The U.S. Supreme Court has spoken.  “Obamacare” is Constitutional and it is the law of the land.  The issue is settled and done, right?  Not a chance!

The reason the Supreme Court said Obamacare is Constitutional is because it falls under Congress’ power to levy taxes. No matter how many times the Obama administration and the Democrats try and hide or downplay it by calling it a “penalty” or a “payment” or an “investment” the MANDATE that every citizen must purchase health insurance is a tax. And a HUGE one at that. In fact, it is THE largest tax increase in US history.  Yes, you read that right.  This President is responsible for the largest tax increase in history–  and that’s beside the MOUNTAIN of debt he’s accumulated AND the Bush Presidency tax cuts he is allowing to lapse (which is the second biggest tax increase if it lapses).

But regardless of whether or not it is called a penalty or a tax, it is an attack on YOUR liberty, YOUR freedom, YOUR property. Definitions of the word MANDATE include: an official or authoritative command; an order or injunction; an often controversial government requirement for the purchase of goods by individuals; an obligation handed down by an inter-governmental body. A MANDATE, by definition, is an attack on YOUR freedom and liberty to do as you choose.

At its core, this legislation is a massive overreach by our federal government into our personal lives.  Government emanates from the power of “We the People” and the Constitution describes the powers of a REPRESENTATIVE government that “We the People” loan it from our power, our rights and how “We the People” intend to limit it.  When the federal government exceeds its bounds it’s up to the people to correct the government’s over-reach.  Under the 10th Amendment in the FEDERAL constitution Kansas has an obligation to defend its residents from federal government intrusiveness and imposition as it states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

The federal government has a role.  It needs to provide for the common defense, to regulate interstate commerce, to protect our currency, provide for post offices and roads etc.  In other words, the federal government has the responsibility and authority to do for the common interest of the country what the States and “We the People” cannot do for ourselves. The decision and freedom to buy health insurance (or not to) is a personal one, NOT one for a FEDERAL government to dictate, and now MANDATE. Kansas legislators and we Kansans can solve our own problems and we have one last opportunity in the November election to do exactly that.

U.S. Supreme Court Building, Washington, D.C. ...

U.S. Supreme Court Building, Washington, D.C. (LOC) (Photo credit: The Library of Congress)

The Supreme Court has ruled on the constitutionality of Obamacare – at least part of it. But, where in the Constitution does the federal government, including the Supreme Court, have the authority to even address the subject? The real question is not what is in the Affordable Care Act or what the Federal Supreme Court says about it or what the Department of Health and Human Services does when implementing it. The real question is by what authority are any of them doing this?

Where is it among the enumerated powers of the federal government to dictate our healthcare or how we pay for it? The tenth amendment is clear: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Until recently the power of regulating healthcare and its financing belonged with the people and, to the degree the people of a state wanted it, with the several states.

We do not need an examination of the history of this over-reach of the federal bureaucrats – we need it stopped and we need it reversed. Yes, the cost of healthcare has skyrocketed. Yes, much of that cost is due to better technology and drugs which are more expensive. But, much of the increase is due to government programs that separate the patient from the ability to control payment as well as from the huge costs incurred by providing free medical care to illegal aliens and others. Healthcare providers are being stiffed for their costs and are passing it on to their paying customers. In short, we see how expensive free healthcare can be. Increasing free healthcare will only make all healthcare more expensive.

To a large degree, government caused this problem and federal government action to solve it has only made it worse to the point that they are now dictating who will get what and who must pay. This gets beyond healthcare to the unlimited power of the federal government. What next? Mandatory pet insurance? Why not. If it increases the power of the government over our lives and gives the bureaucrats more government jobs then it is not beyond them to cram it down our throats.

We have only one hope. That hope is that enough state legislatures refuse to allow this travesty to continue. We need states that are willing to stand up to the federal government and re-establish the constitutional limits on that government. Otherwise we have unlimited government and that is not what the American Republic is all about.