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Section A: General News


Editorial: Is Obamacare constitutional?




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Tracy Joseph Bogert
Guest Column
April 4, 2012 | 1,713 views | 28 comments

In the 2008 presidential campaign, then-candidate Obama stated directly and matter of factly that addressing health-care costs and lack of insurance would be one of the four main concerns of his presidency. He never tried to sneak this by anyone, nor was he ever deceitful about it.

In my personal opinion, the PPACA is a much-needed program because of the skyrocketing costs of health care in this country. Many folks say health costs are rising because of “Obamacare,” when in fact most of the provisions of this act have not even taken effect. The reason prices are going up is because greedy insurers want to rape and pillage the American public before the act goes into complete effect in 2020.

On March 23, 2010, the PPACA was signed into law by President Obama. The PPACA passed in the Senate on Dec. 24, 2009, by a vote of 60-39, with all Democrats and two Independents voting for, and all Republicans voting against. The PPACA passed the House on March 21, 2010, by a vote of 219-212, with 34 Democrats and all 178 Republicans voting against the bill.

There are several key elements to the PPACA, which include a community rating which will require insurance companies to offer the same premium and rates for individuals that are in the same age group and geographical location without regard to pre-existing conditions with the exception of smokers. It also has a mandate which will require individuals who are not covered by insurance through their work or through Medicare or Medicaid to buy insurance on their own or pay a penalty. There is also a requirement that there be no copays, deductibles, or co-insurance -- in essence, free preventive care.

In my opinion, the most important aspect of the PPACA is the preventive health-care provision. It is estimated that the preventive health-care part of the PPACA will save American taxpayers tens of billions of dollars in outright costs and loss of time on the job. It is a fact that of the 2 trillion dollars America spends on health care, only 4 percent is spent on preventive health care. Tens of thousands of people in this country die needlessly from diseases, such as certain types of cancers, that are treatable if caught early.

Addressing the lack of preventive health care in this country will go a long way in saving money and saving lives. Money saved in preventive health care can be put back into the health-care system. The United States spends more on health-care costs than any other country and less in preventive health care than any industrialized country in the world.

It seems many Republicans and conservatives take pride in the fact that in this country how much money you earn or inherit dictates how well you will be taken care of by a hospital or doctor. That is the sad truth, but in most other modernized countries, the sick and ill are taken care of regardless of income.

On March 30, 2012, the Supreme Court took a secret vote on the constitutionality of the PPACA. The result of the vote will be known in June 2012. Four courts have ruled on this law already. Three of them have upheld the law, one ruled the individual mandate unconstitutional, and only one voted the act unconstitutional.

It seems to me this bodes well for the PPACA to pass a vote of the Supreme Court, even though the court leans conservative. Two of the three appellate courts that upheld the law were considered conservative. If the Supreme Court strikes down the law, it could open a political firestorm and upheaval over dozens of previous government programs dating back as far as the 1930s.

Lawyers in every state in the nation that have state-mandated requirements that make you buy products -- such as liability insurance and license plates -- would file lawsuit after lawsuit and use this ruling as a basis for all future lawsuits. This court knows that, and in my opinion will rule the PPACA constitutional.

Tracy Joseph Bogert, an eighth-generation Texan, resides in Somerset and is active in the Democratic Party.
 

Your Opinions and Comments

 
PRAIRIE GROUCH  
GRAND PRAIRIE TX  
April 21, 2012 9:04am
 
My Opinion....racism.....By classifying the president as black, you are placing yourself in the one drop club historically championed by the democrat party as a method to dilute the rights of mixed race persons. Barack Obama ... More ›

 
PRAIRIE GROUCH  
GRAND PRAIRIE TX  
April 20, 2012 4:57pm
 
The majority of blacks voted for a half white man... maybe we can convince them to vote for a whole white man.....LOL

 
MyOpinion  
Floresville  
April 20, 2012 4:39pm
 
Me thinks you doth protest too much about being racists! Your comments speak volumes. If anything, President Obama has tried too much to pander to the radical right when he should have just followed his own instincts. I hate ... More ›

 
Be Careful  
Floresville, TX  
April 12, 2012 9:24am
 
There have been lots of bills and court cases where one side or the other thinks it was not constitutional. In this case, it will be up to the swing voter Justice Anthony Kennedy. He will be part of the 5 in the 5-4 decision ... More ›

 
Rock'n chair Rambler  
Over Taxed, TX  
April 12, 2012 7:29am
 
"middle aged/older white people can't stand to have an intelligent black man as President" Well, first of all, I don't beleive he has proven his intelligence very convincingly. He can read a teleprompter, but ... More ›

 
4 th Generation Texan  
Sutherland Springs  
April 11, 2012 10:56pm
 
"myOpinion" what makes you think Obama is intelligent?I've not seen anything to demonstrate that he is anymore than average intelligence. You are one of those 'see everything through racial eyes' type people. ... More ›

 
Senior Citizen  
Wilson County  
April 11, 2012 8:51pm
 
Racist? No. Give me an Allen West, Condollezza Rice, or Thomas Sowell any day and I'll be fine. Just tell me why your highly intelligent president refuses to release his college transcripts? He should be proud ...

 
MyOpinion  
Floresville  
April 11, 2012 8:45pm
 
You guys are nuts and disgusting (except for Puzzled).. Tracy is 100% on target. I believe that most of this rhetoric is based on racism. Yes that is right.. the middle aged/older white people can't stand to have an intelligent ... More ›

 
PRAIRIE GROUCH  
GRAND PRAIRIE TX  
April 11, 2012 10:22am
 
The real death panel discussions have been occurring around the farmhouse kitchen tables for years. It centered around of how much to spend on grandpa and still save the farm for his offspring.

 
Rock'n chair Rambler  
Over Taxed, TX  
April 11, 2012 9:54am
 
"huge swinging mellons " LOL! Now we know why Obama struts like that.

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