From Deseret News archives:
Arizonans can put brakes on universal health care
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Proposition 101 would protect Arizonans not only against abridgements of their liberties by their state government, but also perhaps against comparable actions by the federal government. Clint Bolick, director of the Goldwater Institute's Center for Constitutional Litigation, believes that if Washington were to enact a national health-insurance program of prescriptive regulations, Proposition 101 would trigger an epochal constitutional clash "between state sovereignty and national power."
In 1997, the U.S. Supreme Court said: "The Constitution established a system of 'dual sovereignty.'...It is an essential attribute of the states' retained sovereignty that they remain independent and autonomous within their proper sphere of authority." Therefore, says Bolick, any national health-insurance scheme would be vulnerable to constitutional challenge because it would impermissibly command actions by state officials. Furthermore, Bolick says: "It is a bedrock principle of constitutional law that the federal Constitution established the floor for the protection of individual liberties; state constitutions may provide additional protections."
Proposition 101's premise is: "The market is the best mechanism ever invented for efficiently allocating resources to maximize production" and "there is a connection between the freedom of the marketplace and freedom more generally." So The New York Times was told in August by Barack Obama who, no stickler for consistency, said in 2003, "I happen to be a proponent of a single-payer universal health-care plan." As an earlier occupant of the Senate seat Obama occupies Everett Dirksen said: "I live by my principles, and one of my principles is flexibility."
George Will's e-mail address is georgewill@washpost.com.
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