The Kansas City Star Dave Helling column
By Dave Helling, The Kansas City Star | |
McClatchy-Tribune Information Services |
The U.S. Constitution allows states to form common-interest compacts, with congressional approval.
The health care compact would be different. Under it, states could seize control of programs such as
This has upset lots of folks. Imagine
But the hand-wringing over the compact may be misplaced.
The actual bills outlining the compact are laughably unconstitutional. The bill would allow member states to "suspend by legislation the operation of all federal laws, rules, regulations and orders regarding health care," language that patently violates both the Constitution's clause that makes federal laws supreme and the 14th Amendment.
The Constitution starts with "we the people," not "we the states." Its protections extend to individuals who are U.S. citizens. Lawmakers can't wave a magic wand and change that.
You'd think people who make laws would grasp this.
The compact further promises member states "shall have the right" to claim a per-person share of future federal health care spending. No mere resolution can bind
Despite those flaws, supporters and opponents have launched a pitched battle over the plan. Websites are up. Ads are posted to the Internet. News releases are published.
Which is unfortunate, because there are real problems in health insurance and care that deserve actual attention.
Obamacare has prompted employers to limit hours and dodge required coverage. Some policies are being canceled. Some insurers are backing away from state-based exchanges, which continue to struggle.
Those are all actual problems. They deserve more focus than a back-of-the-envelope health care compact plan that has virtually zero chance of ever becoming law.
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