In this Part 2 video, Dr. Chris explains his constitutional position on medical care. Please see below for the transcript.
Hello. I am Dr. Chris Magiera from Warsaw, Indiana, and I am running for the United States House of Representatives from the 3rd Congressional District of Indiana. In the
May 5 June 2, 2020 Republican Party primary election, I will be challenging the career-politician incumbent, Representative Jim Banks, for the Republican nomination for this U.S. House seat.
The Founders designed the Constitution to secure our God-given natural rights and liberties and to create a central government with strictly defined and limited powers. As per the 10th Amendment, “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.” Unconstitutional usurpation of non-delegated powers by the federal government constitutes tyranny, and it is a threat to our liberty.
In Part 1 of this series on medical care, I discussed how this dysfunction in our Union was caused by the federal government assuming unconstitutional powers. In Part 2, I will outline some of the constitutional solutions available.
First, allow me to recommend some references to help you better understand the problem and the solutions. Some of the best sources for information on the subject can be found in the works of the Association of American Physicians and Surgeons (AAPSonline.org). This group, of which I am a member, has been the voice of independent, private medical practice since 1943. The AAPS has published a short book that is especially valuable for background: Common Sense Medicine by Jeff Danby.
Among the many position statements and papers on the subject, especially useful are the nine points outlined in their “AAPS Principles of Medical Policy,” which can be found in every issue of their Journal of American Physicians and Surgeons. In the Winter 2018 edition, Volume 23, Number 4, pp 97,98, there was published a “Memorandum to Incoming Congressmen on Health Solutions” by Marilyn Singleton, M.D, J.D. This memorandum covers the subjects of lowering prices, empowering patients, increasing insurance choices, pre-existing conditions, and charity care.
However, I am getting a bit ahead of myself. Let’s return to the original premise of the usurpation of non-delegated powers by the federal government in the area of medical care. There are actually some very limited exceptions found in Article 1, Section 8, in that the Congress does have such legislative authority when it comes to the military, government workers, and the seat of the federal government, Washington, D.C., and the Territories and enclaves. Aside from those limited exceptions, involvement by the federal government in any aspect of medical care is unconstitutional. And that includes any executive branch agencies, commissions, bureaus, or committees involved in medical care issues.
So, in order to tip the balance from tyranny to liberty in the mandate programs, there needs to be a three-step process, which can be thought of by the acronym, T-I-P: “T”, Transition all the constitutionally appropriate authority to the individual states. This will most likely be a lengthy process, perhaps even as much as 50 years. After all, Medicare was instituted in 1965 and will not be easily transitioned.
The states, individually or in groups (interstate Compacts, see Article 1, Section 10, Clause 3), will develop whatever regulatory apparatus they deem appropriate for medical care, covering providers, manufacturers, pharmaceuticals, and insurance. Innovation will lead to many plans and systems. Some will be excellent, some will be horrible. But, unlike now, the people will be able to vote with their feet. Hoosiers will decide what is best for Hoosiers and not be dictated to by some largely unaccountable bureaucracy in Washington. And all those supporting federal taxes will be phased out, as the states will be requiring revenue.
Next, “I”- Insurance, true indemnity insurance, will be the primary vehicle of unexpected major medical expenses. It worked before 1965 and still functions well in non-medical situations. Gone will be the present phony Ponzi scheme funding and “prepaid medical care” that masquerades as health insurance. “Cash, catastrophic insurance, and true charity” will be the new mantra.
To complement the new state reforms, federal IRS regulatory changes—such as Expanded HSAs (see HR 3594 – Healthcare Freedom Act of 2019, Representative Chip Roy of Texas) and tax parity of employer and non-employer provided insurance financing—can be made by Congress. Free market principles such as transparent pricing and novel practice models such as direct primary care, health sharing ministries, and medical service bidding services will result in lower costs, increased access, and better outcomes. Each state will decide how to address and finance its own social safety net, high-risk pools, and other coverage issues. This does not represent a complete list of possible reforms.
And finally, “P” – Personalization. Policies and funding should be truly personalized and customized. No more Obamacare-style policy mandates to drive up costs. And speaking of Obamacare, it needs to be totally repealed, period. No replacement needed.
Transition our medical care from the unconstitutional tyranny of the federal government to the liberty found in the states and in the people, working in a free-market environment. This is the Constitution Solution, and it is the only thing that I will support. No more “nibbling away at the edges.” No more legislative “band-aids” when it comes to medical care. Unless every piece of transition legislation contains a clear path to the ultimate Constitution Solution, I will vote “No.” I challenge every other member of Congress to do the same. After all, according to Article 6, Section 3, “The Senators and Representatives…shall be bound by Oath or Affirmation, to support this Constitution.”
Acting to secure your God-given natural rights including life, liberty, and property, by always voting with the original intent of the Founders, will be my pledge to you. So, in the
May 5 June 2, 2020 Republican Party primary election for the 3rd Congressional District of Indiana, I urge you to vote for a candidate who will always uphold the Constitution Solution. Vote for Dr. Chris Magiera for Congress. Thank you.