At a recent town hall meeting Congressman Chaka Fattah routinely prefaced his answers to difficult questions with remarks like “You people and the constitution” or “you weren’t talking about the constitution when we were passing other types of legislation.” He also claimed it was contradictory to embrace the constitution, then push the federal government for tort reform.
The congressman may have a point about tort reform, I don’t see how the federal government could claim authority to set limitations on settlements within the several states, however they do set procedures and guidelines for all the courts, so tort reform on a federal level is very debatable. The tenth amendment however is not. The states would be well within their rights to initiate their own tort reform. Besides, independent studies show that the unholy alliance of congress and the AMA is just as culpable if not more for rising medical costs than congress’ relationship with the trial lawyers. The Bottom line, government’s willingness to meddle on the part of these lobbies is the real culprit.
What I really found illuminating were Fattah’s condescending comments toward those who reference the constitution in their opposition to Obamacare. To insinuate that defending the constitution is somehow hypocritical just because you did not do it before is absurd. It also shows a glaring ignorance of human nature and the current political climate. History has shown that a people will suffer many abuses before being moved to action. This is the case today, many of these folks have never been politically active nor have they ever before immersed themselves so deeply in our founding documents and principles. Quite simply, they have only recently become aware of congress’ transgressions. To follow Fattahs logic one would have no grounds to prosecute their longtime accountant for embezzlement simply because he was unaware of the crime. Ignorance of the Law is no defense, nor does it exempt you from protection under it.
Anthony D Dolpies
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