Tenth Amendment? Article I Section 8? Health Care? Subsidiarity?

The Tenth Amendment of the United States Constitution:

“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.”

This is one of the basic dividing lines of the two basic approaches to American politics.  The Right emphasizes “not delegated to the United States by the Constitution” and “are reserved to the States respectively, or to the people”. 

The Left emphasizes “prohibited byit to the States.”  Therein lies the dilemma.

Article I, Section 8, gives Congress power “To regulate Commerce . . . among the several states.”

OK, so here’s the thing.  I usually praise Medicaid for being subsidiarist, even while I express frustration that one can’t get medical care in another state if one is on Medicaid. 

It occurred to me today, and this is just a little change in thought, as subsidiarity and the question of not trusting federal power in general still come into play, but I’m wondering if the Constitutional argument against government run health care is really valid, since health care is most definitely an interstate commerce issue in our society.

For example, if Medicaid were transferable out of state, I could have taken the girls and gone to Johns Hopkins by now.

Advertisements

2 responses to “Tenth Amendment? Article I Section 8? Health Care? Subsidiarity?

  1. The whole “interstate-commerce” thing has been exploited to justify the most outrageous violations, which the founding-fathers would have hated. Today Congress can get anything they want past the Tenth Amendment just by writing “as pertains to interstate commerce” into the bill.

  2. Pingback: Tenth Amendment? Article I Section 8? Health Care? Subsidiarity … « Just Health

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s