Three Paragraphs on Health Care Law

I support the repeal of the Affordable Care Act in its entirety. In the mean time, or if that proves unworkable, I would strongly suggest amendment or repeal both of parts of the ACA and of other Federal regulations which have tended to make the health care process more and more a hassle, and especially those parts which make unwarranted demands on citizens. Additionally I would like to see the government pursue a policy of opening health care as much as possible to the free market: expanding options for insurance across state lines, cutting out subsidies for special interests such as insurance companies, and removing corporate versus personal distinctions in regards to, for instance, tax law.

The Affordable Care Act is un-Constitutional.  It was passed on a strictly partisan basis.  It has not met the goals with which it was advanced, either the well-publicized claim that it would preserve then-current insurance plans or the obvious and stated goal of saving people money on healthcare.  Premiums have gone up for health insurance- as was in fact predicted beforehand by many who did not support the bill – and it is not clear that overall any significant improvement has occurred either in quality of or access to actual health care.  Certain parts of the scheme have not worked as planned.  Moreover the regulations imposed in enforcing the bill have so far blatantly disregarded the Constitutional and traditional American protections of the private conscience.  The ACA has been so unpopular since its introduction, and more so since its passage, that the Republican Party has been running virtually on a repeal platform alone and through three elections has been successful to varying degrees in so doing.  It is barely even a “done deal”: its full requirements were not in effect at the commencement of President Obama’s second term.  The point is this: while it is understandable that some would decide that – despite these drawbacks – the ACA is preferable to the state of affairs before it became law, it does not make sense to consider repeal efforts surprising, inexplicable, or unconnected to the desires of the electorate.  I would even add that the potential for repeal illustrates why we should not hand more power to government than absolutely necessary.  What the strong arm of the government can “give”, it can most definitely take away again on a whim.

However, the repeal of the ACA should be done in a straight-forward manner.  The current effort to mangle the law by budget resolutions and amendments is not the way the repeal ought to be achieved.  I linked and support the bill Senator Cruz sponsored to repeal it properly.  I do not support the budget chicanery (on this or any other of the issues it is so often invoked).  Lincoln is supposed to have said that the best way to get rid of bad law is to enforce it thoroughly – the implication being, of course, that enforcement would result in increased public displeasure with the measure – and with laws not blatantly immoral this is the method I would endorse as well.  Admittedly some of the ACA provisions, at least as currently regulated, are such – but not, that I can tell, the ones targeted at the moment.  The question of the morality of a law which is illegal by higher law – I did earlier and seriously call the ACA un-Constitutional – is a difficult one.  To take the possible counter-example most easily proposed: what if the higher law is itself immoral?  I do not believe this of the Constitution as currently amended (currently interpretations I will pass by), but the principles involved are certainly enough to give one pause.)

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