Senators Question Mandatory Health Insurance Constitutionality

Scott P. Brown’s win yesterday may be a harbinger of things to come for Obama’s health care reform plan; the idea of universal health insurance first touted in Obama’s platform for change seems to be on the verge of severe change itself. One question Republicans will likely concentrate on at present is whether mandatory private insurance violates the constitution or not.

The shock of a Republican winner in Massachusetts, a traditionally very, blue, very Democratic state is just beginning to be felt. One thing, however, is sure – voters are angry. The Obama administration’s focus on passing health care reform to make affordable health insurance more accessible to masses seems to have caused ire in his constituency. With the effects of the recession still on everyone’s mind, the concentration on health care has hampered Obama’s plans. Now Republicans have the power to impede those exact plans.

Republicans have plenty to discuss. Many Republicans have seen the health care plan from the get-go as a travesty to local governments. It would put a tax burden on small businesses, the rich, as well as unions. The cost of these new taxes may be more of a hindrance than a blessing. Furthermore, Republicans fear it would put Big Brother at the helm.

The big question remains: is mandatory private health insurance constitutional? Democrats cite the case of Social Security, which was approved by the Supreme Court in 1937 as a tax and spending program to provide insurance for the retired. No doubt, Social Security is not the most perfect plan, but has thus far worked.

The only problem with the Social Security argument is that Social Security remains a federal insurance, whereas the proposed Obama insurance is a private affair. American citizens, would essentially, be forced to buy their own private health insurance.

Republicans fear large government interference in the private lives of its citizens. Too much regulation takes away the freedoms of Americans as stated in the Constitution itself. Democrats would argue that it counts as economic activity, which can be regulated by Congress. Others find that argument to be rather flimsy. Where exactly does the Federal government have the authority to force its citizens to buy private insurance? What will the Supreme Court have to say? States already regulate car insurance, but that is on a state-to-state basis.

This is, by no means, a new issue. In November, Republican Senator Tom Coburn of Oregon and Representative John Shadegg of Arizona began a push to force Congress to have to consider the authority of any legislation put forth. The legislation entitled “The Enumerated Powers Act”, has brought with it a large amount of discussion, however not much action.

Senator Obama has many challenges ahead. The Republican win last night indicates that people want a change. The question of the constitutionality of mandatory private health insurance looms. Republicans are expected to press the issue. However, many liberals and progressives have also questioned it. This may prove difficult for any health care reform – at least as it exists now – to succeed. Health care talks in the Senate are expected to come to a close soon.

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