Bloggaday 44 – Acceptably Unconstitutional
As many of you know (if I had many people who read this), Barrack Obama recently signed in the Healthcare Reform bill. While I haven’t followed it as closely as some, I’m sure I’m more knowledgeable than a lot of folks on it.
I want to bring something up before I do any research or find any opinions. This particular something is the claim that Republicans are making. From my understanding, they are calling it unconstitutional and are suing to get it repealed.
The parallel I’m going to draw is social security. Is it any more “constitutional” than this? I can’t imagine in any stretch of the word, it is. Again, I’ll do some googlenning and see the constitutional stance on both. Maybe I’ll find a few other things that are unconstitutional that are still accepted as law.
Are things that fall under this “acceptably unconstitutional” just deemed right? Maybe even as common sense? The supreme court has overturned certain principles due to “common sense” such as the tradition of people’s land ownership extended below their property and indefinitely upward. Check out the TEDTalk by Larry Lessig (I think) for more about what I’m about to say. As aircraft began to play a role in America, a couple of farmers sued because their chickens would try to fly in the plane’s direction until the chickens ran into the property wall. The Supreme Court ruled that is was “common sense” that people didn’t own the sky above their property.
I understand social security and this healthcare insurance thing are not perfectly parallel, but the government is still taking money and not even saving it for you. Meh, it is to better the lives of people, so we do it. So can we really call healthcare unconstitutional and overlook other aspects of law? Obviously, we needed healthcare reform.
For better or worse, I don’t know, but I did question the status quo a while back on my Evening on the Fireside herar -> http://blogs.myspace.com/index.cfm?fuseaction=blog.view&friendId=263239770&blogId=333635597 Yay for 2 ½ year old thoughts.
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