NULLIFY NOW !! | Eastern North Carolina Now

Jefferson believed it was up to the States, the parties who drafted and ratified the Constitution and thus created the federal government to stand up to the government when it exceeds constitutional bounds.

ENCNow

    He concluded by addressing the secession question:

    "If the right to interpose did not exist, the alternative would be submission and oppression on one side, or resistance by force on the other. That our system should afford, in such extreme cases, an intermediate point between these dire alternatives, by which the Government may be brought to a pause, and thereby an interval obtained to compromise differences, or, if impracticable, be compelled to submit the question to a constitutional adjustment, through an appeal to the States themselves, is an evidence of its high wisdom: an element not, as is supposed by some, of weakness, but of strength; not of anarchy or revolution, but of peace and safety. Its general recognition would of itself, in a great measure, if not altogether, supersede the necessity of its exercise, by impressing on the movements of the Government that moderation and justice so essential to harmony and peace, in a country of such vast extent and diversity of interests as ours; and would, if controversy should come, turn the resentment of the aggrieved from the system to those who had abused its powers (a point all-important), and cause them to seek redress, not in revolution or overthrow, but in reformation. It is, in fact, properly understood, a substitute, -- where the alternative would be force, -- tending to prevent, and, if that fails, to correct peaceably the aberrations to which all systems are liable, and which, if permitted to accumulate without correction, must finally end in a general catastrophe."

    We see, then, that nullification is not intended as a threat of possible secession. It is a peaceful plea to the federal government to faithfully honor the Constitution. So, if the government grows hostile to any state that uses nullification to declare an act of the government unconstitutional and that hostility leads to secession, then the fault of secession lies not with the state but with the government. The power to restore the design of the federal compact lies with the government. The power to prevent secession lies in the conduct of Washington DC.

    No one wants the Union to dissolve. No one wants a state to be so frustrated and so apathetic and so rebellious with the federal government that its only effective solution is to dissolve its bonds with fellow states so that it is relieved of allegiance to an oppressive or controlling federal government. But if Americans are devoted to keeping the American ideal alive - that government serves the people and not the other way around - than secession must always be recognized as not only a fundamental sovereign right but also a viable option. It was certainly the option our founding patriots took when they adopted and signed the Declaration of Independence. That document, most clearly and straightforwardly, was a secessionist document. It announced "to a candid world" that the colonies endured a history of repeated injuries and usurpations at the hands of King George and were therefore dissolving their bonds with Great Britain. Thomas Jefferson wrote: "That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connections between them and the State of Great Britain, are and ought to be totally dissolved.."

    Lincoln got it wrong. He engaged the South in a costly war to save the Union because he believed it was meant to be a perpetual Union. America was never promised to be a perpetual Union. It was promised to be the land of perpetual freedom. If the independent sovereign colonies had the right to be free and to dissolve their political bonds with a tyrannical government in 1776, why do they have any less of a right under the same circumstances?

    Some have laughed at this sentiment. Many believe that the government would never allow any state to withdraw from the Union. Some look at the legal issues and wonder how a state can legally secede if no federal court will recognize the right of secession. [The only Supreme Court decision which addressed secession was Texas v. White, 74 U.S. 700 (1869), which was written by Justice Salmon Chase. Chase was appointed by Abraham Lincoln as a cabinet member and was a leading Union figure during the war against the South and so it was no surprise his decision was a regurgitation of Lincoln's premise for war. He wrote: "The act which consummated Texas' admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. There was no place for reconsideration or revocation, except through revolution or through consent of all the States."]

    Since the government enacted martial law in the South (thus treating the southern states as a conquered land) put strict conditions on the Confederate states for "re-admission to the Union," it is clear the government didn't even believe its own story.

    The authority for secession comes from man's humanity and vests in every sovereign. The right of a people to abolish their government is a fundamental right, just as the rights to Life, Liberty, and Property are. As Jefferson said: "God who gave us life gave us liberty." Liberty is indivisible from life itself. This right of a people to abolish government is grounded in the inherent right of self-protection (individuals can protect their lives and property). When people are organized into communities and reside in a particular state, that state itself possesses the sovereign powers that the people themselves would have had if they had not delegated it for collective and mutual benefit. States do not need permission from the federal government to dissolve the political bonds binding them to the Union. They need no permission from fellow states (although they might wish some support). They certainly don't need permission from any of the federal courts.

    The Declaration of Independence reads: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."

