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The Student Newspaper of Mississippi State University

The Reflector

The Student Newspaper of Mississippi State University

The Reflector

    Gov’t health care: unconstitutional

    In an Oct. 10 letter to the
    editor by Cody Jordan, the
    headline asked the following
    question: Why not nationalize
    health care? There are plenty of
    answers to this question.
    First of all, health care is not a
    civil right. It is the responsibility
    of the individual. Certainly, as I
    discussed in a previous article,
    there are bad laws on the books
    that make it nearly impossible
    for many individuals to take
    a portion of their paycheck
    and meet this responsibility. If
    the employer wishes to enter
    voluntary negotiations about
    health care cost with employees,
    then the agreement reached is
    between the individual employee
    and the employer
    Second, there is Article
    1 Section 8 of the U.S.
    Constitution. This spells out
    the specific powers of the
    national government. Running
    the nation’s health care industry
    isn’t among those listed powers.
    In fact, the U.S. Postal
    Service not withstanding, there
    is no direct authorization for
    our federal government to compete
    with private enterprise at
    any level.
    I believe the logic behind this
    is quite clear. If those who make
    the laws compete against private
    enterprises that provide comparable
    goods and services, then
    they may well make laws that
    give the lawmakers an unfair
    advantage.
    Some will argue that this is
    covered by the necessary and
    proper clause. The necessary
    and proper clause pertains
    only to the execution of the
    immediately preceding enumerated
    powers and those specifically
    stated elsewhere in the
    Constitution.
    Others will argue that the
    general welfare clause would
    cover this situation. I think the
    general welfare clause covers
    things that people need but
    may not ever use. Our interstate
    highway system would be
    among those things covered.
    Third, there is the concept of
    individual liberty that was the
    driving force behind the first 10
    amendments, collectively known
    as the Bill of Rights, being
    added to the Constitution.
    The fourth amendment, for
    example, reads: “The right of
    the people to be secure in their
    persons, houses, papers, and
    effects, against unreasonable
    searches and seizures, shall not
    be violated, and no Warrants
    shall issue, but upon probable
    cause, supported by Oath or
    affirmation, and particularly
    describing the place to be
    searched, and the persons or
    things to be seized.”
    I would certainly consider
    a person’s wages to be among
    personal effects. Considering
    the fact that our current tax
    system is, in part, based on
    personal wages leads to a number
    of questions to be asked
    and answered before health care
    is nationalized in this country.
    What about abortion? Is the
    federal government going to use
    my taxes to pay for something
    that I consider to be nothing
    more than legalized murder?
    If so, I’m going to scream
    unreasonable search and seizure
    all day long (Well, I’m doing
    that anyway. However, that’s a
    potential future column and I
    wish to stay on topic here).
    Fourth, like Jordan, I am also
    skeptical of the health care plans
    of both candidates. However,
    Sen. Barack Obama has an
    additional problem, and that is
    an issue of trust. I don’t believe
    Sen. Obama when he says,
    “Keep your current employerbased
    health care plan.”
    In conclusion, health care
    is not the job of the government.
    Nationalized health care
    goes against every concept and
    theory behind the Constitution
    and Bill of Rights. In fact, the
    Constitution and the Bill of
    Rights demand the government
    protect the rights and privileges
    of the individual from the tyranny
    of the majority.
    On that basis, a government
    takeover of our health
    care system can only be viewed
    as a transfer of power from
    individuals to government.
    Therefore, such a move must
    be denounced as morally bankrupt,
    and so much as a simple
    vote in support of such a measure
    considered a gross misuse
    and abuse of power. That in
    turn would be included on a list
    of things that would constitute
    other high crimes in Article 2
    Section 4, therefore rendering
    them subject to impeachment.
    That will never happen.
    Kerry Hunt is a parking services
    officer at Mississippi State. He can
    be contacted at [email protected].

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    Gov’t health care: unconstitutional