Reminding that Dems kept "off-record" essential proposals, such as Tort reform, and industry competition; and then "bought votes" to force it's passage into law...
Even under the narrowest concept of the police power as limited by substantive due process; it was generally conceded that STATES could exercise the power to protect the public health (---) [128 Illustrative cases]
-Vote buying leaves citizens without Senate Representation... Made worse as Fed Gov-sponsored clients are exempted by Congress-appointed Bureaucracy; which determines hardship -VS- those TAXED *<[;o)~~
The tax falls under Fifth Amendment’s takings clause:Now that they have read this bill, it is chocked full of unconstitutional applications which disenfranchise the liberties of one group over another; and should not qualify as "reform legislation" (in my view.)
The Fifth is about private property, of which real property is a subset as is money, etc. So what ever the government does, the fifth requires that each of us receive just compensation for the monies (private property) taken. If one is given more “compensation” than one’s share and another is given less “compensation”, is that “just”?
ANSWER: Insurance reforms should be limited to "State" reforms; as State budgets, particularly risk-pool and societal needs, followed in accordance with separation of powers provisions; which LIMIT Federal involvement.
But if Federal Gov inflicts upon States, commerce, coercive of state sovereignty; then Federal Gov is given the power to bankrupt the states... This merits directing the courts into a Separation of Powers argument, NOW... While recovery can still be had.