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Be Gone Obamacare. You Have No Power Here.

Like a priest casting out demons, the Virginia General Assembly’s final vote on the Senate Amendments was approved 80-17 telling Obama, Reid and Pelosi that Virginian’s will make their own decisions about Health Care.

I spoke with Delegate Bob Marshall at the Republican Advance last December who proudly announced that his bill had been designated HB-10 and the journey had officially begun.

I listened to the reasons outlined by Delegate Marshall in the cramped and extremely warm suite at the Williamsburg Marriott as to why we needed this legislation.

There are 34 other states that are in the process of passing similar measures to let the Federal Government know that the 10th Amendment still exists, and that the unprecedented power grab by these liberals will not stand.

There were 17 members of the House that failed to vote for Virginian’s rights. These Delegates believe that the office to which they were elected exists only to serve the Federal Government’s needs. This was a bill with broad bipartisan support, which means that those voting against it are out of touch with Virginians.

NAYS–Abbott, Alexander, Brink, Bulova, Carr, Englin, Filler-Corn, Herring, Hope, Kory, Plum, Scott, J.M., Sickles, Spruill, Surovell, Torian, Toscano.


About Tom White

Tom is a US Navy Veteran, owns an Insurance Agency and is currently an IT Manager for a Virginia Distributor. He has been published in American Thinker, currently writes for the Richmond Examiner as well as Virginia Right! Blog. Tom lives in Hanover County, Va and is involved in politics at every level and is a Recovering Republican who has finally had enough of the War on Conservatives in progress with the Leadership of the GOP on a National Level.

10 Responses to “Be Gone Obamacare. You Have No Power Here.”

  1. Venu says:

    Health Care is an interstate commerce is it not? Does not the 10th Amendment then give Obama the constitutional power for an individual mandate?

    I’m not really paying attention to Health Care Reform (which I’ll admit probably isn’t a good thing, but I have better things than reading 2,000 page bills and counter arguments) enough, so I don’t really know the effectiveness of it, but can the Individual Mandate really be considered unconstitutional?

  2. Venu says:

    Whoops, I meant to say that the 10th Amendment PROHIBITS VIRGINIA from passing the law.

  3. Ignorance of the 10th Amendment on display.

    “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.”

    Basically, anone can see that the States (or the people)have the right not to observe an unconstitutional law requiring them to purchase a Government product, when that same government has included the ability to induce financial duress and imprisonment for the people who do not buy the product.

    It’s exactly what the 10th Amendment was written into the Constitution to prevent.

  4. Tom White says:

    And as far as using the Interstate Commerce clause to force people to buy Health Insurance, you cannot buy Health Insurance across state lines, something Republicans want, and Democrats do not. I am sure a convoluted argument will be made, but that is the issue with the 10th right now.

    Now, the reason for mandating insurance coverage was to get the Insurance Companies to go along with the bill. With the new mandates, like getting rid of pre-existing conditions and lowering Medicare payments so providers, insurers will see their 2.2% profit margin turn into losses.

    There are three ways an insurance company can absorb losses.
    1. Increase revenue from investing premiums.
    2. Increase premiums.
    3. Increase the pool of healthy insured.

    #1 is not possible, especially in this market. The investments must be both safe and short term. #2 is an issue that Obama can’t win, leaving #3.

    The larger pool of insured give Insurance Companies more money to invest and statistically, a lower risk. Insurers use the Law of Large Numbers. (Google that term.) What that says is that if they bring in a lot of new insured that are lower risk, they will pay out less in claims.

    I own an insurance agency and have learned that, contrary to what people think, claims are paid when they are within the parameters of the policy. The anecdotal stories “This woman from Iowa writes…” and the “mean, greedy insurance companies” done her wrong.

    I can tell you right now, the person handling your claim is only charged with making sure the payment is authorized under the policy. If it is, no problem. If it is not, it is declined. This person has no reason to deny a claim wrongfully. In fact, if that happens, the Insurance Bureau will be all over the company. Perhaps even taking over, or pulling their admittance in severe situations.

    Insurance is strictly about math.

    Obama bribed the companies to shut up by forcing people who do not want insurance to buy it, or pay a fine. He used the promise of mandated insurance to bring the number crunchers into the program. Obviously, adding millions of healthy people is mathematically acceptable for insurers. I can tell you that if the state were to crack down on people driving without insurance, I would do great. But they don’t really make an effort.

