Sunday, June 24, 2012

Romney states there is right for those with Pre-Condition.

Romney is presenting 'his idea' of insuring Americans as a measure exactly like the Individual Mandate without the obligation to insure those coming late to the game.


The ideology is this; parents need to purchase a health insurance policy at birth that follows an individual through their lifetime. The policy has to be paid for annually in order to receive benefits.


Partically, that won't apply if one has insurance through employers, but, if that is the case and individuals are excluded from health insurance if they haven't been participating for years, employers may not offer it anymore.


What Romney stated is, "If an American learns at age 30 they need health care but haven't been participating through their 20s, then "Too Bad." No health insurance. 


Romney believes there should be years of participation as a member before there are benefits drawn.  "Cradle to Grave Health Insurance" paid for by each American. Who needs Medicare then?


That is not realistic.


To begin the Affordable Care Act acknowledges the very fact young adults are not necessarily covered by health insurance if they are not covered by existing coverage by their parents. So, the idea a person 30 years old has been contributing to a health insurance plan for a decade is hideous. It is unrealistic. It compromises every person in the country, quite frankly. It is a huge departure from his position as Massachusetts Governor.


The Affordable Care Act recognizes a primary doctrine of the USA Constitution, Habeas Corpus which is Latin for "you have the body." When the USA Constitution was written there was no such thing as The Mayo Clinic, so the provision of the law was genius. The Founding Persons realized without a body in this lifetime there is no citizen, there is life and their is no happiness.


Habeas Corpus is most frequently called upon in death penalty cases and to that end it is dominated as a 'writ' in the precedent. 


The writ of habeas corpus serves as an important check on the manner in which state courts pay respect to federal constitutional rights. The writ is "the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action."


So, it is extremely reasonable to expect states to carry out State Health Care Exchanges as part of this writ. The Commerce Claus doesn't apply here and if it does it is an extremely wayward Supreme Court. The overriding focus of The Affordable Care Act is the fact a human body does not fend off disease unaided and in the years since 1776 there are ways to insure lives are supplied with a national understanding of longevity. The right to pursue freedom and happiness is guaranteed by the USA Constitution. The Right to allow states to determine pre-mature death of individuals determined unnecessary by a 'social health standard' is unconstitutional.


The Commerce Clause does not override The Write of Habeas Corpus.


Up to now the Write of Habeas Corpus has focused on criminal law and outlawing arbitrary execution of citizens, but, to refuse health care to citizens is a modern day execution of citizens by states without reverence for a social norm.


Romney's position on health care does not respect the Writ of Habeas Corpus.


The Writ of Habeas Corpus is why prisoners are provided heath care within the prison system. It is why Gitmo evil doers are provided their care. A prison sentence in the USA does not automatically mean a death sentence. The imprisonment at Gitmo is not automatically a charge against the laws of the USA and/or death sentences. As a matter of fact prisoners have been removed to their homelands for determination of their future.


The USA Constitution is absolute about this provision. Nowhere does it dictate a person has to be supported by law to purchase death insurance or a financial benefit called life insurance. Life insurance and health insurance have very different standing under the USA Constitution. Death is assured by living. Life is not assured with acquired disease. Living is the obligation of the law to provide to the citizen and that is guaranteed by the Writs of the USA. Commerce Claus has nothing to do with this and Judge Scalia is a clown.


The USA prosecutes murderers because the USA Constitution upholds life over death. This is where health insurance finds its place.