Bob Marshall: Virginia to challenge Obama health mandates
Column by Bob Marshall
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For the first time in American history individuals and businesses will be forced by the federal government to purchase private health insurance.
Obamacare fundamentally alters our form of government and turns citizens whose rights come from our Creator, into serfs with obligations to lawless Washington predators.
Despite many hours of debate on Sunday, March 21, not one Democrat congressman could provide the constitutional authority for the unprecedented takeover of one-sixth of the U.S. economy.
America’s foundational documents make it clear that the enumerated powers granted to Congress in Article I, Section 8 of the U.S. Constitution do not grant Congress the predatory powers or authority to compel citizens under threat of jail or heavy fines to forcibly enter into contracts for any good or service.
Anyone who declines to buy insurance approved by the Obama administration for any reason, which can cost an average family of four up to $15,000 a year, according to a Congressional Budget Office estimate, can be jailed up to a year and fined $25,000. The IRS will hire 18,000 additional agents to track and hunt down objectors.
James Madison wrote in the Federalist Papers, which the U.S. Supreme Court cites for the original meaning of the Constitution, that state legislators have the responsibility to protect the lives, liberties and property of their citizens against congressional usurpations.
That is why the Virginia General Assembly is standing up to the rough strong arm tactics of congressional bullies by passing my HB 10 and similar Senate measures, to defend citizens and legal residents against lawsuits from the IRS and the Obama Administration.
Further, while Americans can chose a policy for themselves, that does not pay for elective abortion, every American will be forced to pay for coverage for the elective abortions of others, and conscientious objections to participating in abortion are ignored.
Written on the seal of our own Thomas Jefferson is the motto, “Rebellion to tyrants is obedience to God.” Virginia has just begun to fight and will enact additional measures to protect Virginians once the specific provisions of Obamacare become known.
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Editors’ Notes:
- The way Marshall frames the issue involving those who fail to purchase health insurance is misleading. The fine mentioned is a tax roughly equivalent to an average health-insurance premium. Failure to pay that tax could subject one to criminal penalties including imprisonment.
- We’ve tried to find references to the 18,000 additional IRS agents outside the right-wing blogosphere, and not been successful as of yet.
With Marshall’s interpretation of Article I, Section 8 of the U.S. Constitution, does this also mean that he will challenge Social Security tax and the federal (and state) income taxes?
Those systems of taxation compel citizens under threat of jail or heavy fines to forcibly enter into involuntary contracts for the goods and services of social security retirement, national defense as well as local programs like police protection, public schools, highways, etc.
Does Marshall pay his Social Security tax (or is he old enough to get those benefits?) and does he pay his state and federal taxes?
Is Marshall also protesting Federal & state taxation along with the mandatory health care payments or is he just conveniently cherry-picking his interpretation of Article I, Section 8 so he can single out mandatory health care?
This article is pretty funny.
We’re forced to buy auto insurance.
We’re forced not to drink under 21 or whatever the age limit is.
I think it’s time to make people who use health care pay for heath care.
I pay outrageous private health insurance premiums with no guarantees that the insurance company will pay my bills if I’m sick.
Also, I currently pay for the uninsured to go directly to the hospital, since the hospitals just charge the insurance companies and they add it to my premium.
I’d love to have the uninsured pay part of my premium that I currently pay for them.
Are you an employee with health coverage?
Try running a small business and being priced out of health insurance.
My family all have farms and have to pay for private insurance that they can’t afford.
Hopefully Virginia won’t mess the system up for those of us trying to pay our health insurance premiums.
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LK on Mon, 22nd Mar 2010 1:18 pm
You got that right people sit back and complain because we are getting health care reform but yet nobody says anything about us HAVING to have car insurance, home owners insurance.
What they are saying is it more important to protect our property then our own health?
What is the government really afraid of, that if we get health care more people will love longer therefore more will get to draw their social security!
What a crock of shit!
Health care reform is the best thing to happen !
For all those who are opposed to health care reform.
DROP your health care insurance now drop it .
For one year.
Then try to get it again.
See what happens , especially if you have pre existing conditions.
See how fast you get DENIED.
have to go to the ER for something you will love your bill when it comes in .
not to mention paying for meds
I have one script for Imitrex for migraines for 18 pills it cost without insurance $300 plus.