    The US Constitution begins with the words "We the People." This is immensely significant because it evidences the understanding that the power of the government derives from the people. The power derives from the people because in this country we acknowledge that individuals are the true sovereigns. This concept mirrors the themes highlighted in Jefferson's Declaration. The Declaration is the WHY and the Constitution is the HOW.

    This emphasis on "We the People" is quite different from what we've seen in history in other countries. Governments have been fashioned by Kings, established by tyrants, or forced on a conquering population. The rights of the people were always an after-though - a second thought. The interests of the King or the tyrant or the conqueror always came first. Governments were always top down until the US Constitution was written. In the United States, we have a bottom-up structure. Power bubbles up from the people. It transfers to a government which in turn serves them. It was not supposed to serve itself. The Constitution is a document that protects the individual from the conduct of government. It is a document used to enforce law on government - not on people. It is designed to limit government and not to limit citizens.

    Our Founding Fathers came up with a special, unique formula, which it memorialized in the Constitution (and in the Federalist Papers) - that "limited government" equals "maximum individual liberty."

    Governments established for the benefit of the individual are created by compact - an inherent agreement by the people to obey laws in return for the protection of their rights and the service of their liberty interests. After all, what is an individual's liberty interest in life and property worth if he can't leave his home in order to work and travel because he must protect his family and property from evil-intentioned individuals? Many governments are evidenced by a constitution, although it isn't necessary. Written instruments are preferred because they set out in particular detail the relationship between the People and government. Governments are supposed to be limited. While some laws are necessary to promote and even enlarge individual liberty, too many laws burden liberty and oppress people. The balance shifts. Instead of protecting and serving the People, it becomes their master. And then that is when we get to the point where the People review the situation and decide whether it is appropriate to form a different compact, or as Thomas Jefferson so eloquently stated: "to institute a new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."

    It only makes sense that a nation founded on the sovereignty of the individual would allow individuals to abolish their government.

    I certainly don't advocate secession. We lost almost 620,000 young men when the South seceded from the Union and Lincoln fought to deny them that opportunity. But as I wrote earlier, it has to be an option as a matter of last resort otherwise we slide down the path to tyranny without a way to salvage the liberty that our revolutionary patriots fought for and which our Founders secured for us.

    It is said that nations typically follow a predictable path of progression: From bondage to spiritual faith; then from spiritual faith to great courage; then from courage to liberty; then from liberty to abundance; then from abundance to complacency; then from complacency to apathy; then from apathy to dependence; and finally, from dependence back into bondage. We are at the "dependency" stage. We think the federal government - all branches - are the answer. We see it every time we hear people make such outrageous claims as "home ownership" is a right and "healthcare is a right" and "entitlements are a right." Every time a people believes that government should give them something and therefore relieve them of the "opportunity" to provide such things for themselves, then they, in effect, hand those 'opportunities' back to the government. Each "opportunity" is indeed an exercise of Liberty. It is an opportunity to use the inherent rights and abilities granted to us by our Creator to achieve. We are squandering our opportunities by trusting government to take care of us.

    We assume that the government - all branches - are the interpreters and final arbiters of what the Constitution means, what the government's powers are, what government should do, and what laws the people MUST obey. (A perfect example is the desire of Justices Ruth Bader Ginsberg, Sonia Sotomayor, and Elena Kagan to have a second amendment case reach the Supreme Court again after another liberal justice has been appointed to the Supreme Court so they can "get it right this time." District of Columbia v. Heller was a narrow 5-4 decision. These liberal justices believe strongly in government gun control - despite the overwhelming authority to the contrary - and Ginsberg has already gone public urging another case to come before the high court "after Obama wins a second term.")

    If our early patriots understood the inherent violation of liberty rights in a relatively small tax on tea, is it no wonder that today's patriots are urging the revival of nullification over the blatant violation of liberty rights in the coercive federal healthcare bill? If our early patriots rebelled over the fact that they forcibly taxed to serve the purposes of others (the English), it is no wonder today's patriots are in an uproar over the fact that a certain segment of our population is being forcibly taxed to serve the purposes of others?

    It is no wonder that critical mass has been reached and nullification is being talked about as the only option remaining to get government back in line. Hope for other options ended with the Supreme Court's decision of the healthcare bill. There would be no commonsense voice from the Supreme Court. There will be no repeal of the bill in this session or even the next. If Obama is re-elected, the republic is effectively dead. Nullification is the only answer. It provides the path from dependency back to liberty. It puts power back in the hands of the state and to the people. It is the rightful remedy for a people who rightfully deserve to enjoy freedom without oppressive and coercive policies of government.

