ACA: A Moral or Amoral Law?

By Tom Milligan

The new year is only 6 days old and and we’re already neck deep in partisan bickering over the Affordable Care Act (AKA Obamacare).

gop-laughingIn this first week of January, we’ve watched the new Congress and Senate get down to the business of running the country – which apparently cannot occur until the ACA is repealed and replaced.

To that end, VP elect Mike Pence has already met with GOP leaders to begin the process of repealing and replacing Obamacare.

Understandably, the plan to repeal and replace has liberals quaking in their boots.

Their signature legislation is on the cusp of going the way of the Dodo.  (see what I did there?)

Their hero’s legacy is about to be erased.

To be honest, I’m shocked that Trump is at least going through the motions of following through on a campaign promise.

I mean seriously folks!

Given the astounding number of lies he’s told and the number of flip-flops he’s made since winning the nomination and the general election, I’m shocked that he’s chosen this one promise to keep.

But what surprises me even more than Trump’s apparent follow through is how many so-called conservatives oppose his plan to repeal Obamacare.

In fact, at least two of my more moderate colleagues (including my boss so this might be my last post j/k) here at have published pieces this week castigating the GOP because they don’t “believe in democracy” and exclaiming “socialized medicine makes more sense than anything the supposed free market can come up with.” (Anyone who’s read my stuff knows exactly how I feel about socialized anything.)

This isn’t new.

The GOP has been calling for a repeal of the ACA since 2010.  Those calls led to the landslide victory for the GOP in the 2010 elections and have been the rallying cry of conservatives ever since.

For nearly seven years, conservatives have considered their 2010 landslide win a “mandate” to repeal and replace Obamacare.  They’ve tried every possible trick in the book – including an appeal to the Supreme Court who, in a 5-4 decision that dumbfounded anyone that’s ever read the 10th Amendment, rewrote the law in real time and decided it was legal for the federal government to get involved in – and control – the healthcare decisions of every single American.

The Tenth Amendment:  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.

As I wrote in an earlier piece here on EPV titled, “The Forgotten Amendment“:

“The tenth amendment contains clear instructions for the distribution of power:  Simply put, if the Constitution doesn’t expressly give the authority to the federal government, the federal government doesn’t have that authority.  Period.”

Nobody can show me a single word in the US Constitution that gives the federal government the authority to force me to buy anything or the power to force us to buy it from a specific vendor using a specific method.

Nowhere does the US Constitution give authority to the federal government requiring me to have insurance or to fine me for not having it.

And since the Constitution doesn’t delegate that power to the federal government, that power is reserved to the States.

The only problem anyone who believes in our Constitution SHOULD have with “repeal and replace” is the “and replace” part.

Until the 10th Amendment has been repealed, repealing the ACA is the only constitutional possibility.

I understand that millions have better healthcare than they used to.

I get that repealing Obamacare may cause some – or many – to lose coverage.

I agree that preexisting conditions suck.

I get it.

But that’s not the point.

The point is that this is NOT a federal government issue.

The federal government has no authority.

This is a STATE issue. Period.

Our founders limited the power and authority of the federal government for a reason.

If we, as a nation, decide that ignoring the Constitution in favor of compassion, convenience, or affordability is acceptable, then the end of our republic is at hand.



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