LEARN MORE ABOUT US 

 

 

| Front page | Next page »

Limited Government

Fiscal Responsibility

Personal Responsibility

Rule of Law

National Sovereignty

Rep. Hensarling Op-Ed: The TARP Trap
It's time to shut down the temporary bailout package

Forbes, Sep 30 - By Congressman Jeb Hensarling

One year ago this week, Congress created the $700 billion Troubled Asset Relief Program, or TARP. In my role as chairman of the Republican Study Committee, the House's 100-plus member conservative caucus, I helped lead the opposition to TARP while co-authoring an alternative that did not carry the day. After TARP's passage, I was appointed to the five-member Congressional Oversight Panel for the program. Thus, I have had the opportunity to closely examine TARP's past, monitor its present and contemplate its future.

Economists and historians will continue to debate the impact of TARP last year, and it is most certainly difficult to separate its impact vs. the Federal Reserve's much larger intervention in our economy. The good news is that within a couple of months of TARP's passage, credit spreads returned to more normal levels, the equity markets rose and the panic we felt in September 2008 passed. The bad news is that the economy continues to contract, we have high unemployment, too much investment capital remains on the sidelines and we are amassing a level of debt unheard of in our nation.

Despite TARP's origin as an emergency program intended to foster financial stability, it has now morphed into a $700 billion revolving bailout fund for the administration. TARP was clearly misused by the Bush administration when it was tapped to finance the Chrysler and GM bailouts; they are obviously not "financial institutions" under the law. They were simply judged to be politically "too big to fail." TARP was misused once again to force unprecedented bankruptcy reorganization plans upon GM and Chrysler creditors. Under the Obama administration's plan, bondholders who were owed far more than the United Auto Workers (UAW) trade union received substantially less than the union did. In the Chrysler case, the UAW was awarded ownership of the company.

This unequal treatment defies every American concept of the rule of law and has been criticized by leading bankruptcy scholars from New York University, Harvard and the Universities of Pennsylvania and Chicago. The UAW is a close political ally of the current administration. Bondholders--including pension funds, investment firms and many struggling middle-income workers trying to fund their 401K plans--apparently are not. Warren Buffett commented that, "If priorities don't mean anything, that's going to disrupt lending practices." He is right.

Furthermore, in the Chrysler case, the Italian carmaker Fiat ( FIATY.PK - news - people ), which was owed nothing, will get up to 35% of the company if it provides Chrysler with the capability to domestically produce cars that have fuel efficiency of 40 miles per gallon. That provision of the taxpayer-financed reorganization plan has everything to do with using TARP to advance President Obama's agenda on global warming. It has nothing to do with financial stability or taxpayer protection as written in the original law.

Today, including the auto bailout and capital infusion programs, TARP consists of eight major programs, among them schemes designed to mitigate foreclosures, lend to small business and remove toxic assets from the balance sheets of various companies. The administration has defined no success metrics for these programs, much less any exit strategies. They defy oversight. None appear successful and all remain costly.

Regardless of its value last year, TARP today is proving costly in both precedent-setting and taxpayer dollars. For these reasons, I authored the TARP Repayment and Termination Act of 2009 (H.R. 2745), which would terminate the TARP program on Dec. 31, and not a moment too soon. It would allow all "safe and sound" recipients of TARP funds to repay their TARP loans without seeking Treasury approval. And it would ensure that those funds are not used to advantage government-favored businesses, but are instead used to help hard-pressed taxpayers by returning them to the Treasury for deficit reduction.

Some may question whether the credit crisis has truly passed and debate how we should respond going forward. Yes, we remain in serious recession. However, the administration conducted stress tests of our largest financial institutions. The results were largely positive. Major banks are successfully raising funds in our capital markets. In other words, investors' voluntary contributions could replace the caprice of bureaucrats and the involuntary contributions of taxpayers. Furthermore, the Federal Reserve clearly retains its Section 13(3) emergency powers and Congress can always respond with remedial legislation.

Millions of hardworking Americans have lost their jobs as a result of this crisis. But no nation can bail out, borrow and spend its way to prosperity. Nor should the federal government be forever empowered to politicize our economy by picking the winners and losers among us. You cannot have capitalism on the way up and socialism on the way down. It is time to terminate TARP and allow voluntary investment, fiscal discipline and the spirit of American entrepreneurship to be unleashed.

Online: Forbes

This is the part above the fold

This is a website of an organization with lots of links (see tab on the site) to information about conservative issues, which is being developed agressively. I believe we can learn from this site and even use this site temporarily until we develop our site. Please let me know what you think. Comment below.

Here's the link: http://www.americansforabetterfuture.org/

The Wall Street Journal

Health 'Reform' Is Income Redistribution

Let's have an honest debate before we transfer more money from young to old.

While many Americans are upset by ObamaCare’s $1 trillion price tag, Congress is contemplating other changes with little analysis or debate. These changes would create a massively unfair form of income redistribution and create incentives for many not to buy health insurance at all.

Let's start with basics: Insurance protects against the risk of something bad happening. When your house is on fire you no longer need protection against risk. You need a fireman and cash to rebuild your home. But suppose the government requires insurers to sell you fire "insurance" while your house is on fire and says you can pay the same premium as people whose houses are not on fire. The result would be that few homeowners would buy insurance until their houses were on fire.