The generic brand of it is $150
Wow like anybody can afford to pay that.
Then you have some of the new blood pressure meds like Benicar the insurance won’t pay for it because its a new drug.
Sick of insurance companies being the one digging peoples grave.
Janice “Jay” Johnson, chairperson of the Virginia Organizing Project, on the passage of health-care reform:
“Last night, the U.S. House of Representatives passed historic legislation which will ensure that all Virginians have access to affordable health care. Virginia’s families are one critical step closer to not having to worry about whether or not they can afford to see a doctor when we get sick. This is a huge step for Virginia’s working families and small businesses.
“This landmark legislation will stop insurance companies from denying care based on “pre-existing conditions,” expands coverage and care for the one million uninsured Virginians, allows young adults up to age 26 to stay covered on their parents’ insurance and reduces prescription drug costs for seniors.
“Positive change in this country never comes without struggle whether the fight is Social Security or civil rights. There has always been resistance and controversy that come along with historic change, no matter how positive. In time, the benefits of change are visible. Those who opposed change are remembered as being on the wrong side of history.
“Virginia Organizing Project members fought for health care reform over the last two years through making tens of thousands of phone calls, knocking on thousands of doors and visiting the offices of their members of Congress. This is their victory and a victory for all the people of Virginia. We thank the Virginia members of Congress who stood up for all of us and voted for the health care reform we desperately need.”
Likes it quiet likens being forced to buy health insurance under the Democrats’ plan to Social Security, defense, roads, etc., but that’s apples and oranges. The people are TAXED by the government that provides certain services (now, we can argue whether or not that is being done constitutionally or efficiently another time) for the general good. They are not forced to BUY something. Buying something is different that being taxed for a service.
David Mills, Executive Director of the Democratic Party of Virginia, released the following statement Monday about the historic passage of health insurance reform and the frivolous lawsuit planned by Attorney General Ken Cuccinelli.
“Yesterday, we witnessed a historic occasion: Congress passed the first comprehensive health care bill in American history. Thanks to this courageous action, Virginians — and all Americans — will be guaranteed high-quality, affordable health coverage.
“Under this new bill, Virginians with pre-existing conditions will no longer be subject to insurance discrimination, Virginia small businesses will get tax credits to provide health care, and Virginia seniors will no longer fall victim to the Medicare ‘donut hole’ for needed prescriptions.
“President Obama and our Congressional leaders deserve credit for this historic reform that will help thousands of Virginians. And this wouldn’t have happened without the strong and steady efforts of Virginia grassroots activists, including netroots, labor and advocacy organizations.
“Unfortunately, our Republican state leaders like Ken Cuccinelli and Bob McDonnell are busy trying to throw up road blocks to reform.
“The Office of the Attorney General should be the people’s law firm, not the piggy bank for Ken Cuccinelli’s political agenda. Attorney General Cuccinelli continues to waste Virginia taxpayers’ money at a record rate. Cuccinelli was elected to represent all Virginians as the state’s top lawyer, but instead he’s using our tax dollars to represent only the extreme political fringe of the Republican Party.
“Ken Cuccinelli hasn’t lifted a finger to help Virginians struggling with unemployment, home foreclosures and predatory loans. Instead, he has filed two frivolous lawsuits against the federal government and tried to impose his political agenda on state colleges’ and universities’ non-discrimination statutes.
“The Attorney General knows that this health care lawsuit is nothing but political theater. He ought to get back to doing the people’s business, and stop wasting our money.”
Also Monday, a legal expert from Washington & Lee University in Lexington said on national television that state Attorney Generals like Cuccinelli would not have legal standing to challenge federal health care reform.
“The state doesn’t have standing to do this,” Law Professor Timothy Jost said on C-SPAN this morning regarding challenges to the individual mandates in the federal health care bill. “Under Article 3 of the Constitution, you have to be able to show some kind of actual injury to bring a lawsuit. Since number 1, the law isn’t in effect yet, and number 2, it doesn’t affect the states, I can’t imagine how they’re going to show standing. Of course, it’s politically smart to say you’re going to do this, and I’m sure this is a political act, but it’s not something that’s going anywhere legally.”
Governor Bob McDonnell issued the following statement today regarding last evening’s passage of the federal health care bill by the United States House of Representatives.
