Beyond the Constitution: The Healthcare Bill Violates the Rule of Law

Matthew Spalding / December 23, 2009

Senator Jim DeMint (R-SC) has pointed observers to a problematic section of the health care legislation now before the Senate that proposes (in Section 3403) to create an Independent Medicare Advisory Board. He rightly observes that the bill language makes it virtually impossible to repeal that part of the legislation, thereby attempting to bind future Congresses.

DeMint is right about all this, but—having read through the legislation—by my read it is actually much worse than has been suggested, and much more destructive of the rule of law and democratic governance. (more…)