And it would be unconstitutional on 10th Amendment and separation of powers issues. The president can’t decree what a state has to allow to sell in its borders.
Congress probably can under the Commerce Clause, but that would be its own fight.
Regardless, this idea is not remotely the cure-all that its advocates claim it is. Some states allow this already, and as far as I know, no plan has been created as a result.
What it should do, is put pressure on the States to address the issue in keeping with the concept. Additionally, since it is intended to address the cost side of health care, the D’s and GOPe will not have a believable justification to oppose this. That said, given that most politicians are attorneys (mostly scum of the Earth), know that they will argue against any steps which are detrimental to the cause of single-payer.
Congress passed ERISA, which authorizes this, in the 70’s.
Not a cure-all indeed but could be a big deal depending on how it’s done.
And it would be unconstitutional on 10th Amendment and separation of powers issues. The president can’t decree what a state has to allow to sell in its borders.
Congress probably can under the Commerce Clause, but that would be its own fight.
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I’m not trying to be a contrarian jerk, but the 10 Amendment is THE MOST ignored amendment in the Constitution. Within the last year, I’ve had 3 different lawyers scoff at the notion that the Federal government CAN’T take over any issue/power/right that it chooses. Defining marriage? Federal Issue. Health Care? Federal Issue. Wanna make, transport, and sell goods ONLY within your state? Too bad...your unwillingness to conduct commerce with other states affects the commerce of other states and thus brings you within the authority of the Commerce Clause.
The 10th Amendment is one of my favorites, so please don’t think I’m disrespecting a Constructionist interpretation of the Constitution. I’m just trying to give you some idea of current level of contempt that politicians and most lawyers have for the 10th Amendment. The ONLY time they might pay lip-service to the 10th Amendment is if it can help some left-wing cause get its foot in the door on the way to being accepted by the American people. Even then it makes them uncomfortable because it challenges federal power and their authority to social activism down our throats from Washington.