The Tenthers

I don’t know about you, but I am sick of health care. I’m tired of hearing about it; I’m tired of arguing about it. I don’t see why we’re making such a big, hairy deal out of having a public option. Keyword: option, it’s not a takeover. All I can say is that when a mother can’t get health insurance for her 15 month old baby because he’s needed two heart surgeries since he was born and will likely need another one, and we’re actually arguing over whether or not we need a public option in this country, we have clearly lost all of our compassion and humanity.

So instead of talking about health care, which is the only thing congress is talking about this week, we’re going to talk about a small movement that some liberals have fondly nicknamed the “tenthers” (like the birthers, I know, sad attempt at political humor).

To make a long story short, tenthers basically believe that President FDR illegally expanded the federal government’s power to unconstitutional levels by instituting programs such as Social Security. According to tenthers Social Security and other programs, like Medicare, Medicaid, federal education funding, the Veterans Affairs health system and the G.I. bill are all illegal under the 10th Amendment to the U.S. Constitution.

What exactly does the 10th Amendment say you ask? Boy, I’m glad you did (happy to facilitate a U.S History 101 course). The 10th Amendment states, “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.” Now, I know what you’re thinking: What the hell does that mean?

Basically, (in my own non-legal terms) the 10th Amendment is to ensure that the states retain their sovereignty, autonomy, and basic rights and that the federal government only retains control over powers specifically mentioned in the constitution. Tenthers argue that since the constitution does not specifically mention health care, Medicare, Medicaid and the possible public option, are all illegal. However, the Commerce Clause of the constitution gives congress the power to regulate interstate commerce and is broadly interpreted to give Congress the power to implement all these programs.

Historically, the Supreme Court rarely finds laws unconstitutional for violating the 10th Amendment, and the opinions tend to be only cases when the federal government has attempted to force participation of the state.

Now, do I think that these tenthers have a point? Well, no, not really. But, I do think that our federal government is out of control big. I’m not going to lie, I don’t have a solution, but I actually agree that we could probably stand to do away with a federal program or two and let the states handle it if they see fit. I just really wish these people could find a better (dare I say more thought out?) way to express that idea.