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Here’s the headline:

Democrats launch attack on insurer exemption

Here’s what they are trying to repeal:

The McCarren-Ferguson Act

Here is what this act does:

a United States federal law that allows state law to regulate the business of insurance without federal government interference.

This law was passed in 1945.  It expressly gives the states the authority to regulate all lines of insurance – not just health care.  The reasoning behind this is that the business of insurance is not commerce and therefore does not fall under the interstate commerce clause of the constitution. The federal government is only allowed to step in under federal anti-trust laws when there is a boycott, coercion, or intimidation or when the state is not actively regulating the insurance industry.  This Act upholds the 10th Amendment rights of the state as it reinforces that this is not a power given to the federal government and therefore it remains the rights of the states to regulate.

Once again, the Dems are trying to do everything and anything they can to grow the size of the federal government.  There is not a state in this country that does not currently regulate the insurance lines of business.  If the Dems can repeal this act they will have total control over the health insurance industry and will be able to regulate them out of business.  This is a backdoor approach to a single-payer government run universal healthcare system.

Here is the out for Congress that would give them the ability to repeal this act:

“In short, while not changing the opinion of prevailing law, the Court stated that the conclusion that insurance was not commerce under the law rested with Congress, and that the Court would follow the lead of Congress.”

So, essentially, all Congress would need to do is pass a law that says the business of insurance is commerce.  Once they do that, then the next thing they do is repeal this act.

Keep an eye on this folks.  They may not need to pass this economy killing faux health care reform bill if they can repeal this act.  It’s bad enough that since Obama was elected 30% of all private profit is now controlled by the federal government – why would anybody want to give this fascist government any more control?

Which leads to one more point – what the fuck is wrong with you libbers?  You call conservatives fascist because we believe in the free-market system and competition.  Yet, it’s your guy that is in bed with big business like no other president before?  He’s the real fascist and you are all in bed with him.  When you wake up one morning and realize you no longer have the freedom to choose what car you want to buy; what temperature you can set your thermostat at; what insurance plan you want; what foods you can eat and what beverages you can drink; what movies and television programs you can watch and what video games your kids can play; what radio programs you listen to; and what you can do and say on the Internet – you just remember – this was your choice and your own doing.

UPDATE: Check this out – California appears poised to be first to ban power-guzzling big-screen TV’s

Yup – now the government is going to tell you what kind of TV you can buy.  What will be next?  And – you know what the payoff is for banning big-screen TV’s in California?

“The payoff could be big for TV owners, said Ken Rider, a commission staff engineer. Average first-year savings from reduced electricity use would be an estimated $30 per set”

Whoop-de-fucking doo!  With today’s economy and with hyperinflation and increased interest rates coming around the corner – that $2.50 month savings can’t even by a loaf of bread! This is really getting out of control people.

UPDATED UPDATE: And you thought I was kidding about TV – here’s today’s headline:

Leaked Network Memo Revealed: Obama Controls Your Television Set

A neat little story of how from Oct 19 – 25th there will be over 60 network shows that incorporate the administration’s message of “service.”  I’m telling you…this administration is all about “Big Brother” and they think they know what is best for you.  For the next week the major network shows and newscasts will be incorporating all of this administration’s agenda in to the broadcasts.  When have you ever heard of any administration controlling the entire freakin’ television and entertainment industry like this?

14 Responses to “Dems once again trying to take away state’s rights.”

  • This is just a cheerful thought…right when I was heading to bed…thanks ;-)

    Where did the quote “In short, while not changing the opinion of prevailing law…” come from? I would like to do a little more reading.

    Your list is compelling, but have we not been giving those rights slowly away for decades? Maybe the momentum has just picked up…
    .-= Michael Cruse´s last blog ..Bound by the chains of legacy =-.

  • Hi Bobo,
    I agree that the excessive high cost of insurance premiums should be reined on, but I don’t agree with the Feds micromanaging the affairs of each state either.

    I do miss G. “Dabya”. I still can’t get over Prez Obama getting that Nobel Peace Prize. What a joke, if you ask me.

    Thanks for educating us about the McCarren-Ferguson Act.

    All’s well with me. Just not blogging as much anymore.

    .-= tashabud´s last blog ..CHAPTER SIX =-.

  • @Michael – that quote comes from the second link up there regarding the McCarren-Ferguson Act.

    @Tashabud – welcome back!  Sorry to hear you aren’t blogging as much these days.  Spending more time with the family I take it. 

    When I first read this story it didn’t really mean much until I started digging around and looking at the McCarren-Ferguson Act and the history behind it.  This has been a law that has been in place now for 69 years that the Dems just want to do away with.  These guys are just unbelievable. 

  • The dems want to control everything so they will be in power forever. That’s their ultimate goal if you ask me. Scariest bunch of people ever.

    Government needs to get their nose out of a lot of our business. They are choking the very life out of us.

    As for the peace prize? Biggest joke ever.

    Have a terrific day. :)

  • jd:

    Really, what is the definition of facism?  I’ll go with “Facism is a religeon of the State”.  Jonah Goldberg was right in this respect.
    And this administration is as facists as it comes.

  • This is probably the kind of change Obama and his party were talking about when they campaigned on “Change”. It is the dismantling and restructuring of the entire government systems and its laws. A truly scary thought. I hope the Dems will not succeed.

    .-= tashabud´s last blog ..CHAPTER SIX =-.