“Expanding access to reasonably priced quality healthcare is a bipartisan goal. We all agree that we must make it easier for Americans to purchase and retain health insurance.
“However, this massive and complex piece of legislation allows the federal government to exercise control over one-sixth of the United States economy. The continued intrusion of this Congress into the free enterprise system, and the placing of new mandates on states, is shocking to the American system of federalism. Most disconcerting is the provision mandating that every American must purchase health insurance or face a monetary penalty. This is an unprecedented expansion of federal power. It is hard to imagine our Founder’s agreeing that the United States Constitution permits Congress to mandate the purchase of a good or service under penalty of law. Just a few days ago I approved a bill, passed on a bipartisan basis, which prohibits mandatory insurance purchases for Virginians. Virginia’s Attorney General has rightly chosen to challenge the constitutionality of the federal mandate. I anticipate that he will be joined by a number of other states. The issues raised by Attorney General Cuccinelli require a full and prompt review by the judicial branch.
“While individuals face a mandate in this legislation, so too do the states. The proposed expansion of Medicaid is an historic unfunded federal mandate on the states. This expansion will put at least 400,000 more individuals on Virginia’s Medicaid rolls. The Virginia Department of Medical Assistance Services has estimated that it will cost the Commonwealth an additional $1.1 billion by 2022. Virginia, and the other 49 states, will bear the financial burden of one of the biggest unfunded mandates in the history of our nation. This will have a significant and unavoidable impact on the bottom line of our state budget, and the general fiscal welfare of Virginia. We simply cannot afford this expansion.
“The bill will cut over $500 billion from Medicare, and may reduce the quality of the care our seniors depend upon. The Medicare system is already underfunded and overburdened. This legislation only exacerbates the problems facing the system.
“This legislation will raise taxes on individuals and businesses. Our small business owners, who generate nearly 98% of the new jobs in Virginia, will see their taxes go up. This will occur at the same time that federal tax cuts from the early part of last decade expire. We will face significantly higher federal taxes at a time when we need to be keeping taxes low and freeing capital for job creation and economic development. It can also be anticipated that Virginians’ insurance premiums will increase in the years ahead after passage of this legislation.
“I am further disappointed that a bill so massive in size is so limited in its approach. Congressional Republicans were right to call for allowing the purchase of health insurance across state lines, and this provision should have been included in the bill.
“States have long been leaders in the effort to identify and implement innovative healthcare solutions. Regardless of the future of this legislation, we must continue to play that important role in our federal system. In Virginia we will promote incentives for the purchase of long term care, and promote individual medical savings accounts. We will focus on preventative health and combating obesity. We will study our medical delivery systems with the objective of reforming them to work better for our citizens. Free clinics are an important piece of the coverage equation, and I will look for ways by which the Commonwealth can help with the expansion of these important facilities. We will be aggressive in finding every way by which we can reduce the cost of our Medicaid system, which has already grown 1600% in the past 25 years. It is unsustainable.
“Every American should have the opportunity to purchase good quality healthcare coverage. But we will not improve our healthcare system by implementing a massive one-size fits all federal policy that dramatically increases the deficit, puts unprecedented mandates on states and individuals, and jeopardizes the good coverage most citizens already have. I am disappointed in the passage of this bill, and I thank the bipartisan majority of Virginia’s congressional delegation for voting against it.”
Virginia Democrats are heaping praise on the federal health care reform and blasting Virginia Attorney General Ken Cuccinelli and Bob Marshall for threatening to sue saying a lawsuit would “waste Virginia taxpayers’ money. “Ken Cuccinelli hasn’t lifted a finger to help Virginians struggling with unemployment, home foreclosures and predatory loans. He ought to get back to doing the people’s business, and stop wasting our money.
Health care reform IS THE BEST thing that has ever happened to Virginia. With over 1 MILLION citizen, voters, UNINSURED, we need such policy. As a recent graduate from college, I will not have coverage under the current status quo. We vehemently support this reform and have been contacting and urging the AG to reconsider his decision.
All you people that say this bill is a great thing must be able to pay for $300 dollar bottles of pills and $200 to $400 dollar a month health insurance. What about those of us who cannot??
At less than 20,000 a year for income it will be cheaper for me to pay the fine and have no coverage….How is this better for me? What is wrong with you people?
J.D
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