Tag: Obamacare

Individual Mandate Is Constitutional - If You Rewrite the Constitution

House Judiciary Committee Chairman John Conyers (D-MI) was asked on Friday where in the Constitution Congress gets the power to force people to buy health insurance.  He said, “Under several clauses, the good and welfare clause and a couple others.”

As it happens, there is no “good and welfare clause” – which Conyers should know, as both judiciary chairman and a lawyer.  But even if you excuse his casual use of constitutional language, what he probably means – the General Welfare Clause of Article I, Section 8 – is not a better answer.  What that clause does is limit Congress’s use of the powers enumerated elsewhere in that section to legislation that promotes ”the general welfare.”  (So earmarks are arguably unconstitutional, though you can make a colorable argument that, when considering a pork bill as a whole, with all parts of the country getting something, that monstrosity is collectively in “the general welfare” – maybe.)  In any event, the General Welfare Clause doesn’t give Congress any additional powers – and I’d be curious to know what the other “several clauses” are.

Conyers  also noted that, “All the scholars, the constitutional scholars that I know … they all say that there’s nothing unconstitutional in this bill and if there were, I would have tried to correct it if I thought there were.”  Well, Mr. Conyers, to start let me introduce you to three constitutional scholars – not fringe right-wing kooks or anything like that, but respected people who publish widely – who think Obamacare is unconstitutional.  Now will you try to “correct” the bill?

Here’s video of Conyers’s full remarks on the subject (h/t Jon Blanks):

And for a survey of the various constitutional issues attending Obamacare, see Randy Barnett’s oped from Sunday’s Washington Post.

Tuesday Links

  • Estimates of the health care overhaul’s real cost over 10 years run as high as $3.5 trillion, including $600 billion in new taxes from the start.
  • Will claims that the health care overhaul is unconstitutional get anywhere? Here is your guide to the possible legal challenges to the new law.

Would ObamaCare Improve Public Health? Probably Not.

George Avery is an assistant professor of public health at Purdue University.  In today’s Daily Caller, Avery rebuts claims that the Obama health plan would improve public health:

The idea that health care contributes significantly to population health is both intuitively appealing and untrue….

In fact, federal “reform” often hurts the public health system. Both public health and health care experts have criticized Medicare and Medicaid, enacted by Congress in 1965, for changing the focus of health care practitioners from prevention to treatment….

Requiring all Americans purchase health insurance, which the current bills hope to do, would not address the underlying socio-economic issues at the root of most public health problems….

Indeed, access to health care can help individual patients, but can also aggravate some public health problems…. High rates of surgical intervention increase the risk and spread of drug resistant infections like MRSA.

Avery is the author of the Cato Institute briefing paper, “Scientific Misconduct: The Manipulation of Evidence for Political Advocacy in Health Care and Climate Policy.”

Obama’s Populism a Hoax: ObamaCare Is a Sop to Big PhRMA

From the invaluable Tim Carney:

The Obama team regularly dismisses opponents as industry lackeys. The Democratic National Committee blasted out e-mails this week warning that “for every member of Congress, there are eight anti-reform lobbyists swarming Capitol Hill” and “Congress is under attack from insurance lobbyists.”

But drug industry lobbyists, according to Politico, spent the weekend “huddled with Democratic staffers” who needed the drug lobby to “sign off” on proposals before moving ahead. Meanwhile, we learn that the drug lobby is buying millions of dollars of ads in 43 districts where a Democratic candidate stands to suffer for supporting the bill. The doctors’ lobby and the hospitals’ lobby are also on board with the Senate bill.

So the battle at this point is not reformers versus industry, as Obama would have you believe. Rather, it is a battle between most of the health care industry and the insurance companies.

(And the insurers are not opposed to the whole package. On the bill’s central planks — limits on price discrimination, outlawing exclusions for pre-existing conditions, a mandate that employers insure their workers and a mandate that everyone hold insurance — insurers are on board. They object mostly that the penalty is too small for violating the individual mandate.)

Read the whole thing.

Will Kucinich’s Vote Help ObamaCare?

Whether Rep. Dennis Kucinich’s (D-OH) “aye” vote will help pass ObamaCare depends on whether he asked for something in return.

Jane Hamsher of FireDogLake reports, “Kucinich told Obama that he wants a full ERISA waver [sic] and a public option in exchange for his vote.”  If he gets either of those things in the reconciliation “fixer” bill, then that will trigger a backlash.  His “support” could undermine the whole process.

