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Founding Father signed health insurance mandate into law
1 year ago  ::  Mar 28, 2012 - 9:37PM #1
MajorYankFan
Posts: 6,540

Founding Father signed health insurance mandate into law


State attorneys general have filed two federal lawsuits challenging the individual mandate to purchase health insurance, which President Barack Obama signed into law last week. Those lawsuits look like pure political posturing to me, given the well-established Congressional powers to regulate interstate commerce and taxation.


It turns out that precedent for a health insurance mandate is much older than the 1930s Supreme Court rulings on the Commerce Clause. Thanks to Paul J. O'Rourke for the history lesson:


In July, 1798, Congress passed, and President John Adams signed into law “An Act for the Relief of Sick and Disabled Seamen,” authorizing the creation of a marine hospital service, and mandating privately employed sailors to purchase healthcare insurance.

This legislation also created America’s first payroll tax, as a ship’s owner was required to deduct 20 cents from each sailor’s monthly pay and forward those receipts to the service, which in turn provided injured sailors hospital care. Failure to pay or account properly was discouraged by requiring a law violating owner or ship's captain to pay a 100 dollar fine.


This historical fact demolishes claims of “unprecedented” and "The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty...”


Perhaps these somewhat incompetent attorneys general might wish to amend their lawsuits to conform to the 1798 precedent, and demand that the mandate and fines be linked to implementing a federal single payer healthcare insurance plan.



O'Rourke posted the full text of the 1798 legislation as well.


I'm not one to claim American's "Founding Fathers" could do no wrong. After all, President Adams also signed the Sedition Act, which violated the First Amendment. But Republican "strict constructionists" say we should interpret the constitution only as 18th-century Americans would have understood it. Someclaim judges should cite only 18th-century sources when interpreting the constitution. Well, Congress enacted and the president signed a health insurance mandate less than a decade after the U.S. Constitution went into effect.


I don't expect these facts to affect Republican rhetoric about health insurance reform. Thankfully, Iowa Attorney General Tom Miller is not wasting our state's money on this frivolous lawsuit. So far I haven't heard any Republicans demand his impeachment, as some GOP legislators are doing in Georgia.

1 year ago  ::  Mar 29, 2012 - 7:08AM #2
Celerino Sanchez
Posts: 375

www.thenewamerican.com/history/american/...


 


Founding Fathers for ObamaCare? | Print |
Written by Michael Tennant
Friday, 25 February 2011 11:00



Did the Founding Fathers support the idea of government-run healthcare? The question seems to answer itself. The Founders had just thrown off the shackles of big government, putting in its place a limited federal government with explicitly defined powers, none of which involved medical care.

However, some ObamaCare supporters have recently seized upon a heretofore obscure 1798 act of Congress to argue that the men who shaped the Constitution and served in the nascent federal government would indeed have favored some form of universal health insurance. That law, “An Act for the Relief of Sick and Disabled Seamen,” required ships’ captains to garnish a small portion of the wages of their sailors and remit those taxes to the customs collector upon entering a U.S. port. That revenue was then to be used “to provide for the temporary relief and maintenance of sick, or disabled seamen.” The act created the Marine Hospital Fund to operate this network of medical facilities.

Rick Ungar, blogging at Forbes, makes much of this, arguing that it disproves the notion advanced by ObamaCare opponents that the Constitution does not authorize the government to mandate that individuals purchase health insurance:

Keep in mind that the 5th Congress did not really need to struggle over the intentions of the drafters of the Constitutions [sic] in creating this Act as many of its members were the drafters of the Constitution.

And when the Bill came to the desk of President John Adams for signature, I think it’s safe to assume that the man in that chair had a pretty good grasp on what the framers had in mind.

Ungar’s suggestion that there was no disagreement about the Constitution’s meaning among early elected officials is patent nonsense. For example, this same Federalist-controlled Congress passed and Adams signed the egregious Alien and Sedition Acts, which were debated extensively in Congress and vehemently opposed both before and after their passage by Founders such as Thomas Jefferson, Vice President under Adams, and James Madison, the “Father of the Constitution.” Jefferson and Madison went so far as to author secretly the Kentucky and Virginia Resolutions declaring that states have the right to nullify federal laws they deem unconstitutional.