The same could happen under health insurance reform. Here's how: President Obama proposes to require insurers to sell policies to everyone no matter what their health status. By itself this requirement, called "guaranteed issue," would just mean that insurers would charge predictably sick people the extremely high insurance premiums that reflect their future expected costs. But if Congress adds another requirement, called "community rating," insurers' ability to charge higher premiums for higher risks will be sharply limited.

Thus a healthy 25-year-old and a 55-year-old with cancer would pay nearly the same premium for a health policy. Mr. Obama and his allies emphasize the benefits for the 55-year old. But the 25-year-old, who may also have a lower income, would pay significantly more than needed to cover his expected costs.

Like the homeowner who waits until his house is on fire to buy insurance, younger, poorer, healthier workers will rationally choose to avoid paying high premiums now to subsidize insurance for someone else. After all, they can always get a policy if they get sick.

To avoid this outcome, most congressional Democrats and some Republicans would combine guaranteed issue and community rating with the requirement that all workers buy health insurance—that is, an "individual mandate." This solves the incentive problem, and guarantees that both the healthy poor 25-year-old and the sick higher-income 55-year-old have heath insurance.

But the combination of a guaranteed issue, community rating and an individual mandate means that younger, healthier, lower-income earners would be forced to subsidize older, sicker, higher-income earners. And because these subsidies are buried within health-insurance premiums, the massive income redistribution is hidden from public view and not debated.

If Congress goes down this road, health insurance premiums will increase dramatically for the overwhelming majority of people. Even if Congress mandates that everyone have health insurance, many will choose to go without and pay the tax penalty. If you think people are dissatisfied with health care now, wait until they understand that Congress voted to mandate hidden premium increases and lower wages.

There are wiser and more equitable ways to ensure that every American has access to affordable health insurance. Policy experts and state policy makers have experimented with different solutions, including high risk pools and taxpayer-funded vouchers subsidized for those who are both poor and sick. Medicaid, charity care, and uncompensated care provided by hospitals cover some of these costs today.

These solutions are imperfect, but so are the reforms being proposed in Congress. Congress should be explicit about who will pay more under its plans.

Mr. Leavitt, former secretary of Health and Human Services (2005-2009), has served as the administrator of the Environmental Protection Agency and a governor of Utah (1993-2003). Mr. Hubbard (2005-2007) and Mr. Hennessey (2008) served as directors of the White House National Economic Council.

Copyright 2009 Dow Jones & Company, Inc. All Rights Reserved

This copy is for your personal, non-commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit

www.djreprints.com

More In Opinion

 

Health Reform Is Just Subterfuge; Dream Is Democratic Dictatorship
By JOHN F. GASKI | Posted Tuesday, September 22, 2009 4:20 PM PT
By now the realization should be taking hold that the Democrats' health care plan has been exposed as a hoax. And it was the Democrats themselves who discredited and exposed it, but in a very ironic way. Of course, you won't hear this bombshell news reported by Democrat partisans Katie Couric, Charles Gibson and Brian Williams.
 As for the substance, remember the Democrats' original rationale for their national health care takeover scheme? They wanted all uninsured Americans to be covered, right? Remember?
 But now they concede that their mega-upheaval of a plan would still leave about 15 million without medical insurance. Yet they still advocate the plan! Why?
First, a digression: Don't believe that "47 million uninsured" number. That canard is beyond a hoax. It is a fraud and a lie.
For example, it includes at least 10 million illegal aliens (yes, that is the right term for those who enter our country by violating American law) and an additional five million or so legal foreign residents. Those categories are not "uninsured Americans" because they are not Americans.
The notorious 47 million also includes millions of wealthy people who do not purchase medical insurance — rendering themselves self-insured, not uninsured.
The biggest deceptions of all may be counting a large cohort of the young and vigorous who make the rational cost/benefit decision not to buy medical insurance yet, and several million others who qualify for free insurance and just don't bother to sign up!
Bottom line, subtract out the un-uninsured and other inapplicable categories and the true number of Americans without health insurance is somewhere around 7 million, maybe 10 million conservatively (compared with 15 million after Democrat "reform"?). Google the issue for about 10 minutes to verify.
Another way the Democrats inadvertently reveal their own national health insurance dishonesty is through infidelity to a second objective — cost control.
Remember that one? They are hoping you don't, especially since the Congressional Budget Office has reported that the Obama-Democrat scheme would add $1 trillion to the national health tab over the next decade. Yet the Dems still want their plan. Why?
Why, indeed? It must be something else, therefore. If their own action undermines their stated aims, and still they desperately favor the action, then the Democrats' real purpose must be something different, something they will not reveal. But what? Simple:
Have you noticed how the Washington Democrats like to take control of things, particularly big things in the economy such as the major banks and the auto industry, as well as health care?
(Obama has realized he doesn't have to literally own the banks to control them. He can, instead, achieve control through bank dependence on TARP money and through his own coercion and intimidation. Step out of line, that is, and a bank will be publicly vilified by Barney Frank and other operatives, and maybe even have its executives prosecuted.)
When American business, American jobs and the American people become totally dependent on Obama and the Democrats for money and credit, including student loans for good measure, how much power will that give the Obama Democrats over our country?
The portrait coming into focus is one of either totalitarian socialism or an unholy socialist hybrid with fascism. And when you are dependent on the decision of a Democrat bureaucrat for crucial medical treatment, how much power does that give the Democrats over you?
(Do you suppose party registration or political contributions might enter the bureaucrats' calculus? Recall how, in the GM reorganization, the Dems axed profitable dealers who were known to be Republican.)
When the Democrats achieve literal death-grip power over the lives of all our people, that is when they also achieve their long-cherished dream of absolute power and a Democrat dictatorship.
Dictatorship in a virtual one-party state is the correct forecast because our present rulers can never be voted out of national power after they grant amnesty to the millions of illegal aliens, who would promptly be registered as mostly Democrat voters by Acorn!
Now do you see what the real scheme is? Now does it all make sense? This is not your father's Democrat party. This is also not about health care, ultimately. It's about raw political power and the long-promised socialist takeover of the United States.
No public option, they now suggest? Don't believe it. They'll create a public option, soon to become the only option, by stealth — a kind of Fannie-Freddie co-op, because government control, in this case medical dictatorship, is an article of theology for the lib Dems.
We do not have a health care crisis in this country — because everyone already gets health care. It is just that some rely on the emergency room as their private medical services provider, so the system is inefficient and definitely too expensive overall.
We do have a health insurance problem, and a health care cost crisis, but not a national health care crisis. And both real problems are readily manageable if the Dems would only allow it.
We need to permit and foster interstate insurance competition, medical savings accounts and tort reform to help reduce costs, and tax credits for health insurance purchase to expand coverage — from about 98% of the population, in reality, to closer to 100%. Those numbers also help punctuate, and puncture, the true nature of the liberal Democrats' health hoax.
Incidentally, or not, despite the Democrats' fumbling of this whole issue, the Republicans are succumbing to their opponents' red herring, straw man, jiu-jitsu diversionary misdirection on the "death panels" matter. It is not those prospective end-of-life counseling "services" that are the real death panels, although that is a fair term for them.
The real Democrat death panels would be the thousands of politically appointed bureaucrats wielding life-and-death power over our citizenry through their decisions concerning whether to bestow or withhold lifesaving treatment.
This is it, America. This isn't really about a health policy issue; it is about the survival, or takeover, of our nation. If the Dems succeed in cramming their bitter medicine, actually poison, down your throat, the country is finished. It is the town hall protestors who seem to sense this most clearly. I hope the preceding diagnosis and prognosis help, too.
Gaski, an associate professor at the Mendoza College of Business at the University of Notre Dame, has been a registered Democrat for more than 20 years. He is also author of the recently published "Frugal Cool:  How to Get Rich — Without Making Very Much Money" (Corby Books, 2009).

