PoliticalAction.com Blog

After much commotion, the White House is pushing for individuals to sign up for health care coverage. Many people are finding that they get reduced rates, a subsidy or even no-cost insurance.

“The bottom line is I’m going to need you, and the country needs you. And a lot of your friends and peers, they may not know that they need you, but if something happens somewhere down the road where they really need to get to a hospital or a doctor, the fact that you have talked to them and gotten them involved is going to make all the difference in the world.” — President Obama

By Jeffrey T. Kuhner
Washington Times
March 19, 2010

Impeach the president?
The ‘Slaughter Solution’ would violate the Constitution

The Democrats are assaulting the very pillars of our democracy. As the debate on Obamacare reaches the long, painful end, House Speaker Nancy Pelosi is confronting a political nightmare. She may not have the 216 votes necessary to pass the Senate’s health care bill in the House.

Hence, Mrs. Pelosi and her congressional Democratic allies are seriously considering using a procedural ruse to circumvent the traditional constitutional process. Led by Rep. Louise M. Slaughter, New York Democrat and chairman of the House Rules Committee, the new plan – called the “Slaughter Solution” – is not to pass the Senate version on an up-or-down vote. Rather, it is to have the House “deem” that the legislation was passed and then have members vote directly on a series of “sidecar” amendments to fix the things it does not like.

This would enable House Democrats to avoid going on the record voting for provisions in the Senate bill – the “Cornhusker Kickback,” the “Louisiana Purchase,” the tax on high-cost so-called “Cadillac” insurance plans – that are reviled by the public or labor-union bosses. If the reconciliation fixes pass, the House can send the Senate bill to President Obama for his signature without ever having had a formal up-or-down vote on the underlying legislation.

Many Democrats could claim they opposed the Senate bill while allowing it to pass. This would be an unprecedented violation of our democratic norms and procedures, established since the inception of the republic. Article 1, Section 7 of the Constitution stipulates that for any bill to become a law, it must pass both the House of Representatives and the Senate. That is, not be “deemed” to have passed, but actually be voted on with the support of the required majority. The bill must contain the exact same language in both chambers – and in the version signed by the president – to be a legitimate law.

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From the Congressional Budget Office Director

This morning the Obama Administration released a description of its health care proposal, and CBO has already received several requests to provide a cost estimate for that proposal. We had not previously received the proposal, and we have just begun the process of reviewing it?a process that will take some time, given the complexity of the issues involved. Although the proposal reflects many elements that were included in the health care bills passed by the House and the Senate last year, it modifies many of those elements and also includes new ones. Moreover, preparing a cost estimate requires very detailed specifications of numerous provisions, and the materials that were released this morning do not provide sufficient detail on all of the provisions. Therefore, CBO cannot provide a cost estimate for the proposal without additional detail, and, even if such detail were provided, analyzing the proposal would be a time-consuming process that could not be completed this week.

December 22, 2009 – WASHINGTON, D.C. – Today, U.S. Senators Jim DeMint (R-South Carolina) and John Ensign (R-Nevada), raised a Constitutional Point of Order on the Senate floor against the Democrat health care takeover bill on behalf of the Steering Committee, a caucus of conservative senators. The Senate will vote tomorrow on the bill’s constitutionality.

“I am incredibly concerned that the Democrats’ proposed individual mandate provision takes away too much freedom and choice from Americans across the country,” said Senator Ensign. “As an American, I felt the obligation to stand up for the individual freedom of every citizen to make their own decision on this issue. I don’t believe Congress has the legal authority to force this mandate on its citizens.”

“Forcing every American to purchase a product is absolutely inconsistent with our Constitution and the freedoms our Founding Fathers hoped to protect,” said Senator DeMint. “This is not at all like car insurance, you can choose not to drive but Americans will have no choice whether to buy government-approved insurance. This is nothing more than a bailout and takeover of insurance companies. We’re forcing Americans to buy insurance under penalty of law and then Washington bureaucrats will then dictate what these companies can sell to Americans. This is not liberty, it is tyranny of good intentions by elites in Washington who think they can plan our lives better than we can.”

Americans who fail to buy health insurance, according to the Democrats’ bill, would be subject to financial penalties. The senators believe the bill is unconstitutional because the insurance mandate is not authorized by any of the limited enumerated powers granted to the federal government. The individual mandate also likely violates the “takings” clause of the 5th Amendment.

The Democrats’ healthcare reform bill requires Americans to buy health insurance “whether or not they ever visit a doctor, get a prescription or have an operation.” If an American chooses not to buy health insurance coverage, they will face rapidly increasing taxes that will rise to $750 or 2% of their taxable income, whichever is greater.

The Congressional Budget Office once stated “A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States.”

A legal study by scholars at the nonpartisan Heritage Foundation concluded: “An individual mandate to enter into a contract with or buy a particular product from a private party, with tax penalties to enforce it, is unprecedented– not just in scope but in kind–and unconstitutional as a matter of first principles and under any reasonable reading of judicial precedents.”