Posts Tagged ‘Tenth Amendment’

More Questions than Answers: Opting out of Federal Health Care Reform

Wednesday, August 12th, 2009

On August 3, an article appeared on KSL.com about a proposed amendment to Utah’s constitution that would give Utahans the option to drop out of a federal health care program. Carl Wimmer, R-Herriman proposed an amendment that would not require people to purchase health insurance and would not require small businesses to provide it. Wimmer considers it to be a states rights issue. He believes that Utah can stand on its own and deal with the health care crisis more effectively than the federal government.

This proposed amendment has a familiar ring throughout the 200 plus years of our nation’s history. The basis for Whimmer’s proposal is the tenth amendment to the US Constitution which was ratified in 1791. This amendment reads as follows:

”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.” (The Constitution of the United States, Amendment 10)

Section 10 of Article 1 outlines these powers. However, the tension between states rights and the power of the federal government has always been present throughout our history. This tint ion was a factor in the Civil War. It was present during the days of desegregation. Many of the southern states did not feel the federal government had the right to order desegregation of schools and other public facilities. When ever there has been a degree of dissatisfaction with the actions of the federal government on the part of individual states, the issue of states rights is present. Today, many people disagree with federal health care reform. I have talked to many Utahans who are not happy with the federal government’s approach to health care, and they have valid concerns about the current system. There is a solid constitutional basis for this amendment, and Utahans have the right to accept it as part of the state’s constitution. However, in considering this amendment, there are some questions that should be asked.
In the article, Wimmer suggests that Utahans will give the amendment overwhelming support. What gives him the confidence to make this assertion? Why is Utah’s health care system so much better than that of the federal government? What are the possible costs and benefits to this amendment? Do the costs out weigh the benefits? If Utahans vote for this amendment, there is the possibility that federal funding could be cut. Can we afford to loose federal dollars? I am not entirely comfortable with giving this amendment my full support. For me, the proposal raises more questions than it gives answers.