Monday, March 26, 2012

THE SUPREME COURT AND HEALTH CARE REFORM...

THE DEBATE IN THE SUPREME COURT WILL CENTER ON TWO PARTS OF THE CONSTITUTION...

THE 10TH AMENDMENT...AND THE COMMERCE CLAUSE...

THE 10TH AMENDMENT...IE ENUMERATED POWERS AND STATE POWER...IS THE WEAKER OF THE TWO PARTS... THE 10TH AMENDMENT HAS NOT BEEN FAVORED AGAINST THE COMMERCE CLAUSE HISTORICALLY...

THE 10TH AMENDMENT IS A THROWBACK TO THE STATES RIGHTS ERA...WHEREAS THE COMMERCE CLAUSE IS SEEN AS THE CLAUSE THAT MADE THE CURRENT AMERICAN ECONOMY...

THERE IS AN HISTORIC TREND TO GO WITH THE COMMERCE CLAUSE IN ALLOWING FEDERAL CONTROL OF THE NATIONAL ECONOMY...EXCEPT IN CASES WHERE THE BILL OF RIGHTS IS DEEMED MORE IMPORTANT...IE FREE SPEECH, ETC...

IN A FIGHT BETWEEN THE 10TH AMENDMENT AND THE COMMERCE CLAUSE... THE COMMERCE CLAUSE WILL WIN... UNLESS THERE IS SOME COMPELLING ARGUMENT THAT THE BILL OF RIGHTS IS BEING VIOLATED...

HEALTH CARE IS CLEARLY AN INTERSTATE COMMERCE ISSUE...ESPECIALLY CONSIDERING THAT THE US GOVERNMENT PAYS ABOUT 50% OF ALL HEALTH CARE COSTS IN THE US ECONOMY...SO TO SAY HEALTH CARE IS NOT IMPORTANT TO INTERSTATE COMMERCE IS ABSURD...

THERE IS AN ODD RESULT THAT COULD OCCUR IF THE COURT KNOCKS DOWN OBAMACARE...AND ROMNEY WINS THE ELECTION AS A RESULT... CONSIDER:

AT THAT POINT THE REPUBLICANS WILL BE SO DESPERATE FOR A QUICK FIX "HEALTH CARE PLAN"...THAT THEY MAY HAVE NO ALTERNATIVE EXCEPT TO GO FOR SINGLE PAYER...OR "MEDICARE FOR EVERYONE"... STRAIGHTAWAY...

THAT WOULD BE THE EASY WAY OUT...

SO CURIOUSLY...JUST AS ONLY NIXON COULD GO TO CHINA...

IT MAY BE THE REPUBLICANS THAT GIVE US SINGLE PAYER IN THE END...!!