Beyond the Cusp

March 31, 2012

What Could Happen if the Supreme Court Strikes Down the Health Care Law?

For argument’s case we will assume that the Supreme Court will strike down the individual mandate specifically and then quoting the lack of a severability clause in the Affordable Care Act, rule that the entirety of the Law has to be voided and thrown out. So, the entire two-thousand-plus pages of the Affordable Care Act would be unconstitutional and voided by the ruling. This would include the employer mandate, the disallowing insurance companies using preexisting-conditions as a consideration when considering granting insurance, and every other item even those items which were placed in the law having nothing to do with healthcare but were inserted simply to get these items approved surreptitiously and without serious debate. Will such a verdict be the death knell of the government injecting themselves even further into controlling healthcare in the United States? What will the future hold and will the health insurance companies now need to undo those items they had adjusted in order to begin to comply with the Affordable Care Act? What will be the effect of the uncertainty caused by this strike down of the government’s attempt to set in motion laws and regulations which would eventually lead to their complete usurpation of the healthcare industry in the United States?

My greatest fear is that the Supreme Court striking down the entirety of the Affordable Care Act will simply be the first volley in a war for the heart and soul of the future of health care in the United States. Any actions which have already been implemented by the government and as many adaptations the insurance companies have taken will be attempted to be cemented in place. We can expect Cass Sunstein to implement new regulations to shore up and make these changes and adaptations permanent fixtures going forward with healthcare in the United States. People who have chosen this as their fight to save individual rights and restrain the government from acquiring more influence and power over society and individual citizens’ lives will need to stay motivated and ever watchful to root out and prevent the passing of the mechanisms of the Affordable Care Act as individual regulations included in other pieces of legislation attempting to pass them stealthily. We can expect there to be a series over months of Executive Orders coming out of the White House which will be utilized as a single step-by-step implementation of the individual rules, regulations, and requirements which can be implemented individually as stand-alone regulations directly from the White House without even needing the Congress to vote or consider them. We can fully expect a coordinated effort to implement the entirety of the Affordable Care Act singular item after singular item which will later be woven together forming the completed legislation or a close facsimile thereof.

We have seen such actions in the past by those who wish to transform our country from its republic formulation of governance under which it was established into just another Nanny State top down dictated society controlled centrally with government imposed restrictions on individual liberties choking off our freedoms one small step after another. The one thing I have learned while watching the changes that have taken place during my lifetime and studying how the changes were rooted in actions from the past two centuries is that those who wish to control and regulate every small piece of our lives seldom are forced to step back and when such small wins have occurred, they are always followed by the use of incrementalism to accomplish the same ends one iota after another for as long as it takes. I have often marveled at their dedication to duty shown by those who favor government oversight and influence over all of society and life choices as they never take no for an answer and will settle for small baby steps when their sweeping legislative attempts are refuted or struck down. If those who are opposed to such a takeover of our lives and society by the busybodies of government honestly wish to hold their ground and prevent these usurpations, they will need to gather themselves and stand dedicated and unified in constant diligence guarding against the guaranteed onslaught by incrementalism. This is going to be the battle which will be fought and the sides have been defined. The end result will be totally dependent upon which side can remain relentless, dedicated, focused and determined going forward into the distant future as neither those wishing to regulate, tax, or subsidize every action, thought, possession and individual themselves will never stop proposing their nefarious schemes so those who will rally as the protectors of liberties and freedoms will need to be ready to make an even stronger effort to stir the people to their side and protect those rights spoken so elegantly of in the Declaration of Independence if those rights are to be continued to be enjoyed by our children and their children after that onto the last generations. As we were warned by Wendell Phillips, “Eternal vigilance is the price of liberty!” Lest we not forget for as we were warned by Ronald Reagan, “Those who have known freedom and then lost it have never known it again.” We must be patriots of vigilance such that we never need long for the taste of freedom and liberty we have lost.

Beyond the Cusp

August 13, 2011

What Will Make America Great?