    Now, without the mandatory pool of new, healthy customers, the Insurance Companies will start running ads against Obamacare. And the numbers do not work out. And insurance companies will go broke.

  5. Venu says:

    @ Tom,

    I guess then, is it hypocritical to try and want Health Care to be an interstate commerce (by allowing purchase across state lines), then attack an Individual Mandate for being unconstitutional?

    @ Bullet Proof Monk,
    My point is, that if Health Care is deemed an Interstate Commerce, then it IS constitutional for the Government to individually mandate, and thus the 10th Amendment would not allow for States to jump on the issues, because it would be ruled as a power delegated to the states.

  6. Tom White says:

    Venu, I think you are looking at this a different way than I am. What I am saying is that mandating individuals purchase health insurance from a private company is unconstitutional, period. The only justification the Feds could possibly use for such an over reach is the Commerce Clause. I was just saying it is ironic that in this instance, where interstate competition is not allowed that the Feds would argue that they have the right to pass such a law under the authority of the interstate commerce clause.

    Even if we allowed competition between states, forcing individuals to buy insurance is simply not constitutional. The Interstate Commerce Clause would come into play, for example, if North Carolina decides to put a tariff on policies purchased by Virginians.

    Passing laws to prevent or restrict activities – drug laws, transportation, etc. is the purpose of the clause. It has a useful purpose in regulating trade between the several states.

    But can you see a difference between Federal Regulation of commerce and forcing someone to buy a product or pay a fine?

    So, what is next. Are we all going to be required to buy the next GM “electric” car or face a fine? Does the next Republican Administration then change the Federal Car mandate to an SUV?

    The state requires you to buy liability insurance on your vehicle, pay $500 uninsured motorist fee, or do not drive. This is the state, and they have the authority. The thing is, you can refuse to drive and just use public transportation. Not so with Fed Health Insurance.

    I just don’t see a federal mandate to purchase a product as even being remotely constitutional.

    But have a look at my post on why Obama will not try to force the 10th Amendment issue.

  7. Venu says:

    Tom,

    Again, I’m not really sure on the Individual Mandate, but why would it be unconstitutional (not bad, but unconstitutional). Interstate Commerce Clause could be stretched to include Health Care, even if that were not the intention to begin with.

  8. Tom White says:

    Basically, the Commerce Clause has been stretched to encompass just about everything, well beyond the intent.

    Part of the argument for the Brady Bill was that the Commerce Clause gave the Feds the right to regulate how close to a school one could go with a firearm. The plaintiff argued that the Federal Government had no authority to regulate a gun free zone around schools, that the states would have that power, but not the feds.

    The argument from the Feds said that if a kid was in school and had to worry about guns that they wouldn’t study and learn as much, and that they would be less productive adults, which would negatively impact their job performance and interstate commerce. (That is a simplified version.)

    So, basically, using convoluted logic like that, the Federal government can do whatever they want and blame it on the commerce clause.

    They were not successful with the Brady Bill.

    Now, taxing people and using their own money (basically) to provide a service, such as Health Care, is one thing. But to have the Federal Government tell people they must purchase a policy from a “government approved” insurance company gives the government too much control over insurance companies – “You don’t have to cover this experimental procedure, but we will pull you from the approved list if you don’t”.

    What if I want a company that only covers catastrophic illness, and I want to use a medical savings plan for the smaller stuff? I could save a ton of money and keep the change. These will not be approved.

    The commerce clause has been challenged only on rare occasions because the federal incursions were minimal. This is not the case with Health Care. It is 1/6 of the economy and total control over your life.

    Sorry. I don’t trust Obama with that command over my life and I would not have trusted Bush – or even Reagan.

  9. John Hammell says:

    When the FEDSTAPO passed the REAL ID ACT into law,enough STATES NULLIFIED it by passing bills in their legislatures refusing to implement it that it was never able to be implemented.

    Virginia is the first of several states working hard to pass legislation that will NULLIFY Obamacare. If it is shoved down our throats, I predict a lot more states will pass 10 amendment resolutions against it just as Virginia has. For More information see http://www.tenthamendmentcenter.com/nullification/health-care/

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  1. [...] Legislation Passed by States By Tom White, on March 12th, 2010, at 8:18 am My recent post Be Gone Obamacare. You Have No Power Here requires a bit of [...]


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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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