Health Reform and the Tenth Amendment

by Frank DeMartini

HR 3200, the so-called health reform bill, in my opinion, is one of the worst pieces of legislation ever to be considered by Congress.  It, not only, would lead us down the path of socialism but, in the process, would bankrupt the entire country.  I am very happy to see that citizens are showing up at town hall meetings throughout the country and voicing their complaints about the bill and health care reform in general.  It is actually quite funny watching Congressmen squirm when the tough questions are asked.  And, it is even more interesting when they cannot respond to the tough questions because they have not read the bill or are even familiar with its contents. 

I suggest you continue going to the town hall meetings and voice your concerns.  And, do not be afraid to get angry.  The Democrat and Republican Congressmen must know they will not be reelected if HR 3200 passes as it is currently written.  But, please, do not get violent.  Violence at these meetings will do nothing except make the opposition look weak and dumb, and hurt the path of democracy.  Violence at these meetings is similar to me being called a racist this week because I stated on a public forum that HR 3200 should not pay for medical services for illegal immigrants.  Remember the protest ways of Mahatma Gandhi and Martin Luther King.

The attendance at the town halls is working!  Within the past twenty-four hours, a few Senate and House Members, including one Democrat, stated they will not pass a bill with the current language regarding even the possibility of the so called death panels.  Keep up the good work America!  The people are winning! 

The power of the people brings to mind the Tenth Amendment to the United States Constitution which is very short, but is also one of the most controversial sections of the document.  There are many people who believe that it is the primary cause of the Civil War: i.e. did the states, not the Federal Government have the right to determine whether to be slave or free?  Ronald Reagan believed in the amendment more than anything else, as did Thomas Jefferson.  It simply states in its entirety:  “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.” 

There are many people that feel that the Constitution was already clear on this issue and that the Tenth Amendment is actually a redundancy.  However, the Supreme Court has, within the last 25 years, actually used the Tenth Amendment as a rationale in deciding a few cases.  See, e.g. New York v. United States, 505 U.S. 144 (1992), and Garcia v. San Antonio Metropolitan Transit Authority (1985).  Prior to these cases, the rationale used exclusively by the Supreme Court for limiting States’ rights was the Commerce Clause of the Constitution which is very simple on its face.  Article 1, Section 8, Clause 3 of the Constitution states:  “[The Congress shall have power] to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”  This simple phrase as interpreted by the Supreme Court has given Congress the authority to slowly strip away powers granted to the States specifically in the Constitution and through the Tenth Amendment.  In its most simplistic form, the Supreme Court has determined that everything legislated by Congress has some effect on Interstate Commerce and therefore, is within the power of the Federal Government.  Maybe, the Supreme Court is now changing its analysis?

So, will power come back to the States or the people in the future?  If Ron Paul had been elected President, the answer would have definitely been yes.  In fact, we would be looking at the end of the Federal Reserve too which is probably a good thing.  But, unfortunately the answer is currently “no”.  President Obama, through his executive powers and the use of Congress, is turning the Federal Government into the ultimate power.  Health Care is just one example. 

Any normal interpretation of the Tenth Amendment would imply that health care and its regulation should be a power reserved to the states and/or the people.  This is also the case with marriage and other personal issues.  However, by the power of the Commerce Clause, the Federal Government will be able to regulate it unless the Supreme Court radically changes precedent. 

I wonder why no one is bringing up the Tenth Amendment at these town hall meetings.  Maybe, people should start arguing it while they are mentioning the other problems with HR 3200.  Give the power back to the people in deciding personal issues, including, but not limited to health care.

A few closing thoughts.  In the last week, my favorite target, Nancy Pelosi, put her foot in her mouth again.  How dare she say that citizens protesting HR 3200 are un-American.  If anything, she is being un-American for making that statement.  Remember, freedom of speech and assembly is a right in this country.  I suggest Her Arrogance, Ms. Pelosi, read the Constitution before she opens her mouth in the future.  We already know she is not going to read HR 3200 even though she allegedly drafted it.  The least she can do is read the Constitution.  In fact, it should be a requirement that all Congressmen have a copy of that little document in their pocket 24 hours a day.  It is good reference material, especially when they’re thinking of violating it.

Lastly, I would like to state that one of the main proponents of the HR 3200 is Joe Sestak from Pennsylvania.  For all of my readers in his district and surrounding districts in Pennsylvania, let him know his job is on the line.  This man is thinking of running against Arlen Specter and has delusions of even greater power.  I have seen him speak.  He is a true liberal and must be stopped in the same way Nancy Pelosi and her other cronies must be stopped by voting them out of office.

On the economy, do not let the President’s propaganda machine fool you, this recession is definitely not over.  In fact, it appears that we are in the first deflationary spiral in this country since the Great Depression.  Based upon the CPI announcement this morning, consumer prices have fallen 2.1% over the past twelve months.  The last time that happened was 1950.  And, it has not happened this extensively since the Great Depression.  And, I do not know if it has ever happened at a time when the government is printing so much paper money.  If we were not printing paper money, how low would prices have fallen; ten percent, twenty percent or more?

Last week, I failed to mention that the Jekyll Island book about the Federal Reserve which I recommended was referred to me by my good friend Robert Spaeth.  It is also recommended reading by Ron Paul.  Again, check it out.

In closing, I would like to repeat.  Keep up the good work at the town hall meetings.  Let us destroy HR 3200 and hopefully, the Senate will be able to write a true bipartisan health care reform bill.  It is the only chance we have as the Senate might try to stop the Democratic onslaught in the House. 

©2009 by Frank T. DeMartini.  Permission to copy will be freely given upon request.


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Posted Aug 17th 2009 at 8:49 am in Politics | 86 Comments