T he outcome of the current Supreme Court case regarding Obamacare’s constitutionality won’t tell us anything about the Constitution, which lost its real battle when the Founding Fathers decided to use loose wording to denote how many powers the federal government can usurp from the people.
We haven’t lived in a true constitution-based republic for a long time. When you have a Supreme Court justice telling a United States senator the commerce clause allows for a fruit and vegetable mandate, you know libertarian ideals are screwed.
This case will tell us, however, who will win the upcoming presidential election.
If the mandate is ruled constitutional, the Republican Party will have plenty of ammo to withstand the campaign trail. But, if the mandate is ruled unconstitutional, healthcare will turn into a national debate which the GOP will easily lose. The Democratic Party will be refreshed with a new energy, and Jon Favreau’s classic speech-writing techniques will bring the left to its climactic victory.
The modern political climate allows for misinterpretations of the Constitution. Economic realities, on the other hand, do not, and thus we will concentrate on such.
So let me explain why libertarians hate Obamacare .
The first reason is the legislation’s residence in economic fantasy-land. The entire healthcare debate is riddled with pointless cherry-picking, specifically from the ever-unstable Congressional Budget Office. Even the most elementary economic understanding tells a clear narrative about the future failures of Obamacare to reduce healthcare costs while simultaneously increasing availability.
You cannot forcibly insert millions of new patients into a healthcare system, refuse to add any new physicians into the mix and then expect costs to decrease. It is literally-and I don’t mean this as hyperbole-a mathematical impossibility.
Stealing an individual’s paycheck in order to fund someone else’s healthcare bills won’t work either because it means whoever would have ended up with the individual’s extra cash will no longer receive it. We refer to this situation as the “Broken Window Fallacy.”
Think of it as trying to fill up a swimming pool by scooping water from the deep end and emptying it into the shallow end-fun yet without purpose.
And libertarians don’t shoo away any concerns about availability. Far from wishing for healthcare offices on every corner, the government purposefully limits the number of physicians who are allowed to practice medicine in the United States through licensing legislation. This results from lobbying efforts by the American Medical Association, a topic about which you can read further in my column, “Getting to Medical Freedom.”
I’m not a constitutional scholar and don’t pretend to be. Nonetheless, if I were forced to take a guess, I’d say the mandate will be ruled unconstitutional by one vote: Justice Anthony Kennedy’s swing.
Obamacare’s constitutionality is neither the beginning nor the end of the healthcare debate, and, if conservatives and libertarians really care about the free market, they should take their battle elsewhere, preferably to the field of economics
Solution, not conflict, is how the free market will “win the future.”