I may not believe everything in the new health care reform bill will make things better, but I do believe in the Constitution.
Since 1787, our country has been governed by the framework found in the Constitution. The law of the land has held us together, has given us guidelines to make laws by and has established the legal system that exists today.
After the passage of the health care bill, 14 states officially filed a lawsuit that challenges its constitutionality, and Gov. Haley Barbour has expressed his wishes to join the suit on Mississippi’s behalf.
Most of those pursuing the suit have stated the bill is unconstitutional because by 2014 it will require all citizens to have health care insurance or pay a tax.
Rob McKeena, Washington Attorney General who is joining the suit, said in a statement this federal mandate violates the Commerce Clause and the 10th Amendment of the U.S. Constitution.
There’s nothing wrong with questioning our laws’ constitutional validity because it keeps the federal government in check. However, I don’t believe McKeena and the other states’ attorney generals have a case.
Over the years, the Supreme Court has sided with the federal government and given it power over issues that are not directly mentioned in the Constitution, especially since the New Deal.
When the Necessary and Proper Clause &mdash which states Congress will have the power to make laws that are necessary and proper for carrying out Congress’s responsibilities &mdash is used with the Commerce Clause, it can arguably allow Congress to create laws dealing with any aspect of commerce.
The 10th Amendment states that the powers not given to the federal government, or prohibited to the states, are reserved to the states or people.
However, even though health care is not expressly mentioned as one of Congress’s powers, the Constitution can be interpreted so that reform is an implied power, falling under the Commerce Clause.
Precedent set by the Supreme Court and the flexibility of the interpretation of the Constitution makes it clear that the lawsuit is simply a waste of time and money.
Furthermore, John Adams set a precedent in 1798 when he signed into law an act which required privately employed sailors to purchase health care insurance. This is surprisingly similar to the part of the current reform that is receiving so much scrutiny.
It’s important to remember that while the Constitution is still relevant, the founders still had no idea how the country would evolve and the needs we would have 223 years later &mdash we now have equality among races, debates about gay marriage and a female speaker of the house. None of these things could have been imagined in 1787, much less written about.
This lawsuit is blatant, political pandering. I can’t help but think most of the state government leaders, like our own governor, simply want to protest the bill to gain popularity and support from citizens who also oppose the health care bill. In our current political and economic environment, time could be better spent trying to actually make the health care system work and finding new ways to improve the country by working together.
Everyone likes the idea of the Constitution’s democratic republic until their side loses. I, personally, don’t agree with everything in the health care reform but there are some benefits to the new system. And because I believe that it’s not only my opinion matters, and it’s really the men and women in Congress who make the decisions, I’m willing to give the bill a chance and hope it does solve some of our health care issues.
Instead of trying to twist the Constitution to get our way, we should try to make laws work for everyone’s benefit after they pass instead of sitting around, predicting doom. We aren’t a Christian nation. We aren’t an atheist nation. We aren’t a Republican nation. We aren’t a Democratic nation. The beauty of our nation is it isn’t run by one person or group, and we shouldn’t forget that in momentary disagreements.
Sometimes we won’t get our way because of how our government is framed. But instead of being stubborn and refusing to compromise or struggling in power play, we should work together for the common good.
Hannah Rogers is the entertainment editor of The Reflector. She can be contacted at [email protected].