    Thomas Jefferson lives again in the hearts and minds of those who desperately want to save the republic. And it's great to have him back.

    "My country 'tis of thee, sweet land of liberty. Land where my fathers died; land of the pilgrims' pride. From every mountainside, let freedom ring."


    References:

    Diane Rufino, "Nullification: A Concept Whose Time Has Come" August 2011. Referenced at: http://forloveofgodandcountry.wordpress.com

    Diane Rufino, "Secession: Does a State Have the Right to Secede From the Union?" August 2011. Referenced at: http://forloveofgodandcountry.wordpress.com

    Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803). Referenced at: http://constitution.org/ussc/005-137a.htm

    District of Columbia v. Heller, 554 U.S. 579 (2008).

    John C. Calhoun, "Fort Hill Address: On the Relations of the States and the Federal Government," in the book: Union and Liberty: The Political Philosophy of John C. Calhoun, ed. Ross M. Lenace (Indianapolis: Liberty Fund, 1992). Referenced at The Online Library of Liberty.: http://oll.libertyfund.org/?option=com_staticxt&staticfile=show.php%3Ftitle=683&chapter=107120&layout=html&Itemid=27

    Diane Rufino has her own blog For Love of God and Country. Come and visit her. She'd love your company.

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Comments

( July 26th, 2012 @ 12:28 am )
 
Michael,
Thanks for telling me exactly where you stand on social spending.

I just couldn't imagine all I've gone thru with education, the incredible school loan debt, so many all-nighters, having my long-time boyfriend dump me because he was fed up with my graduate program, missing my 20's because of gradudate school, losing friends because I didn't have the time to keep in touch, missing vacation opportunities, sacrificing time with my parents and my children, building a career, working 60 hours a week and sometimes week-ends, having my children and returning to work right away, putting them in daycare and missing them so much... if I knew I would have to give up what I earned to serve the needs of others. If that were our system, I would have never been as motivated as I was, as ambitious as I was, or willing to make the sacrifices that I did.

I know you've given me statistics to suggest that such a mentality and such a system offers many benefits, but I just don't understand how you advance as a civilization when you don't have a proper reward system.

Sorry you have a wife that doesn't like housework. I have a husband that spends too much time doing things that I should do - that a woman should do. He invades my domain. I'm not cool with that.
( July 22nd, 2012 @ 9:44 am )
 
Yep, Canucks are the French Canadians. Diane, I'm no Mike Myers. That being said, I've never been accused of taking myself too seriously. That is an accusation which could be aptly applied to many if not all "avowed Socialists." I'm not one. I jokingly posted a link to the Socialist Party's fundraising website in a comment to Stan on BCN's facebook page. He took me literally and I can see why..it was sort of an inside joke which some of my friends who were following the conversation would get. But I doubt anyone else would.

Although I'm not a Socialist, I'm a strong advocate of social spending. The Marxist credo is something along the lines of "from each according to his abilities and to each according to his needs." Edit the latter half to "at least according to his needs" and I'd agree. The credo as it stands implies, or perhaps even outright demands, "no more than according to his needs." That is outrageous and an economic system designed on those principles will never thrive. See Venezuela and Cuba.

There are many countries with high levels of social spending and relatively thriving (these are tough times!) capitalist economies and laissez faire policies related to commerce. When looking at unemployment rates in these countries, no correlation can be found between social spending and individual initiative. Unless Americans are inherently less industrious, I don't see why this would not be the case here as well. While productivity in these countries is on par with our own, they consistently rank ahead of us by many measures. Poverty rates, infant mortality, education, and "overall happiness" are a few which immediately come to mind.

@Stan....Ironically, if Obama doesn't get reelected it will be because he made a lot of empty promises to "the left" and never followed through.

Economies overseen by the likes of Hugo Chavez, Castro and others like them will always fail. And so will those that follow economic policies developed by Milton Friedman and those who have survived him in the Chicago School of Economics. Those in the middle will remain stable. And this is, in part, because they take care of their own.

Diane, you are obviously a busy professional with a hectic personal life. Yet you've found the time to respond to each comment eloquently while making points which even a "venemous" and "avowed Socialist" with wolf-like tendencies doesn't care to disagree with. I have two kids (and a wife who hates housework) but I've tried to respond in kind. Take care, Diane.....I'm off to tackle a mountain of laundry and dinner prep for the week. Stan, you must have two households of kids to look after.
( July 21st, 2012 @ 8:28 pm )
 
On your receiving responses of the caliber of Diane: Don't have the time.

