, island, nook and cranny where "culture" can be said to be for any period of time and these attributes exist, wherever there is language, their is government: there's a widely understood power distribution and code of conduct--whether you're a human a bird or an antelope--there's a chief; "elders"; matriarchs; a "statesman"; medicine men; a griot; a queen human/bee/ant; a culture that absolutely has an understanding about a power distribution. It might be written down and called a constitution, and it might be a system of unwritten ceremonies. The point about it is that it is known. That's just the anthropological reality. You can put any name on it you please--it's there.
And I have to say: something about this whole "argument" is very male. It's as if there's something offensive about the idea that you as a citizen of a nation state aren't equipped to take care of yourself as a member of a nation state on your own merit without governmental help and intervention--a lot of help. There's not a single bit of evidence to the contrary and yet this notion is nearly a religion for some.
Liberty is a gender neutral idea.
The Philosophy of Liberty
"Liberty is a gender neutral idea. "
Dominion over others is not. Females of no species tribalize, nationalize, segregate and kill each other systematically to achieve rank, mating rights, and control and domination of others.
"Almost all of healthcare deals with routine care and disease that is not a threat to national security. A cold, a broken leg, or bad breath are medical issues that are not a threat to national security, and therefore are private business."
Actually a lot of health benefit and hence care is in our fortified foods. The artificial addition of iron, vitamins and minerals---all governmentally derived nutritional standards (for the purpose of ensuring a militarily prepared individual profile in the general population) are not "private" or "market decisions" or outcomes. There is no such thing as health care that is cleanly without implication for a nation's military preparedness.
Again, you are assuming what you are trying to prove: this is the hazard of good BIG government. People take it for granted. You are assuming that someobody with "only" a broken leg didn't also have rickets or a vitamin B12 deficiency or hypoglycemia or diabetes. You're assuming they have a fundamentally "healthy" profile. Your assumption is false. You only need look at nations where government is small, drives no research and implements no public health policy to see the ravages of absent government.
"People got sick even more often in the 1700 and 1800's when our Constitution was written. If sickness was a threat to national security then it would have been written into our constitution. There is no mention of healthcare in the Constitution; thus it is not something the Federal government has any authority to regulate."
In 1700 nobody thought people were getting sick more than usual. They thought the higher (vs. today) infant mortality and deaths during childbirth and relatively short life expectancies were normal. However you want to imagine it away, Article 1 Section 8 of our Constitution states: "Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defenseand general Welfare of the United States.."
I ask you:
1. Do you think providing for the common defense means just passively passing out guns (NOT MEDICINE OR FOOD OR BOOKS ABOUT TECHNOLOGY) to anybody with a pulse who wants to enlist?
2. So if a bunch of diabetic legally blind one legged people get the mind to be the fighting force, but they're too unstable to run up a hill or operate a tank, or too far sighted to see or too insulin dependent to fight, do you think it means, government is supposed to lack all scrutiny of people's "PRIVATE BUSINESS" of being blind or lacking B6 and the totality of THEIR HEALTH?
3. Do you think we might ought to CHECK if a soldier has smallpox or its vaccination before enlisting?
4. Are you saying soldiers should be trained in bioterrorism and worry about the poisons of the enemy but our OWN GOVERNMENT can't worry about the HEALTH of the soldier WHEN THEY ENLIST?
5. I know Benjamin Franklin had a drinking problem and was likely drunk when he signed the Constitution but do you think he/the founders intended government to drop a curtain of ignorance about some supposed "PRIVATE BUSINESS" of one's health that could infect the ranks of a fighting force? Do you really think this?
More to the point, the framers couldn't "write" into the Constitution that soldiers-to-be should have MRIs or be prescribed eyeglasses for example, because MRIs weren't invented then. But do you think they assumed they could write every sentence for all time for a whole nation in all detail to cover every conceivable evolution of culture, and technology and time in its detail even though no other area of law---torts, contracts, criminal -- in any jurisdiction does this or pretends to for the range of even one generation, nevermind for a whole country for all time, or do you think they were intelligent enough to direct the document to broader principles which that they gave us credit for having the intelligence to know and choosing to work with it given the alternative of starting from scratch---because the document is famously short, and if they had wanted to confine us to specifics as you claim, they had plenty of paper and ink to do so and they chose not to.
