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A Single Payer Health Care System IS Constitutional

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When a Federal judge in Virginia struck down the mandate portion of the new Health Care Law, on the grounds that it contravenes the Commerce clause of the 14th Amendment, he was clearly signposting a Supreme Court decision. Right now, the current makeup of SCOTUS suggests that it could bury the mandate element of the law, and with it, the equation that put the Health insurers on board in the first place.

But the decision raises even more profound implications. For example, it appears that the mandating of purchase of private health care may, in the eyes of some, contravene the Commerce clause, but that mandating the purchase of public health care is not. In other words, a single-payer system would be constitutionally sound, and could not have been challenged in Federal Court. The reason is simple. If it were successfully challenged, then the whole edifice of public mandates, including Medicare and Social Security could have been thrown into constitutional doubt. After all, we the people are mandated to pay for these entitlements as taxation.

Another element worthy of discussion is whether healthcare, public or private, constitutes a product for sale. Ultimately, the providers of the healthcare are the same, so the ‘product’ publicly or privately sold is essentially identical. Therefore it’s an absurdity to suggest that private health care is a product and public health care is not.

What all this really points to is that the US Constitution protects a single-payer system, but not a public mandated private system. Our boys in the White House didn’t do their constitutional homework, including their boss – a constitutional lawyer. I guess he was too busy cutting deals with the bad guys.

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Written by coolrebel

December 14, 2010 at 1:39 am

Posted in Washington

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