Fix Health Care Policy

On October 23, 2009, a reporter asked Speaker Nancy Pelosi (D-CA): “Madam Speaker, where specifically does the Constitution grant Congress the authority to enact an individual health insurance mandate?” Speaker Pelosi shook her head dismissing the question: “Are you serious? Are you serious?” Pressed for a more substantive response later, Pelosi’s press spokesman admonished the reporter: “You can put this on the record. That is not a serious question. That is not a serious question.”

Yesterday, Roger Vinson, senior federal judge of the United States District Court for the Northern District of Florida, found it to be a very serious question indeed. Judge Vinson characterized the Obama Justice Department’s motion to dismiss the constitutional challenge to Obamacare brought by 16 state attorneys general, four governors, two private citizens and the National Federation of Independent Business (NFIB) as “not even a close call.” Addressing the Obama administration’s claim that Congress had the authority to enact Obamacare pursuant to the Commerce Clause, Judge Vinson wrote:

“The individual mandate applies across the board. People have no choice and there is no way to avoid it. Those who fall under the individual mandate either comply with it, or they are penalized. It is not based on an activity that they make the choice to undertake. Rather, it is based solely on citizenship and on being alive. As the nonpartisan CBO concluded sixteen years ago (when the individual mandate was considered, but not pursued during the 1994 national healthcare reform efforts): ‘A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States.’”

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Tags: Commerce Clause, House Speaker Nancy Pelosi, Individual Mandate, Intolerable Act, repeal Obamacare, states' lawsuit

Fellow Americans,

Late last night, in a narrow and partisan vote, the U.S. House of Representatives passed the most significant piece of social legislation in over seven decades. It did so in the face of overwhelming and principled opposition from the American people. Large majorities of Americans oppose this legislation because it offends the historic American dedication to the principle of self-government. They understand that this new law will accelerate Washington’s intrusion into our most personal and private decisions.

This is why opposition to this bill will only grow. Supporters of this bill argue that popular hostility will recede upon its passage. But, rather than cementing our descent into a European-style welfare state, last night’s passage of Obamacare is best seen as a historic turning point, a true catalyst for real change.

I write to reassure our supporters, the conservative movement, and the American people at large that The Heritage Foundation will do all within its power to keep this issue alive in the public square and make the intellectual case for the repeal of this act. We will bring all our resources to bear on behalf of those who believe America is and will always remain the Land of the Free.

This, rest assured, can be done. The American people are never permanently thwarted. President Obama’s health care legislation can and will be repealed. (more…)

Tags: Intolerable Act, Public Opinion, repeal, Senate Health Bill, U.S. House of Representatives, Washington takeover

Members of the House of Representatives tonight approved President Obama’s health care agenda, the biggest expansion of government power since the Great Society. The Obama health care legislation is universal in scope and will profoundly impact the personal lives of more than 300 million Americans. It will restrict our personal freedom while undercutting the independence and authority of the several states.

This unprecedented congressional action will give Washington control over the content of health benefits packages; the kind of health insurance available to Americans and the organization and regulation of health insurance markets. This has been accompanied by one of the most shocking Congressional exhibition of arrogance and special interest deal-making in memory.

In 1774, in response to the first Tea Party, the British Parliament issued a series of acts designed to control the colonists, stop their protests and restrict their liberty. The Americans called these “The Intolerable Acts.”

Obamacare is today’s Intolerable Act. In poll after poll, in town hall meetings, in popular protests and in special elections, ordinary Americans have declared their firm opposition to this scheme, only to be derisively dismissed.

This imposition of legislation is intolerable for two reasons:

– Process: The outrageous way in which this massive restructuring of one six of the economy has been pushed through.

– Substance: Huge obligation shifted to future generations, a huge lurch toward European-style welfare states.

The Heritage Foundation will have a full answer to Congress’ action tomorrow and in the days and weeks and months to come. We will do all within our power to recommend, and make the intellectual case for, the repeal of these acts. We will help marshal the full resources of the conservative movement for this cause. You can join the fight to keep America the Land of the Free today

Fortunately, there are no permanent victories or defeats in Washington. For millions of Americans and for Heritage, Round One of this fight is over. Tomorrow morning, we are answering the bell.

Tags: government takeover, House of Representatives, Intolerable Act, ObamaCare, Senate Health Bill, unfunded entitlements