Under any sovereign and solvent government, does any constitution by omission or codification vest in any citizen the right to have a contagious infectious disease like ebola and infect as many people at as high a rate as possible even accidentally-including those who would serve in government, emergency services and the military, without state intervention?
6. I ask you: is quarantine law unconstitutional? It's not mentioned in the Constitution.
"Individual states may get more involved in healthcare if they wish; that’s the beauty of the 10th amendment. If you don’t like your state’s handing of healthcare you can move to another while at the same time still living in the same free country under our Constitution ."
And by "move to another state" I assume you mean with the same wherewithall that those unnecessarily drowning folks in New Orleans should have simply "moved" in their expensive SUVs and driven to higher ground--perhaps to their winter estates up North---and just operated their businesses which they surely must have owned from simply a northern headquarters.
So anybody not rich must suffer and die from whatever poor health they are confined to by living in the wrong state. So people who live next to nuclear plants whose kids cough and faint, etc., these people just choose not to move to a better state---it has nothing to do with job availability or property or any of that--and by the way, the only house they can afford in the neighboring state is also next to a disaster of a bad corporate citizen, as these things tend not to be peculiar to one state. According to you, the government has no role in these people's lives.
"Our current system is not all that great; it could be a lot better and cheaper, but it is not, thanks to government and big business."
Wait-- which is it? Do you love markets but hate big business and the main thing that markets create? And do you fundamentally support antitrust law or not? I would think not. But then you don't seem to like big business so I would think so. I'm confused.
"The thing about Russia, they recently had a totalitarian communist state in which centralized planning devastated the country, and they still have not recovered nor have they taken any significant steps give their people the freedoms that they need to make their country prosperous. Russia is a good example of why big government cannot do the job right."
You're exactly wrong. Russia is actually faring worse now, significantly worse, by every metric, than it was before the collapse of Communism. Go down the list: infant mortality, life expectancy, education, healthcare, agriculture, national security, and jurispruduence. Secondly, Russia's status as a former communist regime is exactly why it should be the best example---not second best, but BEST example of what western styled democracy and free markets can make right. That's the point. It is not. If our medicine is so good and Russia is so sick, our medicine is exactly what should make Russia better. And absolutely no entity should be healed as quickly as a place exactly like Russia. Unless of course you're suggesting that freedom doesn't really work on the non-free.
"Our economic strength, which came from free markets, has enabled us to get such a healthy population. Big government and their big business buddies are taking us backwards."
"Free" markets? Which ones? Are you talking pre-industrial revolution? Are you subtracting out the wealth creation via involuntary servitude or is there a "correction factor" for that abject limitation on freedom in your libertarian model? When does your "freely accumulated" economic strength clock start exactly?
Why do you say you like businesses but that they are taking us backwards? When big business influences government they're doing exactly what their shareholders want and demand: creating value. So what's the problem with big business? Big business isn't breaking any law by influencing government . Don't you want them to benefit their shareholders? Is that what free markets are about?
"Actually the opposite is true. A free market allows universities and teaching hospitals and charities to operate and flourish. They can even be funded by the states (if their constitutions allow and their people choose to do so). However, again, the Federal government has no business getting involved."
I say you are swollen with some adolescently rosy and delusional theory of government for which, noncoincidentally, no example in human history exists:
If the markets supported teaching hospitals, then why in the history of American capitalism have they never created one? Where is the private Johns Hopkins?
"Our Constitution gave us a very libertarian federal government. It’s what let this nation grow to be the most prosperous one in history."
As of what date in history? Today? 100 years ago? During slavery? Before female suffrage? When are you talking about? And from what great previous prosperity in history have we now fallen? To what fine century, exactly (slave free and women voting, please) do you wish to return?
"Individual states can run some so-called ‘socialist programs’ if their residents desire, as long as they do not violate the Constitution. There are no new unclaimed chunks of land to set up another country like this so we are going to do what we can to restore it right here in the United States. Everyone will be better off with more personal and economic freedom."
Please name 3 things that you are prevented by the government from doing right now that cause no harm to anyone that you want to do personally or economically. Easier question--please name ONE thing.
Do you really think there would be no nutritional foods if the government was not involved?
the hazard of good BIG government … You're assuming they have a fundamentally "healthy" profile
I am, generally, because people in a free society take care of themselves and maintain their own health. It’ not like a government force is required to keep people healthy. It’s in our own best interest to be as healthy as possible.
