Sunday, August 30, 2009
There are many arguments against the government forcing the states and the people to use a particular health care proposal. One that is now just gaining traction is the constitutionality of the government forcing people to accept health care. There are many out there that are making compelling arguments that this administration or any administration is able to force this bill on the people.
I feel the argument the government will use is the commerce clause of the Constitution where the government is allowed to control virtually everything that travels between the states. That means if the medicines, medical utensils, even I suppose ideas come from another state the Feds can control it.
Now, I havebeen studying antitrust laws at work and I believe that these people who are opposing this plan have a point. Under the Sherman and Clayton Acts of the United States code Title 15 nobody is allowed to monopolize or conspire to monopolize any form of industry or trade.
"Section 1. Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine....
Section 2. Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine...."
I believe that under these points laws have already been broken. I'm sure that this will be challenged in the courts, the federal courts and the SCOTUS will have to make the final decision. We will then find out how "stacking the courts" has worked for this government. It is pretty black & white in both cases, If they find a way to color it grey we will know that the people have lost.