An Amendment to Repeal Obama-Care & Prohibit Government Health Care

In response to the law commonly called “Obama-Care” and the recent decision regarding its Constitutionality by the US Supreme Court, the following is offered as a plank for the 2012 Platform of the Republican Party.  It boldly includes a call to amend to the US Constitution to not only repeal Obama-Care, but to prevent anything like it from happening again.

Health Care Freedom: Putting Americans First

The people of the United States overwhelmingly oppose government run healthcare as shown by their massive opposition to the Patient Protection and Affordable Care Act signed in 2010 (aka Obama-Care).  This is not the first time the Federal Government has attempted to take over health care.  Prior to Obama-Care there was an attempt to pass a similar law in 1993.  It was known as Hillary-Care, and luckily for our country then it was defeated in Congress.  We have not been so lucky this time.  Not only is Obama-Care the law of the land, but the US Supreme Court has just ruled it is constitutionally permissible to tax people for abstaining from an activity.  The people do not now want, nor have they ever wanted government run health care because there are much too many examples of failed government health care in the history of Socialism and Communism.  Government run health care is the antithesis of freedom and liberty and as such is fundamentally un-American.

Prior to Obama-Care there was wide agreement for the need to improve health insurance across the United States, but why is the current system so disliked?  Employer-provided health insurance came about in reaction to problems created by the Federal Government.  That is why it is so dysfunctional.  The Federal Government imposed wage controls and rationed goods during World War II, so employers expanded benefit packages to attract workers, including health insurance.  In 1943 the IRS ruled employer-based health care should be tax free.  In 1954 Congress made tax advantages even more attractive.  Government price controls and tax breaks caused our current system to become what it is.  Government price controls, tax breaks and the law against selling health insurance across State lines have contributed to the creation of the current dysfunctional system.  Government created the problem, and now Obama-Care has been imposed upon us as the solution, along with the expanded power to tax inactivity.  This is outrageous and absolutely intolerable!

Equally intolerable is the attempt by government to force anyone to violate their conscience or religious beliefs.  No health care professional or organization should ever be required to perform, provide for, or make a referral for a health care service against their conscience or religion, ever.  The shameful attempt by the Secretary Department of Health and Human Services to force Catholic organizations to provide contraceptive services in direct violation of their religious beliefs is only the beginning of the offenses to be expected if Obama-Care is not quickly repealed.

The Republican plan is to restore freedom to the private market for health insurance and medical care, and to restrain the government so the current situation is never brought back upon us or our children.  We call upon every Republican candidate for Congress and sitting Republicans in the Senate to support the following amendment to the US Constitution.  We expect elected Republicans to not only vote in favor of this amendment but to exhibit the leadership necessary to achieve the two-thirds majority required to send this amendment to the States for ratification.

An Amendment to the US Constitution to Change the Power to Regulate Commerce and Tax

Section 1

The Federal Government, including Congress, the Executive and Legislative branches and all the various agencies and institutions having received any charter from the Federal Government, is prohibited from providing, regulating, or otherwise interfering in the field of medical care for private citizens.   This prohibition is absolute.  The regulation of medical care is left to the People and to the States.  The Federal Government may provide medical services for its employees and members of the military.

The 9th and 10th articles of amendment to the US Constitution remain in full effect.  The language in this amendment shall not be construed to deny or disparage other rights retained by the people.

Section 2

The power to regulate Commerce among the several States in Article I, Section 8, Clause 3, is hereby revoked.  In order to keep Commerce regular, the Congress shall have Power

[1] To prevent States from restricting, hindering, preventing, licensing, or discouraging the free flow of people, money, services and property within and between the several States;

[2] To prevent States from imposing taxes, tariffs, fees or any other charges on the free flow of people, money, services and property within and between the several States;

[3] To establish penalties, remedies and judicial due process for resolving disputes when any State or Territory is accused of violating these restrictions.

The Federal Government, all States, and Territories of the Union are prohibited from forcing any person to purchase any item or service, or otherwise engaging in any activity against their will.  This prohibition applies to compulsion both by force of law and via the power to tax.  Taxing inactivity or using taxing power to penalize a person for abstaining from anything is absolutely forbidden to the Federal Government, and to every State and Territory of the United States.

Section 3

The Medicare and Medicaid programs established prior to the ratification of this amendment may remain in place but must be frozen in their existing form of law and regulation.  No expansion of these programs is authorized.  Upon ratification of this amendment no additional person is authorized to enroll in either of these programs.  Once all persons enrolled in these programs have either voluntarily withdrawn or passed away, these programs will cease and may not be reinstituted.  Congress may repeal the Medicare and or Medicaid anytime, but once repealed they shall not be restored nor shall any similar entitlement program be instituted.

Government activity to provide recommendations in the field of disease control and prevention is permitted in an advisory capacity.

Any and all laws passed on or after January 1, 2009 and prior to the ratification of this amendment, if they regulate or otherwise affect medical services, are repealed in their entirety.

 

Proposed by

  • Troy Christensen
  • Alternate Delegate from Texas to the Republican National Convention
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