They thought the higher (vs. today) infant mortality and deaths during childbirth and relatively short life expectancies were normal
It was normal, at that time. Since then, we have discovered new medical procedures and other things to greatly increase the average lifespan, and the markets delivered most all of that.
However you want to imagine it away, Article 1 Section 8 of our Constitution states… "provide for the common Defense and general Welfare of the United Statesâ€
Proponents of big government typically bring up the General Welfare clause to make unlimited government appear constitutional. What is the purpose of a constitution is one single phrase can be twisted to mean anything? James Madison, one of the primary authors of the Constitution, calls this thinking a “Misconstructionâ€, in Federalist Paper 41.
“Madison’s response to this constitutional construction (held by Latimer) is quite strong and literally satirical and cynical, actually mocking those who would even propose such an interpretation of the US Constitution. Madison expressly notes that the enumerated powers define the parameters of the “general welfare,†not the other way around…†-Quoted from this article.
Since you keep bringing up national defense, I’ll point out that medical checkups to determine if a soldier is fit to serve in the army is fine, it is constitutional, and it has nothing to do with the fact that your health is your private business. An army should be made of volunteers (no draft) and therefore those that enlist voluntarily submit themselves to some medical oversight by the military.
Under any sovereign and solvent government, does any constitution by omission or codification vest in any citizen the right to have a contagious infectious disease like ebola and infect as many people at as high a rate as possible even accidentally-including those who would serve in government, emergency services and the military, without state intervention?
A person doing that would be violating other’s rights and the government would have a responsibility to restrain them.
So anybody not rich must suffer and die from whatever poor health they are confined to by living in the wrong state
Think of it this way: instead of just part of the US population living in the wrong state, the entire country is, because of national policies, instead of state policies. That’s how it is now. That’s worse, right??? People can enact needed changes much more effectively at a state or local level than on a national level.
Wait-- which is it? Do you love markets but hate big business and the main thing that markets create? And do you fundamentally support antitrust law or not? I would think not. But then you don't seem to like big business so I would think so. I'm confused.
It sounds confusing until you consider the fact that big business is one of the biggest enemies of free market capitalism. Only through government intervention (subsides, bailouts, and regulations that choke out small business) can these big business continue to operate. They abuse this power just like governments do. Check out another post of mine here for more info.
Russia is actually faring worse now, significantly worse, by every metric, than it was before the collapse of Communism
I never said they were better off now. I said †they still have not recovered nor have they taken any significant steps give their people the freedoms that they need to make their country prosperousâ€
"Free" markets? Which ones?
A free market would have no subsidies or bailouts. Regulation would be done by the market not the government. In such an environment innovation and productivity is rewarded. Competition provides the incentive to lower costs and increase quality. Everyone benefits from this, not just those with the most money.
Why do you say you like businesses but that they are taking us backwards?
Big businesses in the US today typically do take us backwards from the free market because they don’t want to endure the regulations of the market. Again, I refer you to this article.
? Where is the private Johns Hopkins?
I looked through the Wikipedia page on Johns Hopkins University. It is a private university, and was founded “by educational pioneersâ€, not the government!!!
As of what date in history?
When the Constitution was ratified, a libertarian federal government was the result. Politicians have strayed far off course since then. I would say the civil war was one of the first big turning points.
And from what great previous prosperity in history have we now fallen?
We have begun to fall but in a few years you will see a currency crisis which will wipe out our economic strength. The cost of our big government is about to hit home.
Please name 3 things that you are prevented by the government from doing right now that cause no harm to anyone that you want to do personally or economically.
-I can’t buy medical insurance across state lines or from other countries.
-Seat belt laws. I don’t need a nanny state to tell me to put one on. If I don’t want to wear one I should be able to take that risk, it won’t harm others, only myself. (BTW, I always wear a seat belt)
-In 14 states, a fish pedicure is illegal. (Not saying I’m interested in one, lol)
-A restaurant is prevented in many states from allowing customers to smoke. That should be the business’s decision not the governments.
"It is the liberals who weep and moan about those who have the NERVE to achieve the American Dream. They are the ones who seem outraged when someone achieves prosperity by virtue of their own efforts."
Let me understand:
So its poor, ragged, "liberals" who are jealous of others' prosperity?