Anyway, that's why I have Diane.

On matters of free men engaging in free markets, I always defer to Diane, unless I want to say it quickly, like now - Obama is a Communist Wannabe, and he should count his days in office, because they have a finite end, and the end will be soon.
( July 21st, 2012 @ 5:20 pm )
 
Canucks? Is that the term for Canadians? Very cute. Canada has given us most of the great comedians of all time !! Second City TV was Canadian and several members of the cast of Saturday Night Live! were from Canada, including Phil Hartman (one of my all-time favorites) and Mike Myers (Who can ever forget Austin Powers !! We quote from those movies every single day in my house !) Canadians must naturally have a helluva sense-of humor. And Canada gave us Bryan Adams, who I personally bumped into in a hotel elevator and is not much taller than me, and Alannis Morissette. For all those reasons, I LOVE Canada.

For a good chunk of my life, I've had nothing but great experiences with the healthcare in this country. I even volunteered in the emergency ward for several years when I was in my early 20's trying to decide if I wanted to go into the medical profession or into cancer research. I chose the latter. But there is no comparison to the emergency rooms of that era and now. And Americans in general have changed. They engage in more violence (emergency rooms are full of trauma patients; at least here in Pitt County), they eat a lot more fast food, they exercise less (because of the computer and video games), and they are larger now. Over 1/3 of all Americans are obese and a good chunk of them are hugely obese. Obesity has grown rapidly since the late 1990's, especially in the south and mid-west states such as Kentucky, Tennessee, Alabama, Louisiana, Arkansas, Iowa Missouri, Texas, Oklahoma, and Kansas. In these states, obesity is the most prevalent. Obesity is highest among blacks and Hispanics are not far behind. These are the groups who are reproducing at the highest rates and those who make up the largest chunk of people living in poverty. Approximately 33% are Hispanic, 25% are black, and 9% are white.

I agree with you that in an ideal world people, are concerned about the well-being of their fellow citizens and would gladly fork over more of their tax dollars to take care of them, but that's not the United States we live in anymore. The dynamics in the country with respect to population and status are changing (as I eluded to above) and there is no feasible way to expect that Americans who work hard can keep up with the demands this brings. This is where religious organizations and other charitable organizations come into play. Government should not legislate charity. It should not FORCE people to surrender their effort and reward to serve others. That is, and I apologize that I have to put it in such terms - slavery. Indentured servitude. Using one person to benefit the other. This is forbidden under the 13 Amendment. The healthcare bill (by its own stated goals) is the forced sacrifice of the young and healthy to serve the benefits of others and therefore legislative slavery. Of course, I exaggerate, but you get the point. We constantly hear that those who make enough should "do their fair share" and pay more and more taxes because too many people are doing without and living in poverty. But the government never asks the poor to do "their fair share" and stop over producing, stay in shape, stop smoking, stay in school, and go to a community college and get some kind of degree or training. If we are supposed to look out for one another, than both sides have to do so.

I also believe as you do that most Americans are an exceptionally industrious people who feel shame when they are unable to support themselves and their loved ones. I firmly believe that most Americans want earned success and want to feel good about themselves. But we all know there are many who feel no such shame. They feel a sense of entitlement rather than a sense of contribution. I've been in high schools where it is clear that students have no intention of trying to learn because they know that a job isn't required to get a check.

It is indeed a shame that we can't do all the things we would like, but again, dynamics are changing. Also, and importantly, the nation was founded on INDIVIDUAL liberty and not on a "guaranteed standard of living." When government provides more than just a temporary safety net, it relieves the individual from his own responsibility over his life and success. It relieves people from the consequences of their conduct, whether it is in not taking education seriously, being sexually active while not married, doing drugs, smoking, or eating poorly and not exercising.

I guess you can tell that I tend to write too much. But finally, I think I will have to agree with you for the most part in your statement that the healthcare decision doesn't really expand the taxing power as profoundly as I led on. Many legal pundits don't think it did at all. I happen to think it set a dangerous precedent to use the taxing power, per se, as Roberts set out, to force people to do as the government wants. I think the decision stands for the bright line rule that the government can do anything it wants, including anything it would have liked to do under the Commerce Clause, by using its taxing power. I also had an issue with him classifying the 'penalty' as an excise tax rather than a direct tax which as you know, would have required the government to apportion among the states according to population. And I was extremely disturbed that Roberts was able to classify the mandate as a tax for Article I purposes but not for the Anti-Injunction Act. It's such legal slight-of-hand that makes it almost impossible to have confidence in the opinion.