Michael L. Williams

From Wikipedia, the free encyclopedia

Jump to: navigation, search
For other persons of the same name, see Michael Williams (disambiguation)
Michael Williams


In office
January 1999 – Incumbent
Governor George W. Bush, Rick Perry

Born May 31, 1953 (1953-05-31) (age 56)
Nationality American
Political party Republican
Spouse(s) Donna Williams
Alma mater University of Southern California
Religion Roman Catholic

Michael L. Williams (born May 31, 1953) is one of the three members of the elected Texas Railroad Commission, a regulatory body over, not railroads, but the oil and natural gas industries. Williams is currently the highest-ranking African American in statewide Texas politics. He is the first African American to hold a statewide elected executive office in Texas history. He was appointed to the commission by Governor George W. Bush in 1998, and has since won elections in 2000, 2002 and 2008.

Contents

[hide]

[edit] Washington experience

In 1990, U.S. President George H. W. Bush appointed Williams to be Assistant Secretary of Education for Civil Rights (the Office for Civil Rights) at the U.S. Department of Education, a post previously held by U.S. Supreme Court Justice Clarence Thomas.

Previously, Chairman Williams served as Deputy Assistant Secretary for Law Enforcement at the United States Department of the Treasury. In that capacity, he had oversight responsibility for the Federal Law Enforcement Training Center, the U.S. Secret Service, the U.S. Customs Service, the Bureau of Alcohol, Tobacco and Firearms and the Financial Crimes Enforcement Network (August 1989 - June 1990).[citation needed]

He also served as Special Assistant to Attorney General Richard Thornburgh at the United States Department of Justice (January 1988 - June 1989). In 1988, former U.S. Attorney General Edwin Meese awarded Williams the Attorney General’s "Special Achievement Award" for the conviction of six Ku Klux Klan members on federal weapons charges. Williams was a federal prosecutor from 1984-1988 and a former assistant district attorney in his hometown of Midland, Texas.

Michael Williams was one of the speakers at the 2004 Republican National Convention, where he endorsed President George W. Bush. He also spoke at the 2008 Republican National Convention, where he endorsed Senator John McCain for president.

[edit] Commission duties

Williams, the first African American in Texas history to hold an executive statewide elected office, chaired the Railroad Commission from September 1999 to September 2003 and again from June 2007 until present.

He chairs the Governor’s Clean Coal Technology Council and FutureGen Texas represents the governor and the Railroad Commission of Texas on the Southern States Energy Board. On September 14, 2005, Texas governor Rick Perry designated Williams to lead the state's long-term Hurricane Katrina relief efforts. Williams also is the Railroad Commission "point person" for agency regulatory reform and technology modernization efforts.

Williams is the immediate past Honorary State Chairman of Big Brothers Big Sisters of Texas which helps to enrich, encourage, and empower children through safe, positive, one-to-one mentoring relationships.