That would mean the reliably blue states of CALIFORNIA and NEW YORK, among the highest net worth having/Silicon Valley-billionaire-creating/high standardized-test scoring/best university and public university system-containing/mult-faceted industry-supporting/prime job and affluence promoting states, among other of the union's blue and fine wealth-creating ones---
THESE "MISERABLE LIBERALS" are JEALOUS of the highly accomplished coal miners in West Virgina and tobacco farmers in Alabama and all the bountiful success of their red state brethren.
Priceless.
It was about a man and his followers who claimed income taxes wer unconstitutional.
Forgot how many years he got. Felt sorry for his followers who were led astray.
But that does not relate to this post.
"I looked through the Wikipedia page on Johns Hopkins University. It is a private university, and was founded “by educational pioneersâ€, not the government!!!"
“Johns Hopkins (May 19, 1795 – December 24, 1873) was a wealthy entrepreneur, philanthropist, and abolitionist of 19th century Baltimore, now most noted for his philanthropic creation of the institutions that bear his name, namely the Johns Hopkins Hospital, the Johns Hopkins University and its associated divisions, in particular the schools of nursing, medicine, and public health.â€
Philanthropy, Matthew. Philanthropy. Also known as non-capital markets financing. Johns Hopkins has neither privatized operations nor ownership. But let’s talk government: Why is Johns Hopkins, Johns Hopkins? Because it receives NIH grants, awards and contracts---more than every single hospital in America that does research. You’re debating something that has never been a debate anywhere.
Johns Hopkins breakthroughs: you're welcome to compare these to any capital markets financed hospital you choose and present it here. It's easy to do.
US News & World Report magazine has ranked the Johns Hopkins Hospital as the #1 hospital for the past 19 consecutive years. For the 13th consecutive year, Johns Hopkins earned more grants, awards and contracts from NIH than any of the other 122 U.S. medical schools that received them.
Best hospital list. Note that every one is a teaching NON-PRIVATIZED hospital.
"Do you really think there would be no nutritional foods if the government was not involved?"
It matters not what I think. It’s an established historical fact:
“In the 17th and 18th centuries rickets was quite prevalent in the New England Colonies, just as it had been in the European countries from which the settlers had come.†---The American Journal of Clinical Nutrition, Vol. 20, No. II, November, 1967, PP I234-1241.
“Nutritional deficiencies have been recorded since ancient times. Unfortunately, they were not always defined as nutritional deficiencies, and were often regarded as resulting from other factors, such as poor hygiene and lack of exercise. Ignorance often caused the imagination to run wild, and as a result things like witchcraft, spontaneous generation, bad "humors" and irate gods have throughout history often been determined as the causes of these diseases. Quackery and mysticism reigned supreme …â€---The history of rickets, scurvy and other nutritional deficiencies
“The nutrient level in military food—whether offered in military dining halls or packaged in military operational rations—is guided by the joint Tri-Services Regulation, AR 40-25 (1985). This regulation includes nutritional allowances and standards for active military personnel (the Military Recommended Dietary Allowances [MRDAs]), nutrient standards for operational and restricted rations (for example, survival rations), military menu guidance, and a chapter on nutrition education. The MRDAs are based on the Recommended Dietary Allowances (RDAs) developed by the FNB to provide for the basic nutritional needs of all healthy Americans (NRC, 1989b).“ ---Committee on Military Nutrition Research: Activity Report 1994-1999 (1999)
“Although the composition of the committee [The Committee on Military Nutrition Research] changes through a 3-year rotation policy, the disciplines represented have consistently included human nutrition, nutritional biochemistry, performance physiology, immunology, food science, and psychology.†Committee on Military Nutrition Research: Activity Report 1994-1999 (1999), Page 3. This alone suggests a broad and advanced range of academic disciplines that inform the Department of Defense about nutrition and how that department apparently disagrees with you that such “knowledge†is to be assumed on the part of anyone, let alone everyone. The alternative is that you, Matthew, are in fact wiser than the full Department of Defense and all of the researchers who ever have advised it---including the Nobel prize scientists whose vaccines and works have informed it.
"I am, generally [“assuming they have a fundamentally "healthy" profileâ€], because people in a free society take care of themselves and maintain their own health. It’ not like a government force is required to keep people healthy. It’s in our own best interest to be as healthy as possible."