But let me tell you why many legal pundits disagree with me (and I do see their point). First, remember during the oral arguments, there was the very brief exchange where all nine justices, and I think even some of the lawyers arguing against the healthcare bill, agreed that the individual mandate could be enforced under the taxing power. But the discussion after that stressed that the government intended the "shared responsibility" payment as a penalty and not a tax. And they went into all the evidence of that intent. Second, the dissenting justices even admitted that the "shared responsibility" payment could have been imposed as a tax. But the problem conservatives have with the decision is whether the Court had the responsibility to frame the bill in terms that the Congress expressly chose not to. Here is what the dissent wrote: “Of course in many cases, what was a regulatory mandate enforced by a penalty could have been imposed as a tax upon permissible action, or what was imposed as a tax upon permissible action could have been a regulatory mandate enforced by a penalty. . . . The issue [here] is not whether Congress had the power to frame the minimum-coverage provision as a tax, but whether it did so." In other words, the fight among the justices was not an epic struggle regarding the extent of the taxation power. It was a rather mundane fight over statutory interpretation, and whether the mandate, as written, could be construed as a tax or not.

The problem with the Court trying to save the Individual Mandate by phrasing it as a "tax" is that the healthcare bill - and specifically, the Individual Mandate - would surely have never passed Congress if it had been expressly framed as a tax.

Well, I think I've bloviated enough here.

Cheers, Friend.

By the way, being a Canuck, do you also happen to have a keen sense of humor? I can't tell from our discourse!
( July 21st, 2012 @ 2:38 pm )
 
Diane, I'm unclear as to how the court's decision has enlarged or broadened the government's taxing power. It seems to have simply confirmed this power and applied it to the "penalty" associated with Obamacare. I don't agree with the notion that our government is simply providing "free stuff" to its citizens through Obamacare and other social program. We contribute to these programs when possible and receive their benefits when in need. I realize this sounds remarkably similar to the Socialist credo of "to each according to his needs and from each according to his ability." However, it is not being applied to our nation's entire economic system. Rather, it is being applied in selective ways to ensure the well-being of the American people.

I also disagree with the notion that Americans prefer government "handouts" over contributing to society and supporting themselves. I believe Americans are an exceptionally industrious people who feel shame when they are unable to support themselves and their loved ones.

With regards to Canadian healthcare, I come from a very long line of Canucks. We've had many discussions concerning the merits and deficiencies of healthcare in both countries. Among those who have lived on both sides of the border, a preference for the Canadian system was shared by all. Similarly, I have a friend (also an attorney) who married a French citizen. She lived in Paris for six years and developed a strong preference for their approach to healthcare.

Your experiences with American healthcare have obviously been dismal. To be completely honest, I have never had cause for complaint. My oldest son has been to the hospital (Children's Healthcare of Atlanta) twice in the last three years, once for a broken arm and once for appendicitis. The treatment he received was excellent in both cases. While we paid next to nothing for medical procedures, I did have the opportunity to see the bills prior to payment by Cigna. They were astounding.

I also want to make it perfectly clear that my reference to your "gray matter" was intended to be tongue-in-cheek. Your article and all subsequent responses have been exceptional in every way and I applaud your reasoning and courtesy. The "venomous" tone was certainly uncalled for and was a holdover from my reaction to Stan's dismissive and condescending tone throughout our facebook discussion.

You've done an extraordinary job defending your views. Now, if I could receive responses of the same caliber from Alicia and Stan we could actually move a couple of conversations forward. Cheers, Comrade.
( July 21st, 2012 @ 1:59 pm )
 
Now there you go. That's how we should all play in the sandbox.
( July 21st, 2012 @ 11:38 am )
 
Michael,
I wish it were as easy as you say. I wish Congress can just repeal the bill and this whole "universal healthcare" exercise can go away. But even if Congress were to repeal the bill or defund it, and we escape the "shared responsibility" payment, the newly-enlarged taxing POWER has been engrained in jurisprudence. At some point, the government will summon those powers to so something equally as insidious.

