The progression of the ‘one-party, two-name’ forced healthcare system in the U.S., the most recent installment of which is known as “Obamacare” (passed 2010, but rejected by the majority of Americans), requires a brief history of how we got here and why it’s important to understand the one-party, two-name moniker. In 1965, the Social Security Act established both Medicare and Medicaid. Medicare was a responsibility of the Social Security Administration (SSA), while Federal assistance to the State Medicaid programs was administered by the Social and Rehabilitation Service (SRS). SSA and SRS were agencies in the Department of Health, Education, and Welfare (HEW). In 1977, the Health Care Financing Administration was created under HEW to effectively coordinate Medicare and Medicaid. In 1980 HEW was divided into the Department of Education and the Department of Health and Human Services (HHS). If you followed just that portion of the expansion, departments being created and split into two more agencies, you’re doing better than most; though there’s more to the education. The creation of new departments, however it is done, means more government jobs, which is not good for our economy. This is also what we the people hear every day when we hear our politicians referring to job creation; most of it is in the public sector. Further, insurance had always been a state regulated industry, until the timeline outlined below; so why the federal intrusion?

It’s important to consider dates here, specifically who was president during these 45 years as the nation steamrolled towards more unconstitutional mandates. The MSM (Mainstream Media) continues to refer to this as ‘reform’, but this writer, having been in the L&H (Life and Health) insurance field for nearly 30 years, has watched this expansionism in more ways (increased numbers of forms, questions, underwriting, etc.) than I care to recall; each with a new federal department-head attached to the regulation. But in all of this, one will notice a pattern towards Healthcare Expansionism that defies one party monopolizing its progression and implementation, contrary to popular belief. Common interpretation is that it is either Democrat or Republican, no doubt because they are always bickering over the issue in a juvenile fashion; when in fact, it is both parties that have strived towards this unconstitutional mandate. Note that each date has a new act, expansion of an existing act, creation of a new department or split of an existing department resulting.

Consider the dates, administrations and actions taken:

– 1945, Truman (D) – The first U.S. President to propose a prepaid health insurance plan was Harry S. Truman (D). On November 19, 1945, in a special message to Congress, President Truman outlined a comprehensive, prepaid medical insurance plan for all people through the Social Security system.

– 1953, Eisenhower (R) – Creates the Department of Health, Education and Welfare (HEW). Medicare is financed by payroll taxes imposed by the Federal Insurance Contributions Act (FICA) and the Self-Employment Contributions Act of 1954.

– 1965, Johnson (D) – July 30, 1965 – President Lyndon B. Johnson signed the Medicare and Medicaid Bill (Title XVIII and Title XIX of the Social Security Act) in Independence, Missouri. Also signed H.R. 6675 (The Social Security Act of 1965; PL 89-97) to provide health insurance for the elderly and the poor.
(Editors note: Independence, Missouri? How ironic!)

– 1972, Nixon (R) – The 1972 Social Security Amendments expanded Medicare to provide coverage to two additional high risk groups disabled persons receiving cash benefits for 24 months under the social security program and persons suffering from end-stage renal disease.

– 1977, Carter (D) – The Centers for Medicare & Medicaid Services (CMS), previously known as the Health Care Financing Administration (HCFA), is a federal agency within the United States Department of Health and Human Services (DHHS) that administers the Medicare program and works in partnership with state governments to administer Medicaid, the State Children’s Health Insurance Program (SCHIP), and health insurance portability standards.

– 1980, Reagan (R) – In 1980 HEW was divided into the Department of Education and the Department of Health and Human Services (HHS).

– 1996, Clinton (D) – In addition to these programs, CMS has other responsibilities, including the administrative simplification standards from the Health Insurance Portability and Accountability Act of 1996 (HIPAA), quality standards in long-term care facilities (more commonly referred to as nursing homes) through its survey and certification process, and clinical laboratory quality standards under the Clinical Laboratory Improvement Amendments.