“People in a free society†simply "maintain their own health" do they---I assume you mean they do it independent of healthcare access,  income, socioeconomic status or educational levels?  You are again assuming what you are trying to prove. You have been proven wrong by longstanding research exactly like the Socio-economic factors associated with the iron intake of preschoolers in the United States, many a U.S. Surgeon General report like Socioeconomic Status and Selected
Behavioral Determinants as Risk Factors for Dental Caries, many an Institute of Medicine report, many a USRDA report , many a CDC report and many a World Health Organization report.
Indeed, whole institutions like RAND's Bing Center for Health Economics exist to address nothing but health status and its most direct driver, socioeconomic status, also known as economics.
But this is an aside.
My direct rebuttal is this:
If "people in a free society take care of themselves and maintain their own health" (and again, I won't even ask how they do this "maintenance" outside of an economic and educational equation which your statement takes for granted as falsely being entirely undifferentiated across demographics and history) how do you explain the following:
“It was normal, at that time. Since then, we have discovered new medical procedures and other things to greatly increase the average lifespan, and the markets delivered most all of that. “
“Most†would be at least 51%. Please cite the source supporting this claim. Please do not assert quantitative statements as fact without substantiating them with credible peer-reviewed cross verifiable evidence. It's graffiti otherwise. Please note you should not include any medical research conducted outside of capital markets financed operations. That means no polio vaccine, no Johns Hopkins, Duke, Harvard, Stanford, U. C. San Francisco, Yale, U. Penn., Cleveland Clinic, Mayo Clinic, or any such entity. That is the definition of market based. All of the entities above were either founded directly by government---like Harvard and Yale---or receive their overwhelming operational budgets for all major research from it.
Public health from effective water treatment facilities, fortified foods, and vaccination programs is a key difference between the US and countries where people customarily suffer or die from malaria, denge fever, river blindness and diarrhea. None of these are beyond the knowledge of high school science.
What are you speaking of? Are you saying more research happens in a corporate R&D environment than happens in a non corporate laboratory that lacks shareholders?
"Proponents of big government typically bring up the General Welfare clause to make unlimited government appear constitutional. What is the purpose of a constitution is one single phrase can be twisted to mean anything? James Madison, one of the primary authors of the Constitution, calls this thinking a “Misconstructionâ€, in Federalist Paper 41."
Sounds like stock reply of libertarian ideologues’ cut-and-paste from a feeder stock blog. I'm not a “proponent†of any particular governmental size. That’s the point: you are, and I’m not. I have no interest whatsoever in the size of any government anywhere at any time. My eye checks for a working governnment, not for the empty metric of sheer governmental size.
Moreover, government size isn’t fixed anyway. It changes over the course of a country’s circumstances no matter the regime structure, as it should.
“Madison’s response to this constitutional construction (held by Latimer) is quite strong and literally satirical and cynical, actually mocking those who would even propose such an interpretation of the US Constitution. Madison expressly notes that the enumerated powers define the parameters of the “general welfare,†not the other way around…†-Quoted from thisarticle.
Madison is off-topic, and this smells of more Constitutional confusion masquerading as authoritative analytics. I’m not concerned with the general welfare language of Article I---I don’t need it. It’s overkill. The Constitution’s language on provision for the common defense is more than sufficient for my argument. I specifically asked you for your interpretaton of “provide for the common defense†to which you didn’t respond among many questions to which you didn't respond, all of which are thoroughly undermining to your premises. For example, the question of whether quarantine law—not mentioned in the Constitution, and therefore by your reasoning elsewhere, which cannot be Constitutional---is in fact unconstitutional. I don’t expect you to answer this.
"Since you keep bringing up national defense, I’ll point out that medical checkups to determine if a soldier is fit to serve in the army is fine, it is constitutional, and it has nothing to do with the fact that your health is your private business. "
I wasn’t "bringing up" national defense; I was talking about it outright.  It was my topic. You wrongly thought I was talking about “general welfare†perhaps because it's the issue for which you have stock libertarian replies stored up. I’m not stock. Authentic good faith informed discussions aren't stock.
How can your health be both your private business---just like your religion---plus be demanded to be disclosed by a governmental body at the point of enlistment? This statement is a prima facie contradiction. Just because you say something is completely private and public at the same time with a straight face does not make it coherent.