Before he joined the Railroad Commission, Williams served as general counsel to a Texas-based high-tech corporation. He also has served in a volunteer capacity as the general counsel of the Republican Party of Texas, the chairman of the Texas Juvenile Probation Commission and on the board of directors of the Arlington Chamber of Commerce, the Texas Public Policy Foundation, and Our Mother of Mercy Catholic School.

[edit] Campaigns

Williams effective use of social media tools, earned him Texas Social Media Award.[1]

In 2000, Williams won the two-year unexpired term without Democratic opposition. He defeated the Libertarian Anthony Garcia and the Green Party candidate, Charles L. Mauch. Williams received 3,600,967 votes (77 percent) to Garcia's 740,340 ballots (15.8 percent) and Mauch's 334,706 votes (7.2 percent).

In 2002, Williams won a full six-year term on the commission. He polled 2,407,036 votes (54.8 percent) to 1,821,751 (41.5 percent) for Democrat Sherry Boyles. Two other candidates, including Mauch once again, received a total of 162,482 votes (4.7 percent).[2]

Williams ran for reelection to the Texas Railroad Commission in November 2008. He won the Republican nomination in March 2008 in an unopposed contest. Williams obtained the endorsement of several hundred Republican grassroots leaders across Texas. He was also backed by most members of the State Republican Executive Committee (SREC), more than one hundred county chairmen and both members of the Republican National Committee from Texas.

Ernie Angelo of Midland and Merrie Spaeth of Dallas served as Co-Chairs of the campaign. Angelo is a former mayor of Midland, Williams' hometown, and was also the former Republican National Committeeman from Texas and Ronald W. Reagan state chairman in Texas in the 1976 presidential primary.

Williams declared that he was "humbled and energized" in receiving such broad party support. He vowed to work to "develop new energy sources, create a pro-growth energy policy, control government spending, and produce the next generation of mathematicians, scientists and engineers."[3]

Williams was reelected with 52% of the vote, defeating Democratic candidate Mark Thompson and Libertarian candidate David Floyd.[4]

[edit] Senate Race

On December 16, 2008 Michael Williams announced on a Twitter message that he would seek a position in the United States Senate, due to the current political climate and the possibility of a special election in 2009 to replace sitting senator Kay Bailey Hutchison.[5] If he were to win the seat, he would be the only Black Republican senator and only the second African-American senator with Illinois Democrat Roland Burris.

[edit] Personal life

Williams is the son of public school teachers. He earned a bachelor’s, a master’s and a law degree from the University of Southern California Law School in Los Angeles. He is married to Donna Williams.

Do you have any information about Michael Williams? Let's check him out!

Send any information you have to djstarnes@tx.rr.com and we'll start a topic on the forum.

Here's a speech at the 2008 GOP convention by former railroad commissioner Michael Williams. Laura Ingraham is touting him as the leading conservative candidate for Kay Bailey Hutchinson's U.S. senate seat. We now have the ability to get streaming video. Wait a bit for it to download. Thanks!
Here's the link, if you want to view it on youtube: http://www.youtube.com/watch?v=M73Bts3I6Bs

Pro-Reform Doctors Detest Status Quo And Especially Role Played By Insurers


IBD Exclusive Series:
Condition Critical: What Doctors Think About Health Reform


An IBD/TIPP Poll released earlier this week showed overwhelming opposition among physicians to proposed health care reforms. But that doesn't mean no doctors support them.

By a 2-to-1 margin, the 1,376 physicians who answered our survey, 65% of the total, said "no" to proposed reforms. But that leaves 454, or 33%, who do support them.

How do they feel about reform? And why do they support it?

On Thursday, we let those who oppose Congress' health reforms sound off. Today, it's the supporters' turn. All of the quotes in this story were taken from written responses to our poll.

For those who haven't read the first two installments, the IBD/TIPP Poll was conducted by mail, with questionnaires sent out Aug. 28 to 25,600 doctors nationwide.

The doctor sample was purchased from a list broker. One hundred of those responding were retired, and their answers were excluded from the final results.

Coverage For All

Those in our poll who expressed support for proposed health care reforms cited a number of reasons, ranging from cost control to fairness. Others expressed a deep resentment of insurance companies.

But perhaps the most common sentiment of supporters in favor of a government plan is that it would presumably cover all 46.3 million of those who currently lack insurance.

"We are all one serious illness away from losing our current standard of living," warned one physician. "If people are too ill to work or are laid off, they lose their employer-based benefits."

"Millions of Americans are uninsured and do not have access to health care," added another doctor.

Others were far more blunt in saying what they wanted. "I believe in socialized medicine," one doctor simply said.

A Right, Not A Privilege

Many in the group of supporters suggested that health insurance coverage not be purchased like other goods and services, but rather that it should be accepted as a fundamental right of citizenship.

"Health care is a right," said one doctor, echoing the simple sentiment of many, "not just a privilege." Added another: "The cost of health care is bankrupting our economy. People deserve health care. It is a right!"

"Health care is a basic social service, like fire, police," said still another. "It makes our country stronger to have a strong community."

A related reason given by some was fairness — especially for those who are poor or lack insurance. "The poor half of the population gets poor treatment," said one doctor, "and the lower fourth of the population gets very poor treatment."

"It's a way out of poverty for the poor," agreed another. "It's a way to better health for the nation."

"The number of uninsured is a disgrace" is how another physician put it. "The future of the world is related to healthy, well-educated children."

