Now that Vice President Joseph R. Biden Jr. has dispensed with colorful metaphors and House Speaker Nancy Pelosi has removed her perma-smile, bureaucrats in Washington are busily preparing the necessary channels to begin communicating details of the massive bill to the States. And so a new chapter begins in this epic saga, but one President Obama and his team will not want to read.
As governors begin to sort through the murky details, they're quickly realizing this albatross is worse than originally feared. Faced with higher taxes for small businesses to support Medicare rates, ballooning Medicaid burdens, mandatory requirements for every denizen, not to mention the fear that many companies will simply jettison their own health plans in lieu of the promise of something better, the wages of this federal sin will only worsen. So much for the Democratic argument that once the bill becomes law, the American people will see the light and be healed!
Less than a week after penning his signature, the president is now threatened with lawsuits from more than a dozen states charged with implementing the new law. On Thursday, Georgia Republicans led by Lt. Gov. Casey Cagle called on the state's Attorney General Thurbert Baker, a Democrat, to do the right thing and sue the administration for imposing such a massive unfunded mandate on the Peach State.
"In addition to the questionable constitutionality of the bill, the unfunded mandates in the healthcare reform will cripple Georgia's economic recovery," said Mr. Cagle. "Unlike Washington, our state constitution requires us to balance the budget each year." The constitutionality of Health Care Reform revolves around the interpretation of the Tenth Amendment and the Commerce Clause. The Tenth Amendment reads, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
There is nothing in the constitution which gives the government the right to tell people what goods and services they should purchase. Proponents of Health Care Reform argue that the Commerce Clause conveys this right to the government. It states "[The Congress shall have power] to regulate Commerce with foreign Nations, and among the several States."