"I can’t buy medical insurance across state lines or from other countries.
-Seat belt laws. I don’t need a nanny state to tell me to put one on. If I don’t want to wear one I should be able to take that risk, it won’t harm others, only myself. (BTW, I always wear a seat belt)"
This is the deep confusion of the Libertarian:
Seatbelt law came FROM PRIVATE INDUSTRY. It came from YOUR BELOVED FREE MARKETS. Including your beloved INSURANCE INDUSTRY--the same people you want controlling healthcare. The Supreme Court whose conservative-celebrated justices are politically aligned more with you and libertarians than with me, just gave these businesses even more power to influence government---exactly like that which gave you the seatbelt law. In addition, this practice has direct implications for public health.
"In 14 states, a fish pedicure is illegal. (Not saying I’m interested in one, lol)
-A restaurant is prevented in many states from allowing customers to smoke. That should be the business’s decision not the governments.
The question is, do you believe in PUBLIC HEALTH. If not then your entire libertarian construct--which would pit countries who have it against those who don't-- is DOA, as those who don't, would never maintain a capacity for self defense that matches that of any enemy country that did. They will be comparatively far too sickly.
"An army should be made of volunteers (no draft) and therefore those that enlist voluntarily submit themselves to some medical oversight by the military."
But those who “volunteer†to reside within a nationstate rather than finding, occupying, settling and defending their own private island, as you do, do NOT volunteer to be subjected to that nationstate’s “medical oversightâ€, vaccination programs or health and contagious disease surveillance systems.  You retain perfect unmitigated “freedom†like a jungle man on his private island, but with all the bountiful accoutrements of civilized compromised society provided at no personal cost or even mild inconvenience to you.
"It sounds confusing until you consider the fact that big business is one of the biggest enemies of free market capitalism. Only through government intervention (subsides, bailouts, and regulations that choke out small business) can these big business continue to operate."
So you’re saying:
You don't believe in credit. Flat out. That's a subsidy. Here's how great the market works, by the way: student loans are highly successful investments for the markets but they won't fund them. So the government does. What's wrong with the smart market in that case? On the other hand, markets had a Enron in a buy status right up through its collapse. Do you want your country to compete with China and India which invest in their population's education via subsidies and whose students outperform ours at every level--our famed MIT and Harvard are the "fall back" engineering schools for India's less competitive IIT. I suppose you object to any education that isn't market financed.
You like small business so long as it doesn’t have too much share value growth, i.e., SUCCESS and become a big business, apparently. Is that when the evil happens? What’s the magic metric? Stock over $50? Top line? Bottom line? Employee count? What? Was Microsoft ever a small business? So something is innately evil about a big company? Walmart, Google and Microsoft have subsidies to mostly thank for their success?
"A person doing that would be violating other’s rights and the government would have a responsibility to restrain them."
But just not in the form of a Civil War I take it. Now you're concerned with other people's rights. But you said that the 13th Amendment abolishing slavery was the beginning of America's great fall from libertarian grace. According to you slavery had nothing to do with anybody's rights except the slaveholders. It was presumably part of the preferred glory society days when we had some libertarian government to which you wish to return over our current fallen status. It’s much more direct to stand up and say, “The U.S. Constitution be damned for its evil 13th Ammendment interfering with a “state’s right†to pedophilia, mass systematized gang rape, murder and inservitude, which should be decided not by federal law (as if a more urgent thing than personal physical freedom should be the attention of any federal law) but by the genetic lottery of being born looking like the rapists and killers, vs. the enslaved. I’m a farce. I don’t believe in freedom anywhere except for me personally, in my Spiderman underpants personally, and how I personally feel really really good personally when I personally have it. All others be damned.â€
I think you have contradicted every "point" you have set out to make or have assumed. I don't know that you believe in anything except your unmitigated "freedom" to do whatever you choose with the full subsidy of the entire population at large and with zero personal expense---and if it fails, you expect the subsidizing world to clean you up. And compensate you for the privilege. It's all I can see here.
Philanthropy is not anti-free markets; it is expenditure of money acquired, in Hopkins case, from running his own businesses. Thanks to the free market he was able to build up the wealth which enabled him to found the hospital.
Correlation does not imply causation – you are assuming that the recent growth of government involvement in the food sector over the past 200 or so years has caused the improved nutritional quality of the food the average person eats.