Still others couched their support in anti-corporate terms. Many of these expressed deep anger at insurance companies, which often refuse certain medical procedures or drugs to patients — even when they might be helped by them.

That said, in our current health care system, for better or for worse, private insurance companies are the main way that costs are controlled.

Doctors' ire over insurers was almost palpable — especially on the issue of rationing care. Asked why they support health insurance reform, many doctors took the opportunity to unload on insurers.

"Insurance companies already ration care and limit access," one of the doctor respondents said. "A private payer option will provide a 'transparent' bureaucracy that at least the doctors and patients will have a chance of dealing with."

'Corporate Thievery'

One physician railed: "I prefer to accept government inefficiency rather than corporate thievery. We should rid the country of greedy insurance CEOs and all other branches of organized crime."

"Health care for all — stop insurance companies from denying care for pre-existing diagnoses," said another.

"The current health system is not patient-oriented — it is big business and HMOs that run the show and tell doctors what to do," noted a medical professional. "Their profits paint the picture."

"Private insurance companies interfere with medical care by denying coverage," yet another doctor said. "Their goal is to increase profits, and they do this by low payments to doctors and hospitals and by denying claims and by refusing to authorize procedures."

"Someone has to break the power of big insurance," another respondent said. "Twenty cents out of every dollar goes to health care, (with) 47 million uninsured and (mortality and morbidity) rates similar to nations spending half as much."

On a related note, "rising health care costs" were cited frequently as a main reason for supporting reform — even though most estimates put the cost of a federally funded health care program over 10 years at $1 trillion or more.

Even the pared-down version released by Sen. Max Baucus, D-Mont., this week carried a hefty $856 billion price tag.

Today the U.S. spends roughly $2.3 trillion on health care. Roughly 47% of that is already controlled by the government, which runs the Medicare, Medicaid, Veterans Administration and S-Chip programs.

Yet, with costs rising much faster than inflation, some doctors felt only government could control spending.

"Ethically, I support universal coverage," said one caregiver. "We need to get some constraints on runaway use of technology, referrals (and) waste. (We need) priorities in spending."

"It will cover the 45 million Americans who are uninsured and will bring down costs and the national deficit in the long term," was how one doctor saw it.

"Private insurers/administrative costs are 30% of health care costs," one reform supporter said. "(We) need a unified, nationalized complete overhaul of the entire system. ... Our current system violates the civil rights of the poor and the sick."

For some, the deficiencies of the current mixed system far outweigh the uncertainties of letting the government take over the remainder of the private health care system.

"Nobody knows what the play will be," said one doctor. "But we absolutely need to do something."

Rationing

Others noted that cost controls were inevitable and necessary, no matter what the system. That means rationing is inevitable.

"The current system of rationing health care is arbitrary and irrational," said one respondent. "(It) leads to greater morbidity and mortality, negatively affects productivity and GDP, (and) handicaps U.S. companies in global markets."

"The current system is imploding on itself," groused another doctor. "Thirty years of cost shifting to cover noncompensated care has resulted in no one knowing what any given service actually costs."

Another cited "too many uninsured people, pre-existing-conditions limits, lack of portability and too much insurance company profits" as signs that "private industry has failed."

Others, in effect, just threw up their hands over the current system.

"Any change has to be better than what we have now," said one in this camp.

IBD systematically went through all 1,295 written responses to our survey. We were struck by the sincerity of both sides of the physicians' debate. But the differences between the two camps were wide.

Source: Americans for a Better Future website:

 

http://www.americansforabetterfuture.org/SearchResults.asp?Cat=23

Following is information on the healthcare bills under consideration.
 
HR 3200 Summary - This is a 20-page summary of H.R.3200, the healthcare bill in the House of Representatives.  (You can view or download.)

HR3200 Full Text - This is the full 1800 page text of H.R.3200 which was passed in several committees in the House.  (You can view or download.)

HR 3200 TOC - This is a detailed Table of Contents of HR 3200, showing all sections in the bill with page numbers.  (You can view or download.)

Max Baucus America's Healthy Future Act - This is the bill just introduced by Max Baucus as the America's Health Future Act.  (You can view or download.)

Is Health Care Reform Constitutional?
By INVESTOR'S BUSINESS DAILY | Posted Wednesday, September 16, 2009 4:20 PM PT
Federal Powers: Where in the U.S. Constitution does it say the government can force people to buy health insurance? And by what authority does it prohibit the purchasing of insurance across state lines?
IBD Exclusive Series: Government-Run Healthcare: A Prescription For Failure