The Act for the Relief of Sick and Disabled Seamen seems largely to have escaped the notice of Jefferson and other members of his Democratic-Republican Party, perhaps because they were so preoccupied with fighting the Alien and Sedition Acts. In fact, the Annals of Congress record very little debate about the bill in the House of Representatives and none at all in the Senate. The only objection on constitutional grounds seems to have come from the one Republican who was paying attention, Rep. Joseph Bradley Varnum of Massachusetts, who said that “he could not reconcile it with that clause of [the Constitution] which says ‘that no capitation or other direct tax, shall be laid, unless in proportion to the census or enumeration directed to be taken,’” according to the Annals.

As to Jefferson, Georgetown University history professor Adam Rothman told the Washington Post’s Greg Sargent that “Jefferson … also supported federal marine hospitals, and along with his own Treasury Secretary, Albert Gallatin, took steps to improve them during his presidency.” This gives the impression that the Sage of Monticello actively favored the act. According to a 1956 Journal of Southern History article by William E. Rooney, however, “Although Jefferson was Vice President when the ‘Act for the relief of sick and disabled Seamen’ became law, there is no evidence that he took any part in it, or even presided over the Senate while it was being debated.”

Still, once assuming the presidency Jefferson did extend the marine hospitals’ reach into New Orleans even before the United States had assumed control of the Louisiana Territory. Of course, Jefferson considered the Louisiana Purchase itself to be of dubious constitutionality, so the fact that he did not seek to repeal but rather expanded federal healthcare for sailors does not necessarily imply that it is constitutional either.

Meanwhile, contra Ungar, there was also disagreement about the constitutionality of the act outside of the federal government. Residents of Charleston, South Carolina, later objected to the construction of a Marine Hospital in their city on the basis that it violated state sovereignty. States’ rights advocates viewed the hospital “as an illustration of the Federal government’s abuse of its powers,” the National Park Service explains on its website. The service elaborates:

In Charleston, many people resented the heavy hand of the Federal government in the construction of their Marine Hospital, which began in 1831. Even though [hospital architect Robert] Mills had left the city only two years earlier, state’s rights supporters were particularly infuriated by the replacement of their local architect and contractors with Mills and other professionals from Washington D.C., as well as the increased costs of the project. By the time of its completion in 1834, the Marine Hospital was rejected by Charlestonians as an unworthy civic accomplishment.

Thus, while some members of the political elite may have believed in the constitutionality of the Marine Hospitals, plenty of average Americans did not. Nor is it surprising that costs skyrocketed; it was a government project, after all.

The reasoning behind the law was remarkably similar to the one put forth for ObamaCare, according to a Common-place.org article on the Marine Hospitals by Gautham Rao. First was the economic rationale: A healthy workforce is a productive workforce. Politicians being ever under the sway of whatever theory can be used to justify an increase in their powers, many in Washington believed in the mercantilist proposition that the nation that rules the most overseas markets rules the world, in turn making its government — and perhaps its citizens — rich. And the best way to rule the seas and their ports was, they thought, to have a healthy maritime workforce, enforced by government fiat. How different is that from today’s sales pitch that forcing everyone to have health insurance will reduce healthcare costs and therefore make us all wealthier?

Second, as with ObamaCare and most other government programs, a large dose of paternalism played into the passage of the act. Rao writes:

In Anglo-American society, mariners were partially free and partially unfree laborers. It was believed that the mariner had volition enough to choose his course and negotiate for wages. But it was also believed that the mariner lacked sufficient sense to care for his own wellbeing. From this sentiment arose the infamous stereotype of “Jack Tar” as a coarse, hard-drinking character who purposefully exposed his own body to great harm. If Jack Tar failed to care for himself and if commerce and society so depended on Jack Tar, was it not society’s responsibility — and was it not in society’s best interest — to preserve and protect the mariner for his own good and for the public good? As Maine Senator F. O. J. Smith put it in 1838, “both the Government and the merchant” had “almost the same abiding interest with the sailor himself, in a matter upon which so much depends for a requisite supply of healthy and able-bodied seamen.”

Again, so the argument goes, since Americans today cannot be trusted to make their own decisions regarding health insurance — whether it comes to accepting a job that does not provide it or choosing not to buy it on an individual basis — the government, “in society’s best interest,” must force them to buy it.

