Obamacare is Legalized Plunder

August 5, 2015

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I just read “The Law” by Frederic Bastiat. Given the first GOP presidential debate on August 6 and the unconstitutionality of Obamacare, this little book from 1850 was perfect.

Bastiat described the purpose of law to counter the emergence of socialism in France: “What, then, is law? It is the collective organization of the individual right to lawful defense. Each of us has a natural right—from God—to defend his person, his liberty, and his property. … [I]t follows that a group of men have the right to organize and support a common force to protect these rights constantly…Thus, since an individual cannot lawfully use force against the person, liberty, or property of another individual, then the common force—for the same reason—cannot lawfully be used to destroy the person, liberty, or property of individuals or groups.”
Obamacare is a “perversion of the law.” Mr. Bastiat says perversion occurs when, “The law has been used to destroy its own objective: It has been applied to … limiting and destroying rights which its real purpose was to respect. … It has converted plunder into a right in order to protect plunder.” Consider how Chief Justice Roberts turned the unconstitutional individual mandate into a “tax.”
How is plunder identified? Bastiat explains, “See if the law takes from some persons what belongs to them [20 new or higher Obamacare taxes], and gives it to other persons to whom it does not belong [$1.86 trillion for premium subsidies and Medicaid expansion]. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime.” [e.g. paying physicians and hospitals for government-defined “value” and “quality” rather than services given]
Once identified, what next? Mr. Bastiat writes:
Then abolish this law without delay … The person who profits from this law will complain bitterly, defending his acquired rights. He will claim that the state is obligated to protect and encourage his particular industry [e.g. health plans, EHR companies, hospital systems] … because the protected industry is thus able to spend more and to pay higher wages to the poor workingmen. Do not listen to this sophistry by vested interest. The acceptance of these arguments will build legal plunder into a whole system.
Obamacare is a ‘whole system’ of legal plunder.  So now, since 162 House GOP agreed to fund the law in 2015, and 212 House GOP and all but 8 Senate GOP voted to embed Obamacare’s payment controls into federal law (H.R. 2 “Doc Fix”), and GOP leadership appears reticent to face bitter complaints about repealing Obamacare from those with acquired rights, is there a 21st century Bastiat in the roster of 2016 presidential candidates? We need one.
Twila Brase, RN, PHN
President and Co-founder