A key part of the administration's plan to reform health care is what is called the "individual mandate" — a requirement that everyone must have health insurance either through his or her employer or purchased individually.
A good chunk of the uninsured are that way of their own volition. They are young and healthy and feel they have better things to do with their money at this point in their lives. Forcing them is the only way to get them covered, but it's not clear where the constitutional authority to do that comes from.
The Constitution specifically enumerates the powers given to each branch of government and says that any powers not mentioned revert to the states and to the people. Nowhere does it say that the feds can compel you to buy health insurance. But then, this is the administration that claims the right to a de facto nationalization of the banking system and auto industry, to set executive compensation and to fire corporate officers.
With regard to health care reform, the administration seems to be operating under a distorted version of the Commerce Clause that has been grossly misinterpreted over the years as allowing the feds to regulate and control just about everything. Because the sum total of millions of individual health decisions has a collective economic impact, the reasoning goes, government has the authority, even the duty, to regulate those decisions. It does not.
Former New Jersey Superior Court Judge Andrew Napolitano, a constitutional scholar now a Fox News analyst, says the power to "regulate" interstate commerce is just that and only that. He says that when James Madison used the word "regulate," he meant "to keep regular." Madison intended the government to function like a modern-day referee in football — to throw a flag once in a while and moderate disputes, but not call the plays.
The irony here, says Napolitano, is that at the same time the government wants to force people to buy insurance, it forbids them from doing so across state lines. In other words, he says, "Congress refuses to keep commerce regular when the commercial activity is the sale of insurance, but claims it can regulate the removal of a person's appendix because that constitutes interstate commerce."
David B. Rivkin Jr. and Lee A. Casey, who served in the Justice Department under both Presidents Ronald Reagan and George H. W. Bush, wrote in the Washington Post that in United States vs. Lopez in 1995, the U.S. Supreme Court ruled that Congress can only regulate human activity that is truly commercial at its core. One does not go to a doctor to engage in commercial activity.
The Commerce Clause allows for the regulation of economic activity across state lines that involves the production, distribution or consumption of commodities. The Supreme Court has specifically rejected the idea that Congress can regulate noneconomic activities simply because through a chain of collective events they might have some impact down the road.
The government does not have the power to regulate individual Americans simply because they are there and you think their individual decisions are unwise. There are other concerns, such as whether the mass collection of medical records violates the Fourth Amendment's right of people "to be secure in their persons, houses, papers and effects."
The states are starting to rebel. In July, Texas Gov. Rick Perry indicated that he might join those invoking the 10th Amendment to fight a federal takeover of health care. "I think you'll hear states and and governors standing up and saying 'no' to this type of encroachment on the states with their health care," Perry said.
If passed into law, the House's health care reform plan will be tested. We hope the Supreme Court will once again find that H.R. 3200, and any bill like it that imposes similar mandates, violates the Constitution.

Speaking Of Misinformation

By INVESTOR'S BUSINESS DAILY | Posted Friday, September 11, 2009 4:20 PM PT

Reform: Millions of Americans finally got to hear the Democrats' pitch on health care reform, made by their top salesman. But they heard nothing new — just a lot of discredited myths recycled as the truth.


IBD Exclusive Series: Government-Run Healthcare: A Prescription For Failure


For the record, we support improving our health care system. As is, it has too many rules, too much government spending and too few market forces to keep costs low and quality high.

We spend north of $2 trillion every year on health care — 17% of our GDP, the most of any wealthy nation. If that sounds like a lot, remember this: An estimated 47% of that already is spent by the government. And government's share will grow even without "reform."

Look closely at the plans so far to emerge from Congress. What the Democrats have proposed, in essence, is a government takeover of nearly one-fifth of our nation's economy. When brought up in Congress, this idea has been rejected repeatedly. Yet, somehow, the idea never dies.

That's why the president's speech Wednesday night was a big disappointment.

Rather than a breakthrough that would remove government's stranglehold on a once-healthy market and move us toward true reform, we heard a lot of old bromides and myths — things we just can't let go uncorrected. Too much is at stake.

So following are 15 of the biggest misconceptions — and there are many more, we assure you — that we found in the speech:

• "The uninsured . . . live every day just one accident or illness away from bankruptcy. These are not primarily people on welfare."

Actually, of the 46 million people the census estimates don't have insurance, some 20 million have incomes above average and could afford to buy it, according to a study by former Congressional Budget Office Director June O'Neill.

Of the remaining 26 million uninsured, an estimated 13.7 million are poor. They are eligible for Medicaid — the state health care programs for the poor. But many, too, are illegals — about 8 million.

Though they're eligible, research from the Blue Cross and Blue Shield Association suggests as many as 14 million uninsured Americans qualify for public coverage, but don't enroll. And as many as 6 million are enrolled, but don't report it to the government, according to the National Center for Policy Analysis.

That leaves about 5 million people with no care.

By the way, according to the Census Bureau, America now has 37 million people in poverty. But Medicaid enrollment covers 55 million people — at a cost of $350 billion a year.

Based on this, no one should be without care. Which leads us to wonder: Is nationalizing our health care system really necessary to take care of people who already have care available to them?

• "Many other Americans . . . are still denied insurance due to previous illnesses or conditions that insurance companies decide are too risky or expensive to cover."

This statement betrays a profound ignorance of what insurance is. If you can buy insurance after you've gotten sick, it's not really insurance, is it? And why have insurance at all? It's an incentive to simply wait until you get sick, then make someone else pay for it.

To see how absurd this is, let's take the same concept to auto insurance. Why not let people buy insurance after they get in an accident? One reason, of course, is it leads to fiscal and personal recklessness.

• "There are now more than 30 million American citizens who cannot get coverage . . . every day, 14,000 Americans lose their coverage."

As noted above, the bulk of the 30-plus million uninsured actually can get coverage — and in many cases, qualify for existing government programs. But how about 14,000 Americans losing their coverage each day? A little math shows this is just a scare statistic.

Multiply it out, and it comes to 5.1 million people losing coverage in a year. Sound scary? Consider that, according to the census, 46.3 million Americans don't currently have insurance — 600,000 more than last year. That means that, along with 14,000 Americans losing their coverage each day, another 12,400 Americans are signing up for it — even in the middle of a brutal recession.