Just look at the government's case on the Commerce Clause. It referenced a case from 1942 (Wickard v. Filburn), the case which took the most liberal view of the Commerce Clause possible. Look at the government's powers post 9/11 where it now claims the power to label Americans as enemy-combatants and therefore indefinitely detain them and even kill them (that is, deny them habeas corpus and other fundamental rights enshrined in the Bill of Rights). It reached back to an obscure case from 1942 (Ex parte Quirin) where the Supreme Court was made up of justices hand-picked by the ultra liberal FDR which gave the president that authority. Although the facts of that case showed that the accused were, for all intents and purposes, trained Nazi agents who infiltrated Long Island for the express purposes of blowing up strategic sites (one claiming to have dual citizenship though), the Bush administration sought to extend the power to American citizens. That was also the same court that upheld the mass internment of Japanese citizens during WWII (still good law, by the way, because it's still on the books and not overturned). 4 justices on the Supreme Court today want very badly to take away the second amendment rights to own and possess guns from individuals and hand the power of gun control to the government. Despite the volumes and volumes of direct authority to show the right has always intended to be an individual right (for both personal protection and to protect against a tyrannical government), those 4 justices have aligned themselves behind a totally obscure Texas Supreme Court decision (not even US Supreme Court !!) that says it is only a collective right - only when men are called up in a militia. That Texas decision, by the way, is merely the ramblings of the judge and is based on NO legal authority or historical record. My point is that no Supreme Court decision should be taken lightly. To get rid of them, the Court itself must over-rule them.

You are right that we need to address the healthcare problem. But the problem is that fundamental reform is needed. Tort reform, for example, is one area that Congressional democrats refuse to entertain. Lawyers represent a huge lobby and donate lots of money to campaigns. I'm a lawyer and although it hurts me to say it, they notoriously look to financially benefit from other's misfortunes. This results in huge malpractice insurance premiums which not only limits the # of doctors in the particular specialty but forces doctors to pass those costs into his services. The huge numbers of immigrants and illegals that use the emergency room for basic health services are an enormous impact on our system. In the past 3 years, I've had to take my children on two occasions in the middle of the night to the emergency room - my eldest daughter felt intense pressure on her chest and couldn't breathe and my 8-yr-old son was doubled over in intense pain (it was a kidney stone). One occasion was in Greenville and the other when we were visiting in Wilmington. NC. On both occasions, not only did I have to be screened for guns and knives before I entered the emergency room, I had to wait for several hours. With my daughter it was over 5 hours. Both times the emergency room was overwhelmingly populated with Hispanics. (According to NC immigration groups, such as NCFIRE and Immigration Coalition, 1/2 - 1/3 of all Hispanics in the state are illegal). This is not to be mean or discriminatory, but just to make a point that there are factors within the power of the government that could be addressed to bring down the cost of healthcare.

Another factor lies within the notion of personal responsibility. And let me reference what Chief Justice Roberts himself had to say in the decision. Roberts emphasized that many Americans eat fast food and otherwise have a bad diet. This group makes up a larger percentage of the total population than those without health insurance. The failure of this group to have a healthy diet increases healthcare costs to a greater extent than the failure of the uninsured to purchase insurance. The data is clear that this group pays only a small fraction of the costs themselves associated with their behaviors. The point is that people often fail to do things that would be good for them or good for society, as Roberts wrote, because they know they aren't forced to pay the consequences. Sure, those failures - joined with the similar failures of others - can easily have a substantial effect on heathcare costs.

The sad thing, and the frustrating thing, is that the most "just" solution is never the one the government pursues because of political pay-offs and the need to "provide free stuff" to voting blocs.

I imagine that you and I will continue to push our opinions so that, as Thomas Jefferson envisioned, the "marketplace of ideas" will be well-represented and people can make the most informed decisions.
( July 21st, 2012 @ 9:40 am )
 
Diane, your response is thoughtful and eloquent. However, I believe it is you who fails to understand the enormity of the court's decision. It has clearly labeled the penalty as a tax. It can therefore be repealed by our elected representatives. As for the rest, you seem be saying that the states can't afford to not comply with Obamacare. They can, however, focus their efforts on it's ultimate demise through the repeal of the newly labeled tax. This is a cumbersome but democratic process. Should Obamacare ultimately be repealed, we will continue to pay for the uninsured through outrageously inflated medical costs. I don't believe your response addresses this issue. The young and healthy are already required to contribute to Social Security. I assume you are also opposed to this as it represents "big government's" intrusion into your personal affairs. I remember another individual who frequently spoke of the insidious federal government and its evil ways. His name was Timothy McVeigh. Diane, you are undoubtedly well-informed. Unfortunately, I question the integrity of the sources to which you obviously turn for information. As you undoubtedly question the integrity of those to which I turn. So we'll always be at a stalemate. We live in a democracy which continually tries the patience of both sides of this debate. Continue to participate and I will do the same.
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