The Nation: David Cole: Why President Obama’s Healthcare Law is Constitutional

Source:Free State MD

Fareed Zakaria, who’s a foreign affairs analyst for CNN, but who also host a Sunday talk show, Global Public Square, that does cover a lot of issues that relate to foreign affairs, but who’s show covers other issues and who’s someone I respect a lot, hosted a documentary last Sunday night. A week ago from yesterday about healthcare reform. Healthcare in America and healthcare around the World. Looking at what we do and what other countries do as well in healthcare. Was asked by Wolf Blitzer a couple of weeks ago, right before his documentary aired on CNN, whether he believes the Affordable Care Act is constitutional or not. Which Mr. Zakaria replied, “I don’t know that’s above my pay grade”. But that its essential to Healthcare Reform whether its constitutional or not. For us to be able to bring down our healthcare costs. Which is my position and I’ll explain why.

For us to bring down our healthcare costs, we have to be able to cover everybody. With either health insurance, a health savings account or people pay out-of-pocket. Or a package of all three of these things. As long we are all covering our share of our healthcare costs. And don’t past our healthcare costs on to others. Who pay for their healthcare. That’s one way we’ll be able to bring down healthcare premiums. And stop people from going to the emergency room every time they need healthcare, no matter what it’s for. We have to end uncompensated healthcare in America. To bring down our healthcare costs, or we are not going to be able to do that. And our costs will continue to rise.

I believe the Affordable Care Act is constitutional and again I’m not a lawyer. But I believe its constitutional for two reasons. Again whether you support the ACA or not and I would’ve voted for it, you gotta admit it’s a badly flawed law and badly written. Had they labeled the individual mandate a tax, instead of a penalty, Which it acts as a tax based on how its written, it’s just not called a tax, then the constitutionality of it would not be a question. Also had they put in a prevision in it, that would allow the Supreme Court to overturn it, but cherry pick it, meaning throw out what they believe is unconstitutional, but leave in the rest, then whether the individual mandate is constitutional or not, most of the rest of the law would be ruled constitutional.

Most of the Affordable Care Act is constitutional. Why, because the Federal Government clearly has the authority to regulate interstate commerce. And clearly has the constitutional authority to assists its citizens that need help. Like paying for their healthcare. And the Federal Government clearly has constitutional authority to tax its citizens. The main reasons why the ACA is at risk of being thrown out by the Supreme Court, it’s because it’s a badly written bill. Even the parts of it that are clearly constitutional.