Those who lose insurance do so usually because they've lost a job. Most are without insurance for a couple of months or so. The best way to boost the number of insured — and one that "costs" nothing — is to cut taxes, ease regulations and slash government spending. Those policies are all proven job creators.

• "We spend one-and-a-half times more per person on health care than any other country, but we aren't any healthier for it."

This is a non sequitur. We spend one and a half times more per person, true. But because our health care here is better. That's right — better. True, our life expectancy of 78.1 years — which is up sharply from just a decade ago — ranks us 30th in the world in longevity. But look a little closer at the data.

The U.S. homicide rate is two to three times higher than in other industrial nations. And we drive a lot more than others, so our auto fatality rate of 14.24 deaths per 100,000 people is higher than in Germany (6.19), France (7.4) or Canada (9.25). Add to this, we eat far more than other countries on average, contributing to higher levels of heart disease, stroke, diabetes and cancer.

When all those factors are figured in, according to a recent study by Robert Ohsfeldt of Texas A&M and John Schneider of the University of Iowa, Americans actually live longer than people in other countries — thanks mainly to our excellent health care.

• Rising health care premiums are "why American businesses that compete internationally — like our automakers — are at a huge disadvantage."

Well, right and wrong. Soaring health care premiums are a problem for some. But who's to blame for this? Government health care programs, which make up 47% of all health care spending, are the biggest drivers of rising insurance premiums.

For example, Medicare forces doctors and hospitals to give patients 20% to 30% discounts on their care and drugs. Sounds great. But who pays for the "discount"? Private insurers, that's who. And they pass it on to businesses. This is yet another case of government causing a problem, then blaming the victim.

Even so, in some industries health care premiums are an enormous problem and competitive liability. This is certainly true of the auto and steel industries. But they have no one to blame but themselves.

They gave gold-plated benefit packages to their unions during the fat times, and now that times are lean, want us — taxpayers — to make good on their extravagant promises.

This is why so many big businesses support nationalized health care. It bails them out of their own bad decisions — and by those imposed by government. Just last week a congressional oversight panel announced that taxpayers were unlikely to recoup much of the $81 billion they spent to bail out GM and Chrysler. That's another indirect health care tax your children and grandchildren will have to pay.

• "Finally, our health care system is placing an unsustainable burden on taxpayers. . . . If we do nothing to slow these skyrocketing costs, we will eventually be spending more on Medicare and Medicaid than every other government program combined."

Are we supposed to believe that adding more government will bring down government costs?

Medicare is already spending more than it is taking in through payroll taxes. Medicare trustees expect the Hospital Insurance Trust Fund part of the program to be insolvent by 2019. From now through 2017, it will need $342 billion of taxpayers' money in order to keep paying hospital insurance benefits alone. Over the next 50 years or so, Medicare's shortfall is expected to hit $37 trillion — an almost unbelievable deficit nearly three times our current GDP.

If Medicare has done one thing, it's proved that government programs always cost more than their original projections. Citing the runaway costs of Medicare is an argument against, not for, further government intervention.

• "On the right, there are those who argue that we should end the employer-based system and leave individuals to buy health insurance on their own. . . . I believe it makes more sense to build on what works and fix what doesn't, rather than try to build an entirely new system from scratch."

Discouraging employer-based coverage and encouraging individuals to buy their own insurance would help. But only if lawmakers make two real reforms, neither requiring a "new system from scratch."

First, Washington must give tax credits for premiums paid on individual policies. That would make them more affordable for more people. Second, Washington has to make it easier for Americans to have health savings accounts. HSAs hold costs down because account holders self-ration treatment. They also give people more control over their health care.

• "Nothing in this plan will require you or your employer to change the coverage or the doctor you have."

Shawn Tully, Fortune editor at large, dug into the legislation and found that for "Americans in large corporations, 'keeping your own plan' has a strict deadline. In five years, like it or not, you'll get dumped into the exchange," a government program in which heavily regulated private companies sell insurance policies.

Workers who buy their own insurance or begin coverage through small businesses will also be forced into the exchange if their plans change in any way, because it's then considered a new plan. Since plans generally change policies every year, Tully says, "it's likely that millions of employees will lose their plans in 12 months."

According to a July study by the Lewin Group and the Heritage Foundation, health reform could cause as many as 88 million Americans to lose their private, employer-based coverage.

• "If you lose your job or change your job, you will be able to get coverage. If you strike out on your own and start a small business, you will be able to get coverage. We will do this by creating a new insurance exchange."

The president says this is "a marketplace where individuals and small businesses will be able to shop for health insurance at competitive prices." But it won't be a real marketplace. Participating insurers will be saddled with a host of mandates. Those that don't like the regulations will be left out. There'll be little room for competition.

The Cato Institute's Michael Tanner has said that "in practice, at least as demonstrated in Massachusetts," an exchange "can quickly devolve into a regulatory body."

• "Some of people's concerns have grown out of bogus claims . . . The best example is . . . that we plan to set up panels of bureaucrats with the power to kill off senior citizens. . . . It is a lie, plain and simple."

As far as we know, there is no provision for a death panel buried in the 1,018-page bill. But we do know how Dr. Ezekiel Emanuel, the administration's health care czar, feels about treating those who need the most help.

"When the worse-off can benefit only slightly while better-off people could benefit greatly, allocating (treatment) to the better-off is often justifiable."

