Controversy
has surrounded Obama's healthcare plan from the time it was first
proposed. Although it may be months or
even years (especially since certain elements will not even go into force until
2014) before we know completely how this bill will touch families, two results
that will greatly impact families have nothing to do with healthcare at all.
The first
is the justification the U.S. Supreme Court used to legalize the government's
ability to force its citizens to purchase a particular product or service. The Court declared that requiring people to
purchase insurance was equivalent to the government's constitutional ability to
impose taxes. As a result, the Court has
now opened a floodgate that allows Congress (and state legislative bodies) to
require U.S. citizens to purchase any good or service.
But you
say, "This is different. Everyone needs
health insurance." How can anyone
disagree with that? I was thrilled when
one of my daughter's recently obtained a full-time job that included health
insurance as a benefit. Not having
insurance can be very costly for a family.
However, most people I know that do not have insurance cannot afford to
purchase it on their own. My mom used to
help my dad with both his construction business and farming, but she also had a
full-time job at a nearby retail store.
Why the retail job, too? Because
they could not afford to purchase health insurance on their own. So, during that window of a few years between
my dad losing his job with a large construction company, which provided health
insurance, (that closed completely down when the owners decided to retire) and my
mom landing a job with insurance, my parents would have been considered
lawbreakers under this provision of the Obama healthcare law. Isn't it ironic that in the past a person may
have been tempted to break the law if he didn't have the money to purchase an
item, but now a person who needs health insurance and can't afford it will
break the law without choosing to break the law?
Even so, I
have strayed. Regardless of the reason
for Congress to require a person to purchase something, they can now do
it. They do not need a compelling
reason. A politician can say, "I
won't raise taxes" but can still take money from your pocket by making you
buy something. I find this a dangerous
development.
Another
aspect of passing this legislation that I find dangerous is the fact that most
people (including minority leader Nancy Pelosi) who voted for this legislation
had not read it completely before making it into law. Shouldn't you read a contract, even the fine
print, before signing it? Shouldn't
creating a law for the land require as much diligence? Unlike some pessimists, I do not believe all
politicians are corrupt, power-hungry people.
On the other hand, I do expect them to take their positions of authority
seriously and to be prudent and diligent in their trusted duties. I do not consider following the crowd and
peer pressure to vote for a particular law as being responsible. If this law is that wonderful, then it
deserved the full and careful attention of its supporters, even if it meant taking
the time to show America its value rather than rushing it through before anyone
could truly know what it said. I trust
my representatives to carefully fulfill their responsibilities but blind trust
is a dangerous characteristic.
For example,
former Dixon Comptroller Rita Crundwell from Morris, IL, stands accused of
embezzling more than $53 million. Even if she is found not guilty, anyone can
do a simple internet search for "embezzlement" and find numerous
cases of "trusted" people who took advantage of other people. The problem of blind trust does not plague just
the government. A local business
suffered greatly when an employee embezzled a large amount of cash. Unlike employees, most government
representatives take an oath to faithfully uphold their offices and to fulfill
the duties of those offices. I feel as
betrayed by a representative passing a law without reading it as I feel about a
person embezzling public funds. Trust is
difficult to rebuild.
How can I
trust politicians who pass into law words they have not read or who criminalize
a person's inability to purchase health insurance or who have created
themselves yet another way to "tax" their constituents without
honestly calling it a tax? Despite the
healthcare results we are about to experience for the better or worse, the
trust that has been broken between government representatives and those they
represent touches family more deeply than the law itself.
Addendum:
Curious
about the taxing authority found in the Constitution? With a quick review of the U.S. Constitution,
I found the following parts. I do not
promise this is a complete list of tax-related sections, but in case you do not
have a copy of the Constitution handy, this might satisfy your curiosity.
Article I Section 8 states:
"The Congress shall have power to lay and
collect taxes, duties, imposts, and excises, to pay the Debts and provide for
the common Defense and general Welfare of the United States; but all duties,
imposts, and excises shall be uniform throughout the United States." (modern spelling and punctuation applied)
Congress
clearly has the right to tax its people, but there is large area of debate as
to the limits of that power. For
example, most of the debts of the U.S. at that time were a result of the
revolutionary war. Did the founders
believe the only justified debt was to defend (or establish) our country? What constitutes "general
welfare?" Regardless of the
founding fathers' ideas about justifiable taxation, they basically did not
legally limit the extent of taxation. We
should take this as a warning to beware of all legislation that is not specific
and/or narrow. Despite the original
intent, consequences years later may have nothing to do with the original
intent.
That same
section allows Congress "to raise
and support Armies," which would require taxing citizens to support
the armies. Yet, this provision does contain
a limitation: "no appropriation of money to that use shall be for a longer term than
two years." In other words,
Congress is forced to re-evaluate money spent on "Armies" every two
years. I take that back. They don't have to "re-evaluate"
the situation every two years; they just have to vote every two years to keep
spending the money.
Section 9
of Article I limits the amount of tax states could impose on importing people
to its state, but since that section alludes to forced slavery, we no longer
have to consider this portion.
Thankfully.
Section 9
also clarifies that "uniform"
taxation should be based on population.
In addition, it prohibits the taxing of products moved from one state to
another and the imposing of water port fees at different rates for ships from
different states.
Article VI
states that all debts legally acquired by the U.S. under the Articles of
Confederation would still be honored under the new Constitution. (Remember that an earlier article allowed
Congress to pay debts through taxation.)
Amendment
16 gave Congress the power to lay and
collect taxes on incomes from any source and these taxes did not have to
consider the amount of money collected from each state in comparison to the
population of that state. Some people
say income taxes are illegal under the Constitution, but to me it looks like
this amendment is the legalization of the income tax.
Amendment
24 makes it clear that no one can be denied the right to vote based on that
person's failure to pay a tax. Hmm, I
wonder if this applies to our newly declared "tax" of purchasing
health insurance. Wait a minute. A felon can be denied the right to vote. So, as long as the failure to purchase health
insurance does not become a felony, then a person not paying that tax can still
vote.
If you have
not read the U.S. Constitution and its Amendments recently, I would encourage
you to do so. It comes back to blind trust. Are you just "trusting" government
officials to uphold the law of the land or are you making sure they do?
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