CAN WE UNDO HEALTHCARE LEGISLATION IF PASSED? C. AUSTIN BURREL
November 19, 2009
Exclusive: Can We Undo Proposed Health Care Legislation If Passed?
C. Austin Burrell
I have been asked to address what, if anything, could be done if supporters of the current health care reform bill passed by the house and sent to the Senate should be voted into law.
If the results of the 2010 election don’t cure it, voters would have the right to challenge the new law on constitutional grounds, beginning with a specific challenge on the Enumeration Clause contained within the10th Amendment of the U.S. Constitution. This clause limits the Federal Government to actions specifically delegated to it by the Constitution, with all other rights falling under the jurisdiction of the States individually.
If it could be proved that the parties initiating and benefiting from such actions were to have or develop a personal financial interest from such legislation, one could speculate that the provisions of the U.S. Criminal Code would waive their individual immunity from prosecution, based on those parts of the CJS (Corpus Juris Secundum), specifically Sections 22, 22A and 46. Indeed, if it could be proved that these legislative actions intended to overthrow the political structure of the United States, said conduct would be said to be an act of sedition in that so many parties would have been involved so as to prove a conspiracy on a prima face basis.
Were our politicians to be faced with the threat of being painted with a dark brush, I believe that they would run from Government Elected Service. There is enough here to whet the appetite of any good constitutional lawyer/scholar.
The Senate is now about to submit the Reid version of the health care reform bill, provided that the necessary votes can be cobbled together. I hold out small hope that the needed foursome will block the bill, as they more than likely will be presented with a big enough pile of pork to break the back of a figurative camel in exchange for their votes. Maybe the most encouraging part of this legislative initiative is that, no matter what happens, liberals will own the result, lock, stock and barrel. They won’t be able to blame the absence of tort reform on anyone else, nor will they be able to blame anyone else for the failure of competitive reform on the existing health insurance carriers, who have been tarred with a brush that rightfully can only be blamed on legislative lawyers with no ethics (is that an oxymoron?), and themselves. How does an industry with a three percent profit margin on average not stand up to charges of excessive profit taking? Their lobbyists must surely be some of the most incompetent figures of their ilk in the history of the American political mechanism.
This initiative should be addressed by some organization like the Heritage Foundation, or other capable legal organization supporting the interpretation and adherence to the U.S. Constitution as a document written as our formers intended it to be. It was written on a foundation of thousands of years of prior government history all over the world, with a view that certain unalienable rights were due all men equally. This most certainly is not a socialist model by fact or interpretation.
As a nation, we now dance on edge of a precipice: one which has two sides, one being based on preservation of conservative Constitutional values, and the other being based on the moral relativism of the secular progressive line of thought. Health care reform must not be allowed to trample on individual rights with limited personal choices dictated by the Federal Government that intrude on the protection of individual rights that are the core of our system of Government and Law. If the individual does not speak up firmly and without vacillation, our system of Government is doomed, as is free market capitalism.
FamilySecurityMatters.org Contributing Editor C. Austin Burrell is a corporate finance generalist with over 30 years of Wall Street and related experience. He was a senior derivatives specialist and development stage company investment banker for more than 35 years on Wall Street.He is a 1968 Graduate of the U.S. Military Academy and a graduate of the Army’s Finance Officer Advanced Course.
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