GOP Platform Declares Medicaid Unconstitutional

Ian Millhiser
Think Progress / News Report
Published: Friday 31 August 2012
“We support the review and examination of all federal agencies to eliminate wasteful spending, operational inefficiencies, or abuse of power to determine whether they are performing functions that are better performed by the States.”
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Almost immediately after President Obama took office, many Republican politicians seized upon a distorted vision of the Constitution’s Tenth Amendment that would leave America nearly incapable of governing itself. Indeed, top Republicans — including U.S. Senators, governors and members of Congress — have claimed that everything from Social Security to Medicare to federal disaster relief to national child labor laws all violate the Constitution. A similarly erroneous vision of the Constitution has now infected the GOP’s party platform:

We support the review and examination of all federal agencies to eliminate wasteful spending, operational inefficiencies, or abuse of power to determine whether they are performing functions that are better performed by the States. These functions, as appropriate, should be returned to the States in accordance with the Tenth Amendment of the United States Constitution. We affirm that all legislation, rules, and regulations must conform and public servants must adhere to the U.S. Constitution, as originally intended by the Framers. . . . Scores of entrenched federal programs violate the constitutional mandates of federalism by taking money from the States, laundering it through various federal agencies, only to return to the States shrunken grants with mandates attached. We propose wherever feasible to leave resources where they originate: in the homes and neighborhoods of the taxpayers.

The GOP platform closely echoes a brief filed by GOP mega attorney Paul Clement on behalf of several Republican elected officials challenging the Affordable Care Act in the Supreme Court. According to Clement, because federal revenues are “composed of tax dollars collected from the States’ own residents,” it somehow follows that state governments have a claim on federal revenue. The GOP platform suggests that this claim is so strong that any federal program which grants money to the states is unconstitutional if it also requires the states to comply with certain rules in order to receive that money.

There are many federal programs which fit this description, but the biggest one is Medicaid. Medicaid offers funding to the states to provide health services to the poor. States are free to take this money or to leave it, but they must agree to follow certain rules before they can take the money. In other words, Medicaid is exactly the same kind of grant “with mandates attached” that the GOP finds constitutionally objectionable.

Medicaid also covers more than 62 million Americans, all of whom would lose their health coverage if the GOP’s apparent vision of the Constitution were to prevail.



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5 comments on "GOP Platform Declares Medicaid Unconstitutional"

dwdallam

September 01, 2012 6:37pm

The GOP hates democracy.

anono

August 31, 2012 6:51pm

And the Constitution says nothing about giving senators and congressmen a free ride in a limo when it come to their healthcare.

Concerned in Ca...

August 31, 2012 5:18pm

Before Republicans open their mouths on this issue, they need to be reminded that it was a Republican president who first dumped obligations onto the states. His name was Ronald Reagan.

Norman Allen

August 31, 2012 3:02pm

GOP is itself UNCONSTITUTIONAL. GOP and its sponsors are against the constitutional goal of public Welfare, parasites eating body politic. They do not seem to act like they are from this planet or care about anything in this planet except the pursuit of its wealth and abuse of its creatures, including its human population. How we let them talk to us like we don't exist? How do they dare hijack our democracy, our country, hoard the wealth of the planet and through the use of the planetary resources abuse all of humanity? How long is the media going to play dead for moneybags? Wake up, giants, and don't let the emotional/intellectual midgets abuse you any more. Give them your middle finger everywhere they abuse you.

ChetDude

August 31, 2012 10:34am

If you believe that any financial support that the Community provides is theft from the "makers" -- you're probably a republican (or libertarian loon)...

If you believe that financial support provided by the Community for the Common Good is the dues due from Mammon to Mammon for a working democracy -- you're probably NOT a republican or libertarian loon...

Unfortunately, the country is in the grip of the "republican so-called mind"...