  • BoBo:
    One of the reasons they want to have federal control is the fact that many states are considering passing laws which won’t require their residents to have medical insurance. Also groups are forming to challenge in court any mandate by the Government to require the purchase of health insurance. It’s a simple case of Americans standing up for their rights not to have government intrude in their daily affairs. The left wants that public option and the ability to tax those who don’t comply. Gross injustice!
    .-= Edisto Joe´s last blog ..MAUREEN DOWD TOUTS PALIN/CHENEY TICKET! =-.

  • And I thought I’ve seen it all. You gotta be kidding me man. You can mess with my clunker’s gas, my mortgage payment, but ooh no, noo sir, don’t mess with my tv!

  • @Sandee – agree, government needs to stay out of our personal bizness.

    @JD – Liberal Fascism is a great book.  Have you read it?

    @Tashabud – I’m sure there are many of us out here hoping the same thing.  From what it sounds like – the Dems are now ready to push the healthcare destruction bill through with a public option using the nuclear option.  There will be an outcry around this country like never seen before if that happens.

    @EdistoJoe – Same thing as I said to Tashabud – if this thing goes through, I’m afraid there may be some violence.  Those congressmen won’t know what hit them.  If they thought the townhall meetings were tough – I think many of them are going to need to be under protective custody.  The vast majority of this country is opposed to this and those idiots up there think they can run our lives.  This is not going to be pretty.

    @Salvia – good one! LOL :D

  • If the government wants to come down to my house and take away my 65-inch tv, they are more than welcome to do so. However, I expect them to give me $2000 in return so I can go out and buy me a replacement. Then they can come down and take that one away, just as long as they give me another $2000. I will keep that cycle going until they either get tired of coming to my house or until the economy recovers thanks to all the new electronic sales. hahaha
    .-= U.S. Common Sense´s last blog ..Obama and the Nobel Peace Prize =-.

  • Grumpy Old Man:

    @BoBo – er, Liberal Fascism is a bunch of crap – the twit has no concept of history or politics – he just had twinge of constipation and ran with it.1) so you think it is a good idea that there is no competition within states for insurance companies?2) I followed your linky-link and see not problem with doing away with that particular bit of hair-splitting3) Health care is 17% of GDP; most health care is covered by the medical insurance industry; medical insurance premiums increased 131% over the last 10 years and you don’t think it is ‘commerce’? remember the first time I heard about ‘pre-existing conditions’ was in 1987 and then it was a rider that said they would not cover it for the first 6 months.  Now they will cancel your policy if they find a pre-existing condition that was unknown.Oh, gawd – now you appended California’s attempt to cut power consumption to this post because you think it is somehow er, why the f did you include it?Oh, yeah – I just saw that Obama told ATF and Justice to lay off busting medical pot busts in states that allow it – that should be a plus in your state’s rights column but I bet you won’t like it.OMG – now you think volunteering is a terrible thing; Oh, yeah – your hero Becks thinks it smacks of ‘communism’ – (on a side note – do you think that super-secret guest (‘concerned parent’) on Beck’s show complaining about Dunn was ‘what’s-his-face’ Wallace?  The hair and ears look right but that might just be leftwing hysteria (though Wallace did speak at the same school – but both of them had kids in the classes).(/rant)

    • @Grumpy – apparently, you misread that. I am all for state’s rights. I think the federal government needs to be as limited as possible. I’m all for interstate and intrastate competition as far as insurance is concerned. At this time, the federal government does not allow it. Real reform would include the ability for interstate competition.

      Also, please note that I didn’t specifically state that insurance is not commerce – I was just repeating what the judge stated in 1945. All Congress needs to do is state that it is and pass a law – then – voila – the federal government has total control over all lines of insurance. Also, I don’t dispute your facts regarding health care – in fact – I already know that.

      Lastly – you’re making the wrong assumption – but – probably with good reason as far as P-BO lifting the federal medical marijuana ban. Sure, I am as anti-drug as they come. However, there are 14 states out there that legalized medical marijuana. In going with my staunch belief in state’s rights – the federal government should not have been interfering in the first place. What I hope to see now is that those particular states refine their laws to make sure that dealers don’t try to exploit the law now that they know the feds won’t be coming after them any longer. The people in those states voted for this and that should be the prevailing law in those states.

  • Dave:

    I’m gonna have to disagree with you on this one Bobo, at least partly. McCarren-Ferguson is the act enables states to limit competition between insures. It needs to be at least modified to allow cross borders competition between insurance companies. That’s a vital first step towards bringing down costs, without it no health care “reform” is going to be able to achieve any savings.*

    *Note: Modifying the act to allow competition is NOT what the President has in mind, but it needs to be done. I’m just saying that there’s nothing sacrosanct about McCarren-Ferguson, even though I agree with you that the 10th Amendment has been largely forgotten and ignored today, to our detriment.

    @Grumpy. I realize that you’re (heh) grumpy at losing your cherished canard “The right is fascist!”, but that’s no need to slander Goldberg. He does a brilliant job of documenting what anyone with half a brain has know all along: Fascism is just another leftist political theory. I notice that you’ve responded by attacking the author instead of trying to refute his facts. Hmmmm. Usually when that happens it means that one has no logical argument, as is the case here. Poor form old man.

  • @Dave – I agree there needs to be interstate competition with regards to insurance.  However, this is one of those “catch-22″ laws.  If it gets opened up for interstate competition – it then becomes “commerce” and subject to federal oversight – which is exactly what they are trying to do now by getting rid of this Act.  While I am a staunch advocate for states’ rights – this is one of those I’m not ready to give up – especially in this political climate.


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