So, yes, some of the less liberty-minded Founders did, unfortunately, believe in government-run healthcare for sailors. Others who were more concerned with liberty, such as Jefferson, failed to object to the proposition when it was being debated and ended up endorsing it by their later actions. This does not, however, imply that such a system is either constitutional or wise. One would not, after all, recommend owning slaves simply because Jefferson did so; to do so is both (now) unconstitutional and unwise (not to mention inhuman). Nor does it imply that the same men who at one time or another favored the Act for the Relief of Sick and Disabled Seamen would have supported a federal health-insurance scheme for every American. They clearly intended for their law — slightly over one page long, as compared to the 1,000-plus pages of ObamaCare’s two acts — to have a very limited scope.

At the same time, this early attempt at socialized medicine in America can serve as a cautionary tale. The Cato Institute’s Chris Edwards writes that the Marine Hospital Fund was “plagued by cost overruns, administrative mismanagement, and rationing of care” from its inception. Did this failure of socialized medicine lead to the repeal of the act that created it? Of course not! Rao explains:

The marine hospitals grew rapidly in the early republic. A system that included twenty-six facilities in 1818 expanded to include ninety-five by 1858. Much of this expansion owed to the efforts of Dr. Daniel Drake, perhaps the United States’ most famous physician of the antebellum era. Drake, echoing Alexander Hamilton in the Federalist, believed that “the commerce of the West,” must serve as “a nursery of seamen” for the nation. The seemingly transcendent American desire for equal regional distribution of pork and patronage was also important. The “old Atlantic States” already had federal marine hospitals, so why did the newest states deserve any less? According to Drake, “justice requires that the advantages they would afford should be reciprocally enjoyed.” By 1860, new marine hospitals were to be found in western ports, such as Napoleon, Ark., Evansville, Ind., and San Francisco; on the hubs of the Great Lakes, such as Cleveland, Chicago, and Galena, Ill.; and even in some aging eastern ports, such as Burlington, Vt., Portland, Me., and Ocracoke, N.C. Annual hospital admissions, which ranged in the low hundreds throughout the first decade of the nineteenth century, consistently exceeded ten thousand during the 1850s.

The lure of “free” healthcare extended to those along major rivers such that, according to Rao, “cities such as Paducah, Kentucky, demanded only a ‘NATIONAL HOSPITAL, with national funds, and administered by national functionaries.’”

Even after “scandals regarding mismanagement at the Marine Hospital Fund,” avers Edwards, the system was not put to rest. Congress merely restructured the system as the Marine Health Service and put the Supervising Surgeon (now Surgeon General) in charge of it. “Over the years,” Edwards says, “the MHS expand[ed] its activities far beyond the original limited focus on aid to seaman [sic].” The MHS was given authority over quarantines and other health crises, which ultimately led to the U.S. Public Health Service Commissioned Corps. It opened a disease research laboratory that evolved into the National Institutes of Health. And the MHS itself became today’s Public Health Service.

The originally limited project of providing healthcare to sailors still exists 213 years later, long after shipping ceased to be the engine of American commerce, and is now a bureaucratic behemoth. Imagine how humongous the ObamaCare bureaucracy, already impossibly huge, is likely to become in decades hence.

This is the universal experience with government programs. The Founders — from Jefferson to Adams and everyone in between — should have seen it coming and should have been wise enough to oppose it both on principle and on grounds of constitutionality. Unfortunately, they, like all of us, were imperfect humans, and today we must live with the consequences of their long ago capitulation to phony economic theories, nanny-state paternalism, and plain old political patronage — not to mention the smug preening of leftists who, in an effort to revive flagging public support for a clearly unconstitutional takeover of the healthcare system, claim the Founders’ mantle of liberty as their own.


 

1 year ago  ::  Mar 29, 2012 - 7:59AM #3
yankeeoldfan
Posts: 5,507

This healthcare thing is a long ways from perfect, but in the long run there has to be something done about the cost of health in this country.. I will agree that Dr.s need to make some money, but between the hospitals and the Dr,'s they are making too much, way too much.. To have procedures done in this time and age is over the limit, and that's the reason insurance is so high.. It has spiraled out of control, why so the hospitals can put in a complete football field and get their name on the scoreboard ?? They can sponsor an events center so they can get their name on the out side of the building ?? Why in hell do they have to charge so much so they have to get ride of the money they are making.. Boy if a patient can't afford their bill they will take them to court to get the money instead of giving the poor fellow some off his bill.. This is getting way out of hand and I don't care how you look at it something has to change...

