The Liberal Lie, The Conservative Truth

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HISTORICAL QUOTE OF THE WEEK - "Always bear in mind that your own resolution to succeed is more important than any other." ABRAHAM LINCOLN

Tuesday, October 09, 2007

UNIVERSAL HEALTH CARE , A VIOLATION OF NINTH AND TENTH AMENDMENT ?

The Bill of Rights, the first Ten Amendments of the Constitution is the one section of our Constitution that details what we as citizens can expect from our freedoms in this country. Each Amendment outlines basic and fundamental rights that belong to every man, women and child in this country.

While the first Six Articles deal specifically with government constraints and responsibilities with the Seventh Article concerning the ratification process, the Bill of Rights specifically outlines how government must respect the rights of the citizens, the protection of our homes and property from government, the rights of citizens from governmental abuse of the law, and the final two amendments specifically state that anything not counted in or delegated to the powers of the Federal Government are reserved specifically for the States or the people.

AMENDMENT IX
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

AMENDMENT X
"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."

Then in consideration of what the Ninth and Tenth Amendment state, are the Democrat plans for Universal Health Care an actual violation of two of our fundamental rights as stated in our Constitution ? The right of the people against an all powerful Federal Government and the right of the people to decide for themselves what the government is NOT given power over by the Constitution.

Every plan that is being proposed by Democrats REQUIRES certain things of every citizens. One plan REQUIRES, mandatory preventative visits to the doctor. Another REQUIRES that proof of health care must be rendered before a citizen can be hired on a job. Every program REQUIRES that all citizens have some form of health care that is regulated by the government.

Additionally each program places several regulatory REQUIREMENTS on the health care industry itself which, at least for the moment is still under the private sector. For each of these proposed Democrat health care programs we as citizens are being told that we must relinquish regulatory control of an aspect of our personal life, namely health care , to the control of the Federal Government.

No one in this country, if any of the Democrat programs are implemented, will be able to choose whether they want to purchase health care from their own financial means or not and if those means are not available every citizen in that category will be REQUIRED to receive government health care. In reality though because of the regulations that will be placed on the health care industry even those who purchase , "private, " health care will be receiving a form of government controlled health care because of the massive constraints that will be regulated by government.

Nowhere in the powers of the Legislative Branch, (Article I), The Executive Branch, (Article II), or the Judicial Branch,( Article III), is the government given Constitutional power to control or regulate any program that controls, requires or demands anything from every citizen. Yet each Demcorat health care proposal controls, requires and demand government over sight and control of the the health care of each citizen.

The Ninth and Tenth Amendments were included by the Framers to state by Constitutional law that ANY government power that was NOT granted in the first Seven Articles of the Constitution belongs to the States or the people and NOT THE FEDERAL GOVERNMENT.

Universal Health Care will violate that protection that is found in the Ninth and Tenth Amendment because it takes away every citizens right to determine first whether to have health care insurance or not. Statitsics show that the majority of people that do not have health care have made a conscience decision to NOT purchase for various reasons but mostly because other aspects of their life are more important and/or they have the means to pay for any health care needed from their own financial means.

For those who do not have the means, the Democrat proposals violate the Ninth and Tenth Amendments because each of these citizens will not have any choice as to the type of coverage available since it will be a universally controlled and basic coverage provided by a government entitlement program.

Universal Health Care is a massive Federal Government control of an aspect of our lives and our rights that relinquishes certain freedoms to the control of government, violates contraints in the Constitution to prevent government control specifically stated in the Ninth and Tenth Amendments and will require massive funding that can ONLY come from the pockets of the people by increased taxation.

Ken Taylor

6 Comments:

Blogger Marie's Two Cents said...

Great Post Ken,

So basically Hillary's plan is Unconstitutional.

But also reading in the fist paragraph or two so is "Eminent Domain"

What the heck happened there?

If they can rule in favor of Eminent Domain, then what are they going to rule as far as Hillary Care?

12:25 PM, October 09, 2007  
Blogger The Liberal Lie The Conservative Truth said...

That is the question Marie, now of course the Eminent Domain questions did go before a pre-Roberst court.

Roberts and Alito are strict Originalists when it comes to the Constitution. The other problem would be , if the Dem programs are passed whether anyone will actually have the guts to make a Supreme Court challenge based on the abuse of government powers as stated in the Constitution.

3:22 PM, October 09, 2007  
Blogger Gayle said...

With what I've seen so far, the Democrats will stop at nothing, and that includes challenging the Supreme Court, Ken.

We both know that the very first thing Hitlery would do is push her socialized medicine program off on us and the second thing she would do is raise taxes. Or it might be the other way around. Either way, if she gets into the White House it will be disastrous, even if she only serves one term. Cleaning up after the mess she will leave will be worse than trying to clean up after her husband. *sigh* We must keep her out!

12:09 PM, October 10, 2007  
Anonymous D.S.Harford said...

It's not that unusual for a politician to buy the election.
Hillary started at $5000 then $1000
do I hear $500....going once...going twice...

10:46 AM, October 11, 2007  
Blogger - The Independent Libertarian said...

Though I basically agree with you, the conservatives have a certain problem with bringing in the 9th amendment to the argument. Conservatives generally disregard the 9th amendment as meaning that the people have any "certain" rights. Rush Limbaugh has repeatedly made this clear on his radio show.

There is no right to keep your own money or choose your own method of health care in the constitution. Any such rights would have to be construed as being "unenumerated" and conservatives have continuously railed against the court "finding" such rights in the constitution.

You can't have it both ways. Check out my blog - The Independent Libertarian - to understand more about where I am coming from on this.

3:18 PM, August 26, 2011  
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