“People in a free society†simply "maintain their own health" do they---I assume you mean they do it independent of healthcare access, income, socioeconomic status or educational levels?
Now that’s just silly. Voluntary mutual exchanges are part of a free society. In a free society there are incomes, healthcare facilities, education, etc.
I’ll come back with brief responses to the rest of your comment later :-)
You are not informed. You evidence no understanding of economics, markets or capital financing, and you dwell in a finite and sadly, shallow world of imaginary expertise and insight that you simply lack by all evidence here.
You cannot overcome this by recycling your own fabricated ideas in the conveniently unchallenged confine of your own mind, by feeding on the opinionsphere and reading blogs or self-selected links, or looking up some "definitions" in real time and thinking you can construct some argument. Your ignorance on this topic and its foundational underpinnings is deep, glaring, broad, holistic and fundamental.
You won't find me replying to you beyond this. May the record show that I attempted a discussion of these topics, fortified generously with the benefit of my own formally acquired and exercised knowledge base. I could reply to you in any manner of scholarly detail but your rigid romanticism with the idea of having ideas shall be indifferent to it all. Your ignorance is of a marrow deep kind the likes of which I have never encountered anywhere on the entirety of the internet. Moreover, your incapacity to even have awareness of this ignorance--let alone motivation for its rectification--is a liability for which your own life may have the due burden of answering.
People who know what I know won't entertain you on these topics as I have. They will smile. They will be happy to leave you in ignorance and leave you be, because you won't be a threat to them. However successful you are at convincing yourself that you "know" in a vast area where you clearly do not, and however many romantic self-indulgent "articles" or Gather submissions you make---however clever you imagine them to be---none of it will matter to the larger informed and competitive world.
If I wasn't a doctor and I had interest in neurology and I encountered a Harvard trained pediatric neurosurgeon online who specialized in temporal lobe epilepsy---an area of the brain in which I had an interest---I wouldn't fight her, Matthew. My radar would work well enough and I would be sophisticated enough to (a) recognize that she held expertise, (b) recognize the relative limitation of my own knowledge base, (c) be actually humbled and thankful that she took the time to engage me at all, let alone in repeated or scholarly detail and (d) pull up a chair, take notes and learn all that I could, perhaps even establish a relationship with selfish intellectual dividends for me personally.
That's how you use the internet, when you're really clever. You sir, lack any such sophistication.
Buena Sera
Clearly we hold vastly different political philosophies and subscribe to different economic schools of thought. I welcome comments from everyone, but the great detail you have gone into on subjects unrelated to the original post requires more investment of time than my schedule permits.
I do not sit around and make stuff up; most of my posts present ideas of other well trained people such as you, but who have a different view on life.
And lastly, I will address this assumption you make:
I don't know that you believe in anything except your unmitigated "freedom" to do whatever you choose with the full subsidy of the entire population at large and with zero personal expense---and if it fails, you expect the subsidizing world to clean you up. And compensate you for the privilege.
With freedom comes responsibility. I do not have a right to be subsidized by anyone. No bailout. And no where did I say that I expect the rest of society to pick up the ball when I drop it.
Best Regards
Thanks again. You do help me sift through and separate the wheat from the chaffe, in my decision making.
I have only been actively involved in politics for a few years, and at the time this article was written I was pretty uninformed, though on the right track. I still have a long ways to go.
I’d like to particularly thank the ardent and witty statist of this thread, teri a., for her part in steering me towards more intelligent discussion. Frankly I was embarrassed at the way I handled the responses and now see how I could have done much better. I eventually resolved to never repeat that mistake.
Despite this I can see she didn’t bother to respond to some of the solid points I did make. She didn’t bother to identify herself as someone my “radar” needed to pick up and had trouble staying on topic. It’s probably good she’s not on talking terms with me, as we’d waste many hours without accomplishing much, I’m sure. Her intellectual level could only be matched by Steve Bachman. That’d be a debate to watch.
A lot has changed for the better in the past year. See the difference here.
Unfortunately the courts are not infallible, and there is a good chance they will not separate fact from fiction, as they have done so many times before. Case in point, look at Wickard v. Filburn, the SCOTUS decided to expand the commerce clause far beyond what the Constitution meant.
Hoping that federal courts will do a good job limiting federal power is vain since the federal courts are part of the federal government.