It really depends on what kind of a negotiator Kucinich is.  If he’s a good negotiator, it hurts ObamaCare.  If he’s a lousy negotiator, it helps.

AP: Obama Misleads Voters about ObamaCare’s Effects on Premiums

The Associated Press reports:

Buyers, beware: President Barack Obama says his health care overhaul will lower premiums by double digits, but check the fine print…

The [Congressional Budget Office] concluded that premiums for people buying their own coverage would go up by an average of 10 percent to 13 percent, compared with the levels they’d reach without the legislation…

“People are likely to not buy the same low-value policies they are buying now,” said health economist Len Nichols of George Mason University. “If they did buy the same value plans … the premium would be lower than it is now. This makes the White House statement true. But is it possibly misleading for some people? Sure.”

Nichols’ comments are also misleading – which makes the president’s statement not just misleading but untrue.

Under ObamaCare, people would not have the option to buy the same low-cost plans they do today.  That’s the whole problem: under an individual mandate, everybody must purchase the minimum level of coverage specified by the government.  That minimum benefits package would be more expensive than the coverage chosen by most people in the individual market.  Their premiums would rise because ObamaCare would take away their right to choose a more economical policy.

Note also that the CBO predicts premiums would rise by an average of 10-13 percent in the individual market.  Consumers who currently purchase the most economic policies would see larger premium increases.

Finally, the Obama plan would also force millions of uninsured Americans to purchase health insurance at premiums higher than current-law premium levels, which they have already rejected as being too high.  Their premium expenditures would rise from $0 to thousands of dollars.  Yet the CBO counts that implicit tax as reducing average premiums, because those consumers are generally healthier-than-average.  Only in Washington is a tax counted as a savings.

ObamaCare Sparks Democratic Revolt

In today’s Washington Post, Democratic pollsters Pat Caddell and Doug Schoen warn that ObamaCare will be a disaster for Democrats:

Nothing has been more disconcerting than to watch Democratic politicians and their media supporters deceive themselves into believing that the public favors the Democrats’ current health-care plan…

[A] solid majority of Americans opposes the massive health-reform plan. Four-fifths of those who oppose the plan strongly oppose it…while only half of those who support the plan do so strongly. Many more Americans believe the legislation will worsen their health care, cost them more personally and add significantly to the national deficit. Never in our experience as pollsters can we recall such self-deluding misconstruction of survey data…

By 51 percent to 39 percent, respondents feared the decisions of federal government more. This is astounding given the generally negative perception of insurance companies…

Health care is no longer a debate about the merits of specific initiatives…[but] about the government and a political majority that will neither hear nor heed the will of the people.

This oped reminds me of a Bruce Reed article on the differences between hacks and wonks:

Strip away the job titles and party labels, and you will find two kinds of people in Washington: political hacks and policy wonks. Hacks come to Washington because anywhere else they’d be bored to death. Wonks come here because nowhere else could we bore so many to death. These divisions extend far beyond the hack havens of political campaigns and consulting firms and the wonk ghettos of think tanks on Dupont Circle. Some journalists are wonks, but most are hacks. Some columnists are hacks, but most are wonks. All members of Congress pass themselves off as wonks, but many got elected as hacks. Lobbyists are hacks who make money pretending to be wonks. The Washington Monthly, The New Republic, and the entire political blogosphere consist largely of wonks pretending to be hacks. “The Hotline” is for hacks; National Journal is for wonks. “The West Wing” is for wonks; “K Street” was for hacks.

After two decades in Washington as a wonk working among hacks, I have come to the conclusion that the gap between Republicans and Democrats is as nothing compared to the one between these two tribes. We wonks think we’re smarter than hacks. Hacks think that if being smart makes someone a wonk, they’d rather be stupid. Wonks think all hacks are creatures from another planet, like James Carville. Hacks share Paul Begala’s view that wonks are all “propeller heads,” like Elroy on “The Jetsons.” Wonks think the differences between hacks and wonks are as irreconcilable as the Hutus and the Tutsis. Hacks think it’s just like wonks to bring up the Hutus and the Tutsis.

The Democrats’ dogged, bloodthirsty crusade for universal coverage has been possible only because the wonks have seduced or silenced the hacks within the Democratic Party.

The hacks may be launching a rebellion, with Caddell and Schoen’s oped the opening salvo.