After the recent downgrade in the credit rating of the United States by Standards and Poor’s from AAA to AA+ but retaining the negative future outlook, I guess it is time for the follow-up article to “What Made America Great?” Right now there is no shortage of people claiming the times of a preeminent America are over and all that is left is to watch as America declines and is eventually laid to rest. I am sure there were those who made this same mistake during the 1930s and the Great Depression. There is an urban legend of this type of thinking which claims that Charles H. Duell, who was Commissioner of the United States Patent Office in 1899, resigned claiming that, “Everything that can be invented has been invented.” He obviously lacked the imagination which blinded his ability to imagine even greater inventions to come in the future. America will need to ignore such attitudes and simply pick herself up, maybe let out a sigh, and then get back to doing what made America great, working smart as well as hard. This time smart may be far more important than hard, but dedication and setting seemingly impossible goals are among the things America’s future must hold if she is to, like the Phoenix, rise from the ashes. Well, that may be a bit too drastic an analogy as America is still the preeminent world power and is still unrivaled in virtually every field, so it is more like getting back up to speed after an overly slow, disorganized, costly pit stop.

The rejuvenation of the economic engine that has proven to be the greatest producer of wealth and progress ever known to man, must first be released from the restraints and governors limiting the free spinning of invention and removing the sludge of years upon years of stifling tax code bandaged beyond recognition and removing the regulation clogged filters restricting the flow of fuel all of which have limited its output. America is not suffering from a lack of intelligent, determined, and dedicated workers. What America needs to first realize is the need to be provided with new sources of inexpensive energy independent from foreign control, boycotts or other restrictions beyond American control. This means developing every source of domestically provided energy, be that fossil fuels, green energy, nuclear power, or sources yet to be invented or discovered. Research and development of so-called green energy is important but the immediate solution is still fossil fuel based with nuclear power being the next energy source that can be brought on-line. Green energy is the power of the future and we need to plan to meet that future and not rely solely upon the sources of energy we currently utilize. Then we need to revive our stricken infrastructure. Some of it simply is in need of repair, some needs to be replaced and all of it could benefit from upgrades.

President Obama’s love affair with high speed trains is not entirely a bad idea. Trying to place these high speed trains on the same tracks as our commercial trains is a bad idea for a number of reasons. The most obvious is that the old rail systems would limit top speeds to under 120 MPH, which is not exactly my idea of high speed rail. We would need an entire new rail system which would be best built on an as economically feasible and done as much as possible by private industry. The initial placement of such a rail system would be between San Diego up through Los Angeles on to San Francisco. The other location where such systems may be profitable would be from Washington D C through the coastal cities to the northeast. Until we can produce a rail system that is capable of speeds that would allow trains to rival the convenience of air travel with an equal or superior safety record predicted, this will not be possible. The most promising system would utilize a monorail design powered by electromagnetic Maglev systems. Such a system could be built entirely below ground or a combination of above and below ground rails depending on conditions. The main consideration is to make such a system as fast as plane travel and considerably less expensive with the profits coming from volume which is the main strength of rail systems for transporting people from one point to another. Plus, replacing a large amount of domestic plane flights in our most crowded airspace would be a desirable objective. But such train fantasies are in the future. As the saying goes, you have to walk before you get on a Maglev.

Americans have been known worldwide for ingenuity even if one of our Patent Office Commissioners did possibly say that we had run out of new idea and all inventions were already invented. What we need is very simply for government to allow the freedom for people to dream and then live that dream and not be required to fill out forms and rules that eventually squash all the inventiveness out of even the most ingenious minds. Government, with all the regulations, bureaucrats and other blockades to productive and free enterprise is strangling the inventiveness and risk taking out of America. We need to refrain government, not people. The time has come to simplify, better to totally revamp the tax code and place a sunshine limit on all regulations so that they must be reconsidered by Congress periodically. If nothing else, forcing Congress to review all the old regulations should hopefully prevent them making new ones for quite a while. We need also to make it that only our representatives are allowed to make regulations and not some government pencil pushing careerist trying to make things impossible without their position to assist and guarantee his employment. Simply put, it is time to tell Washington, “Enough!” And this time we really mean it.

We need to push enough and support new faces and fresh ideas, especially the idea that American are still not simply a can do but a will do nation and all we need is to be allowed the freedom and opportunity to show and we will produce miracles. For my entire life I have watched as the world in the United States has slowly but inexorably closed in and shut down removing one freedom after another until America is slowly becoming unrecognizable. It is going to sound silly, but I want my old America back, with a few adjustments as we all know not everything was right, but the less regulation was correct. Perhaps we should return that which was great while keeping the progresses made towards a more acceptive and open society, after all, we’re Americans and if we can dream it, we can do it.

Beyond the Cusp

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