So the federal government won't be actively killing the old and the sick. It will just let them die by denying them the care that will supposedly be available to every American.

• "There are those who also claim that our reform effort will insure illegal immigrants. This, too, is false — the reforms I'm proposing would not apply to those who are here illegally."

Tough words are one thing, enforcement is another. As IBD's Sean Higgins reported last week: "Some independent analysis indicates — contrary to Obama's claim — that the House health bill could result in coverage being extended to illegal immigrants."

It starts with the mandate for everyone to buy insurance, including illegals. Their choices will be presumably through the "exchange," and they won't be eligible for subsidies to buy. But the non-partisan Congressional Research Service warns there's no verification mechanism. An amendment by GOP Rep. Dean Heller of Nevada, to use electronic immigration records to verify eligibility for subsidies, was shot down by Democrats.

Enforcement woes are nothing new. The U.K.'s nationalized system treats as many as a million illegal immigrants a year because eligibility verification at the point of service is nearly impossible. It's now giving up the ghost of trying because illegals have won the right to be treated at taxpayer expense as a "human right." That's brought new waves of "health tourism" as word spreads.

Cabinet officials, such as Labor Secretary Hilda Solis, support union demands to give amnesty to 12 million illegals. If so, they will get public health care. And hospitals that continue to treat illegals through emergency rooms, are reimbursed through Medicaid.

• "My health care proposal has also been attacked by some who oppose reform as a 'government takeover' of the entire health care system . . . Unfortunately, in 34 states, 75% of the insurance market is controlled by five or fewer companies. . . Without competition, the price of insurance goes up and the quality goes down."

Obama is right about limited numbers of insurers in states. They're the last ones able to survive the layers of bureaucratic mandates and regulations without going bankrupt.

The fastest way to create choice for consumers isn't by adding a government option, but by breaking down trade barriers across state lines. By letting citizens buy insurance from any state, a truly competitive market can develop, with choices in coverage, service and price. It would be far better if each American could buy health insurance from any of the nation's 1,300 insurers, not just a handful in their own states.

• "Despite all this, some . . . argue that these private (insurance) companies can't fairly compete with the government. And they'd be right if taxpayers were subsidizing this public option. But they won't be. . . . (The public option) would . . . keep pressure on private insurers to keep their policies affordable and treat their customers better . . ."

When the government acts as both producer and regulator of its own and everyone else's products, the playing field is tilted because there's a basic conflict of interest. It's also a recipe for cronyism and corruption. Witness Fannie Mae and Freddie Mac.

We looked at the after-tax margins of some big health insurers over the last 12 months. Here's what we found: Among HMOs, Humana, 3.1%. Cigna, 4%. Wellpoint, 5%. United Health Group, 4.4%. Broader health insurers, like Unum (8.6% after-tax margin) and AFLAC (12.3%), do a bit better.

The point is, these are not outrageous profits. And the health care industry's $13 billion in 2008 profits pale in comparison to the $65 billion in annual fraud in Medicare alone.

• "I will not sign a plan that adds one dime to our deficits — either now or in the future. Period. And to prove that I'm serious, there will be a provision in this plan that requires us to come forward with more spending cuts if the savings we promised don't materialize."

From the folks who brought us a $10 trillion deficit over the next decade, that's hard to swallow. The White House has assured us the public option would be funded by premiums. So, it's hard to know what he means by savings or spending cuts.

Although Medicare and Medicaid, are slated for $313 billion in cuts, the government has yet to eliminate the $65 billion or so that goes to waste and fraud. They don't need health reform to do that, they can do it now.

• "The only thing this plan would eliminate is the hundreds of billions of dollars in waste and fraud as well as unwarranted subsidies in Medicare that go to insurance companies — subsidies that do everything to pad their profits and nothing to improve your care."

Speaking of waste and fraud, as we said, why can't it be done today instead of waiting for some health care reform bill to pass? The president proposes $313 billion in Medicaid and Medicare cuts, saying $110 billion would come from reducing scheduled increases in Medicare payments.

"That would encourage health care providers to increase productivity," White House budget director Peter Orszag told reporters. $110 billion would come from ending payments to hospitals to treat uninsured patients. But much of that comes from treating illegals, who aren't supposed to be eligible for the public option.

Another $75 billion would come from "better pricing of Medicare drugs," Orszag said.

What he doesn't get is that some $10 billion of Medicare funding goes to dubious expenditures like hospitals padding bills because they are paid too little and must make up lost revenue in volume.

Cutting payments more means more padding, as the Mayo Clinic has warned. That means rationing. The Democrats' plan may not be explicitly mean to ration, but not paying a fair and market-determined price for services will ensure less of it for patients.

President Obama began his speech by noting it's "been nearly a century since Theodore Roosevelt first called for health reform" and that "nearly every president and Congress, whether Democrat or Republican, has attempted to meet this challenge in some way."

"A bill for comprehensive care reform was first introduced by John Dingell Sr. in 1943," he also pointed out. "Sixty-five years later, his son (Rep. John Dingell, Michigan Democrat now in his 28th term) continues to introduce that same bill at the beginning of each session."

Could it be, we wonder, that the reason why health reform of the kind the Dingells and Democrats have been pushing for 100 years has gone nowhere is that Americans want nothing to do with it? What is it about "No!" that they don't understand?

| Front page | Next page »