1 year ago  ::  Mar 29, 2012 - 12:58PM #4
louisiana_lightning
Posts: 2,117

Mar 29, 2012 -- 7:08AM, Celerino Sanchez wrote:


www.thenewamerican.com/history/american/...


 


Founding Fathers for ObamaCare? | Print |
Written by Michael Tennant
Friday, 25 February 2011 11:00





Good find Celerino, it was a well thought out even handed article with alot of research. 

1 year ago  ::  Mar 29, 2012 - 1:05PM #5
louisiana_lightning
Posts: 2,117

Mar 29, 2012 -- 7:59AM, yankeeoldfan wrote:


This healthcare thing is a long ways from perfect, but in the long run there has to be something done about the cost of health in this country.. I will agree that Dr.s need to make some money, but between the hospitals and the Dr,'s they are making too much, way too much.. To have procedures done in this time and age is over the limit, and that's the reason insurance is so high.. It has spiraled out of control, why so the hospitals can put in a complete football field and get their name on the scoreboard ?? They can sponsor an events center so they can get their name on the out side of the building ?? Why in hell do they have to charge so much so they have to get ride of the money they are making.. Boy if a patient can't afford their bill they will take them to court to get the money instead of giving the poor fellow some off his bill.. This is getting way out of hand and I don't care how you look at it something has to change...





Nobody likes to hear this but the employer tax exemption and the local laws prohibiting interstate commmerce and competition in health insurance are the culprits.  We are largely insulated from the real cost of insurance and if we are paying attention can do little about it because of externalities.  Rather than further insulate insurers and medical care providers from real market forces and creating more incentive for lobbying and manipulation our endeavors should be to bring the market back to health care.

1 year ago  ::  Mar 29, 2012 - 1:29PM #6
prof. quiz
Posts: 2,887

The Founding Dads did the best they could at the time. Their wisdom set us on the right path.


Still, you must progress as a culture or wind up like Afghanistan or Iran. Mired in the Bronze Age with a few  fundamentalist religious folks calling the shots while suffocating progressive thought.


Every modern industrialized nation understands the basic need for supplying health care to it's citizens. Well, everyone except us! This will eventually change. When he middle class can't afford health care or the insurance premiums something is dramatically wrong and must be fixed.


 

1 year ago  ::  Mar 29, 2012 - 1:42PM #7
Celerino Sanchez
Posts: 375

Mar 29, 2012 -- 1:29PM, prof. quiz wrote:

The Founding Dads did the best they could at the time. Their wisdom set us on the right path.


Still, you must progress as a culture or wind up like Afghanistan or Iran. Mired in the Bronze Age with a few  fundamentalist religious folks calling the shots while suffocating progressive thought.


Every modern industrialized nation understands the basic need for supplying health care to it's citizens. Well, everyone except us! This will eventually change. When he middle class can't afford health care or the insurance premiums something is dramatically wrong and must be fixed.


 






Can you provide a clarification, are you saying that nations that provided national health care, for example Greece, are more advanced than us?

1 year ago  ::  Mar 29, 2012 - 1:48PM #8
newinn
Posts: 14,133

Thanks for posting the article Celerino. The way I read it the founding fathers passed it and there seemed to be very little strong feelings about it one way or the other. Fact is they passed it.

1 year ago  ::  Mar 29, 2012 - 2:06PM #9
prof. quiz
Posts: 2,887

Mar 29, 2012 -- 1:42PM, Celerino Sanchez wrote:


Can you provide a clarification, are you saying that nations that provided national health care, for example Greece, are more advanced than us?




Yes, they are more socially advanced than us. Even Cuba beats us in that dept.


Technically no one can compete with the US but when it come to our heath care system, corporate money rules the roost not the welfare of the citizenry. When 50 million of us can't afford health care the system is broken.  When 900,00 go bankrupt because of health care bills something is amiss.


When some smug insurance company bean counter whose responsible to the shareholder, not the patient, calls the shots instead of your doctor the system is broken.
 

1 year ago  ::  Mar 29, 2012 - 2:07PM #10
HeatMiser
Posts: 2,647

Mar 29, 2012 -- 1:29PM, prof. quiz wrote:


Every modern industrialized nation understands the basic need for supplying health care to it's citizens.




Thirty years ago, a bartender would make a C-note on a good night. He could afford a house, a car, and health insurance. Thirty years later, that same C-note fills his gas tank and buys a food for a day or two.


Health care's unaffordability may lie in reasons never broached when discussing the issue.

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