– 2003, Bush (R) – On December 8, 2003, President George W. Bush signed the
Medicare Prescription Drug Improvement and Modernization Act (H.R. 1 – Public Law 108-173) into law. This landmark legislation provides seniors and people living with disabilities a prescription drug benefit, more health care choices and better benefits. “By reforming and modernizing this vital program, we are honoring the commitments of Medicare to all our seniors,” President Bush said.

– 2010, Obama (D) – And to cap it all off, just before signing The Patient Protection
– and Affordable Care Act (H.R. 3590) in March, 2010, now King Obama flipped
– from his Senate position of 2008: Senator Obama supported a health care reform
proposal that did not include an individual mandate because he was at that time
strongly opposed to the idea, stating “if a mandate was the solution, we can try
that to solve homelessness by mandating everybody to buy a house.”

Enough said!

Almost!

As evidenced by the crisis in Wisconsin, as well as the admittance of 46 other states that their deficits are out of control, does it make sense to further burden the states with this federal entitlement expansion ($647 billion) of Medicaid? What about other federal entitlement or mandates that are running deficits? The states seem to be indicating that the vast majority of the American people do not want to see Obamacare enacted in 2014. The word is nullification, but is the federal government listening? The government currently has mega unfunded future obligations (Medicare, Social Security, welfare, etc.) of about $51 trillion, or about 4.5 times the size of today’s GDP. Needless to say, this is unsustainable, especially considering the mountain of debt owed to bankers.

The Tenth Amendment of the Constitution states: “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.” Further, because the States created the federal, or General government, they also have the right to refuse federal mandates and assistance under the Ninth Amendment which states: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” In other words, the people are the boss, both of the states and of the general government; and if we the people don’t like something, it is our responsibility, in fact, duty, to take action and let our elected representatives know of our concerns and grievances (see First Amendment). As a result of the states rights movement, the Federal Health Care Nullification Act stands to stop Obamacare in its tracks. Like Medicare and Medicaid before it, Obamacare is yet another example of the general (federal) government ignoring not only states rights in yet another state regulated industry like insurance, but the rights of the people to decide for themselves. Since citizens decide where they want to live, shouldn’t the debate be whether the American people want mandatory entitlements in their state, rather than it being forced down their throats at the national level? Besides, proponents, including Congressmen, of Obamacare have been quoted saying some rather bizarre and hypocritical statements (more statements statements). Tom Daschle, Obama’s original pick for HHS secretary — before ‘tax problems’ derailed his nomination — called for implementing a draconian health care plan for seniors and Baby Boomers back in February, 2009. During Senate discussion of the misnamed stimulus bill, provisions that were his handiwork were slipped in the legislation (Obamacare – Culling The baby Boomers – March 22. 2010). Supporters of Obamacare claim critics of the bill invented the term “death panels” and such language is not in the current bill. They are right. The language is contained in the stimulus bill, not the House version that made its way to Obama for signature. How do you feel about that America? They’ve slipped another one past us. Why are we so easily duped? Simple! Doesn’t it make sense to know how to get and keep yourself healthy through preventive measures rather than take anybody else’s word for it?

It’s not about one administration appearing to want to help the American people more than the other, it’s about both parties administrations moving towards the same unconstitutional mandate. So, my fellow patriots, ask yourself this question: Why do the Republicans and Democrats appear to us on TV, at Press Conferences and in the mainstream press to be so at odds with each other on this and other issues; when, in fact, they are striving for the same mandates and control of the American people? It is up to we the people to answer these questions for ourselves and choose which side we want to be on.

Doug Berge
Latest posts by Doug Berge (see all)

The 10th 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.”

LEARN MORE

01

Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles

02

Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog

03

State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report

01

Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty

02

Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today

TENTHER ESSENTIALS

Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!

JOIN TAC

01

The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment

03

Nullification

Get an overview of the principles, background, and application in history - and today.

nullification