The District Court in Virginia recently declared the Obama Administration's new health care law unconstitutional, a huge step towards restoring health care choice and freedom back into American society. This is relevant to all Americans by virtue of the fact that the premise of the law goes to the heart of fiscal responsibility and proper governance. Specifically, the notion that it is constitutional and appropriate to initiate force against American citizens in order to propel them to buy the products of a private company, if it can be proven that such action will save the citizenry money.
Why is such a premise unconstitutional?
A law that mandates citizens purchase anything is unconstitutional because nowhere in the founding documents of our country nor the amendments that followed has there ever been such a power granted to our government.
What about the Commerce Clause, the general welfare language, and the right given to government to lay and collect taxes in the Constitution? Does this not grant such power to the Federal government?
No. If such elements of the Constitution could be interpreted so broadly, what necessity would our founders see to having an elaborate and difficult process to amend the Constitution as that which existed then and still exists today? If the intent was to allow the government to wield power when such power was for the purpose of commerce, taxes, or the general welfare, then there would be no need to have an amendment process at all. Such an interpretation, without question, would include nearly every action government wished to take because nearly everything done in life involves commerce, taxes, and/or the general welfare. Obviously such an interpretation is spurious.
Why is the premise these laws are based also inappropriate?
The more important point regarding these laws, both locally and nationally, is the fact that they are not based upon the principles America was founded and therefore both inappropriate and un-American.
The Founding Fathers of the United States committed treason when they established our country. They justified their treason based upon the idea that all people are created equal, that their rights come from nature, and such rights are both self-evident and unalienable. This means there exist no single person or group of people for whom Americans must beg for their rights. Our rights are both oblivious and natural, and among them are the rights to life, liberty, and the pursuit of happiness.
The right to liberty implies citizens possess the right to make both good and bad choices. If a person chooses to not buy health insurance, no matter how stupid the decision, it is his or her right to do so. No matter how much money it saves the population and no matter what the likes of Congress or the Obama Administration believes.
Benjamin Franklin stated that those willing to give up liberty for security deserve neither. Franklin was equally correct then as today. Those who advocate for such health care laws as those that will soon be in existence nationally do not deserve the greatness this country has earned. And if enough people are willing to make this sacrifice, we will cease to earn any greatness at all.
Copyright © 2010 Objective Nation
This article is a compliment to other articles by this aruthor: