Tag: repeal

How to Repeal ObamaCare through the Same Process that Gave Us ObamaCare

From my latest at Darwin’s Fool:

Republicans won an impressive number of victories last night, including a larger and more conservative House majority and enough wins to give the GOP at least a 52-seat majority in the Senate. As Jeffrey Anderson and Robert Laszewski have noted, Republicans made ObamaCare a major issue in the election  (the New York Times’ denials notwithstanding). Senate Republicans will fall several seats short of the 60-vote super-majority needed to overcome a Democratic filibuster of an ObamaCare-repeal bill, though. ObamaCare opponents are therefore debating whether and how Republicans could repeal some or all of the law via the Senate’s “budget reconciliation” process, which allows certain legislation to pass the Senate with only 51 votes. Some opponents have proposed getting around these difficulties by getting rid of the filibuster entirely. I think there’s a more prudent, targeted way Republicans could put ObamaCare repeal on the president’s desk, give Democrats a taste of their own majoritarian medicine, and convince Senate Democrats of the virtues of restoring the filibuster on legislation and judicial nominations.

It goes like this…

Read the whole thing.

ObamaCare’s Triple-Digit Premium Hikes Dramatize the Need for Repeal

In 2010, the Obama administration excoriated health insurance companies for “rate hikes as high as 39 percent.” HHS Secretary Kathleen Sebelius wrote:

This is unacceptable…

President Obama has offered a health insurance reform proposal to help working families and small business owners.  It will hold insurance companies accountable by laying out common-sense rules of the road to keep premiums down…

Reform will change the rules and help stop exorbitant increases.

And the President’s plan will help reduce costs…

According to the Chicago Sun-Times, that double-digit rate increase “helped dramatize the need for regulation.”

That episode came to mind this morning when I read about a survey of health insurers that shows ObamaCare will neither “keep premiums down” nor “stop exorbitant increases” nor “reduce costs”:

The survey, fielded by the conservative American Action Forum and made available to POLITICO, found that if the law’s insurance rules were in force, the premium for a relatively bare-bones policy for a 27-year-old male nonsmoker on the individual market would be nearly 190 percent higher…

Most other studies have tried to estimate average premium increases, which have ranged anywhere from negligible to 85 percent and higher. This survey looks at individual examples in specific markets to show the itemized impact of the major Obamacare reforms…

On average, premiums for individual policies for young and healthy people and small businesses that employ them would jump 169 percent, the survey found.

These findings are in line with projections by neutral observers and even ObamaCare supporters like MIT economist Jonathan Gruber that the law will increase premiums for some individuals and small businesses by more than 100 percent. 

If double-digit premium increases dramatized the need for regulation, do triple-digit increases dramatize the need for its repeal?

Politico offers a strange rationalization for these rate hikes:

The increase will most likely be substantial for “a slice of the younger population,” said Massachusetts Institute of Technology health economist Jon Gruber, a supporter of the health law who has studied its impact on premiums.

And those are the people who, before Obamacare, benefited from insurers’ ability to charge older, sicker people much higher rates — or deny them coverage altogether — practices that have kept premiums for the young low.

Set aside the fact that these rate hikes effectively tax young workers to subsidize older workers who generally have higher incomes. According to this theory – I can’t tell if it came from Gruber or Politico – those young workers are today unjustly enriched because they’re not being robbed.

Sweet Repeal

Look at this legislative language. It’s the stuff of beauty:

(a) In general.—The following sections of the Communications Act of 1934 (47 U.S.C. 151 et seq.) are hereby repealed:

(1) Section 339 (47 U.S.C. 339).

(2) Section 340 (47 U.S.C. 340).

(3) Section 341 (47 U.S.C. 341).

(4) Section 342 (47 U.S.C. 342).

(5) Section 612 (47 U.S.C. 532).

(6) Section 614 (47 U.S.C. 534).

(7) Section 712 (47 U.S.C. 612).

And there’s more.

It’s from H.R. 3675, The Next Generation Television Marketplace Act, introduced by Rep. Steve Scalise (R-LA), and its Senate counterpart, S. 2008, from Sen. Jim DeMint (R-SC).

Cato alum Adam Thierer’s recent Forbes column has the low-down:

There’s a common myth heard frequently in communications policy circles that America’s video marketplace was largely deregulated in the 1980s and ’90s, and that we now have a free market nirvana. Nothing could be further from the truth. When it comes to television programming, many layers of red tape still encumber this sector and prevent a truly free market in video programming from developing.

Adam goes on to discuss all the ways that players in this marketplace are working to maintain the advantages they see coming from regulation. It’s a gruesome pile-up of rent-seeking that the Scalise-DeMint bill is trying to clear up.

It sure is cool to see a bill that repeals existing regulations, for a change. Ten or fifteen thousand more like this would be a good start.

Who’s Afraid of an Amendments Convention?

Those of us who are upset at how “constitutional law” has gotten far away from the text of the Constitution have more options than just hoping the judiciary tosses us an occasional bone and otherwise writing law review articles and op-eds.  We can also amend the Constitution!

Indeed, the Framers provided a method of constitutional amendment that is easy to understand (if not to execute, at least not since the New Deal Congress and FDR began de facto amending the Constitution without bothering to amend it de jure).  Article V says that an amendment can be sent to the states for ratification upon approval by two thirds of both houses of Congress.  In the alternative, two thirds of the state legislatures can call for an amending convention.  Either way, the resulting proposed amendments must be ratified by three quarters of the states to take effect.

Hand-in-hand with the recent resurgence in limited-government ideas, various amendments have been floated – by Tea Party activists, politicians, academics, and policy analysts.  Randy Barnett’s “repeal amendment” – that a vote by two thirds of states can repeal federal law – is one.  The balanced budget amendment is another.

Congress is unlikely to ever amass a two-thirds majority in favor of limiting its own power, however, so the state-called convention idea looks attractive.  The problem is that many conservatives and libertarians are afraid of a so-called “runaway” convention, with amendments that would eviscerate the Constitution in a way Congress and the courts haven’t yet managed.  Insert your own nightmare scenario: nationalization of industry, required gay marriage, prohibition of private schools, Keith Olbermann as NFL-Commissioner-for-Life – you name it, somebody has invoked it to argue against amending conventions.

These fears have always seemed overblown to me.  I mean, if the American people can propose and ratify amendments that constitutionalize socialism (or whatever), then we’ve lost the political culture ballgame already and might as well go seasteading in Galt’s Gulch.

And now I have backup for my instincts!  Our friends at the Goldwater Institute, in the course of a grand project masterminded by Nick Dranias (the director of their center for constitutional government), are publishing a series of articles by Robert G. Natelson (retired from the University of Montana Law School) regarding constitutional amendments via convention.  The first two are available online and the third one will be there soon.

Here are the key points:

  1. An amendments convention is the ultimate guarantor of state sovereignty. History and law support states limiting the convention to specific topics. Delegates to the convention are bound as agents of the states to stay within the scope of the applications that trigger it. And 38 states must ratify whatever the convention generates as a proposed amendment. In short, the states initiate the process, the states control its subject matter, and the states ratify its product.
  2. The amendments convention concept is not radical. Washington, Madison, Jefferson and Hamilton all agreed that states should use the Article V process to correct errors in the Constitution and rein in the federal government if it oversteps its bounds. Madison even intervened during the nullification debates of the 1830s to chide the states that they should be invoking the Article V process to regain control over the federal government.
  3. The convention will not run away. Any proposed constitutional amendment yielded by the convention requires ratification by 38 states. During the constitutional convention of 1787 the Founders rejected language that would have allowed Article V to establish a foundational convention, substituting language that requires any convention to operate within existing constitutional limits.
  4. There is nothing to lose from an amendments convention because no matter which party controls Congress, the status quo is a runaway federal government.

Read the whole thing.

Good Riddance 1099 Mandate

Senate Democrats deserve credit for this much: in voting to repeal the so-called “1099 reporting mandate,” they have acknowledged that this small part of Obamacare will be a disaster.  With time and education, perhaps they will see what most Americans already see: The rest of Obamacare is a disaster too – a monumental one – for patients, doctors, employers, the Constitution, and individual freedom.

At this point, even the most ardent Obamacare supporters must have noticed that the law has not been well received.  As public opposition further manifests itself, perhaps some supporters will begin to reconsider their fealty to this law.

Not a Good Week for Obamacare

It has not been a good week for Obamacare.  Another court ruled that the bill was unconstitutional, while it took a party-line vote in the U.S. Senate to avoid a legislative repeal.  Meanwhile, chipping away at the legislation began, with the Senate voting to repeal one of the bill’s most unpopular provisions, a requirement that businesses file 1099 tax forms on even small purchases.  Supporters of the bill are bailing as fast as they can, but the ship is sinking rapidly.