•8:04 PM
What is the end or purpose of Government? According to the first draftsman of our Constitution, “Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit (Footnote 1).”
We need government and we need it to administer justice for all. Therefore, government has a place in health care. As has been plainly illustrated to a point beyond reasonable argument, that place is not in the further entrenchment of the government in taking over private industries but is rather in regulating them and seeing that the principles of Justice and Liberty are protected and strengthened – not lessoned or altogether destroyed.
An over zealous government, however, is not the only way to lose Justice and Liberty. Unfair and unbridled capitalism can be just as dangerous to justice and the liberty of the People. To protect the citizens of a Free country against the usurpation of power and undue influence by others, including corporations, government serves as the arbitrator and administrator of supposedly blind justice. These just laws bring all mankind to the level and force us to operate as equals – each having their fair chance to succeed or fail based on their own efforts, or lack thereof, and not by the unfair forces of others.
One such just law is the the Antitrust law.
In 1993, the Supreme Court ruled that the purpose of this laws is:
"not to protect businesses from the working of the market; it is to protect the public from the failure of the market. The law directs itself not against conduct which is competitive, even severely so, but against conduct which unfairly tends to destroy competition itself (Footnote 2)."
If, from this statement, Antitrust laws are instituted to protect the public from the failure of the market, can we not infer that one of the major causes of market failures is a lack of competition itself – hence the need to create and enforce such laws? Indeed we can.
And, who will not agree with the fact that the health care market has failed the consumer by not providing them with quality services at affordable prices? So, if the health care market has indeed failed us, can we not conclude that part of its failure is based on the injustice of trusts or monopolies which altogether eliminate competition and free market forces? Again, indeed we can.
The failure that has lead us to this issue has arisen from a suppression of the Free Market – not the result of a free market - and an unjust protection by government on the insurance industry.
I will explain.
As much as some would like us to believe that reforming health care is a complicated issue, the truth of the matter is that making some very basic and essential adjustments would do more for American health care than most of the changes being debated. The most basic and immediate of changes that is needed is reforming the insurance industry to increase competition. One major obstacle toward creating a competitive market in health insurance is that the insurance industry, by law, doesn't have to compete.
The Insurance Industry is one of only two that are exempt from Federal Antitrust laws. The other industry is that of Major League Baseball (how did that happen?). Again, by law, insurance companies do not actually have to compete on a fair and level ground with each other. On the contrary, they are free to fix prices, collaborate on product offerings and gather information together. How is that a free market? It isn't. Also, in such an environment how can prices be driven lower through market forces if free market forces don't even exist? The answer is they won't ever go down. On the contrary, because of the ambition and self interest of man, they will only go up.
If we want the market to succeed as it does in every other well established industry, wouldn't we want “to protect the public from the failure of the market” and institute a law against health insurance monopolies “which unfairly tends to destroy competition itself”?
We would – absolutely.
Accordingly, that is why the first, and most basic reform in creating a free market health care system that works for America, is that of repealing the Antitrust exemption health insurance companies enjoy. It is necessary. It is absolute. It is non-negotiable if we are to truly create an environment where Justice is administered and society is blessed. Only by creating an environment where companies compete for business will better service at lower costs be offered. This is the first step to that.
Both an over zealous government and unfair and unbridled capitalism are detrimental to justice and the liberty of the People. To restore Justice and Freedom to the health care industry, this is a recommendation that must be enacted.
______________________________
1.Federalist #51, James Madison
2.Spectrum Sports, Inc. v. McQuillan, 506 U.S. 447, 458 (Supreme Court 1993)
We need government and we need it to administer justice for all. Therefore, government has a place in health care. As has been plainly illustrated to a point beyond reasonable argument, that place is not in the further entrenchment of the government in taking over private industries but is rather in regulating them and seeing that the principles of Justice and Liberty are protected and strengthened – not lessoned or altogether destroyed.
An over zealous government, however, is not the only way to lose Justice and Liberty. Unfair and unbridled capitalism can be just as dangerous to justice and the liberty of the People. To protect the citizens of a Free country against the usurpation of power and undue influence by others, including corporations, government serves as the arbitrator and administrator of supposedly blind justice. These just laws bring all mankind to the level and force us to operate as equals – each having their fair chance to succeed or fail based on their own efforts, or lack thereof, and not by the unfair forces of others.
One such just law is the the Antitrust law.
In 1993, the Supreme Court ruled that the purpose of this laws is:
"not to protect businesses from the working of the market; it is to protect the public from the failure of the market. The law directs itself not against conduct which is competitive, even severely so, but against conduct which unfairly tends to destroy competition itself (Footnote 2)."
If, from this statement, Antitrust laws are instituted to protect the public from the failure of the market, can we not infer that one of the major causes of market failures is a lack of competition itself – hence the need to create and enforce such laws? Indeed we can.
And, who will not agree with the fact that the health care market has failed the consumer by not providing them with quality services at affordable prices? So, if the health care market has indeed failed us, can we not conclude that part of its failure is based on the injustice of trusts or monopolies which altogether eliminate competition and free market forces? Again, indeed we can.
The failure that has lead us to this issue has arisen from a suppression of the Free Market – not the result of a free market - and an unjust protection by government on the insurance industry.
I will explain.
As much as some would like us to believe that reforming health care is a complicated issue, the truth of the matter is that making some very basic and essential adjustments would do more for American health care than most of the changes being debated. The most basic and immediate of changes that is needed is reforming the insurance industry to increase competition. One major obstacle toward creating a competitive market in health insurance is that the insurance industry, by law, doesn't have to compete.
The Insurance Industry is one of only two that are exempt from Federal Antitrust laws. The other industry is that of Major League Baseball (how did that happen?). Again, by law, insurance companies do not actually have to compete on a fair and level ground with each other. On the contrary, they are free to fix prices, collaborate on product offerings and gather information together. How is that a free market? It isn't. Also, in such an environment how can prices be driven lower through market forces if free market forces don't even exist? The answer is they won't ever go down. On the contrary, because of the ambition and self interest of man, they will only go up.
If we want the market to succeed as it does in every other well established industry, wouldn't we want “to protect the public from the failure of the market” and institute a law against health insurance monopolies “which unfairly tends to destroy competition itself”?
We would – absolutely.
Accordingly, that is why the first, and most basic reform in creating a free market health care system that works for America, is that of repealing the Antitrust exemption health insurance companies enjoy. It is necessary. It is absolute. It is non-negotiable if we are to truly create an environment where Justice is administered and society is blessed. Only by creating an environment where companies compete for business will better service at lower costs be offered. This is the first step to that.
Both an over zealous government and unfair and unbridled capitalism are detrimental to justice and the liberty of the People. To restore Justice and Freedom to the health care industry, this is a recommendation that must be enacted.
______________________________
1.Federalist #51, James Madison
2.Spectrum Sports, Inc. v. McQuillan, 506 U.S. 447, 458 (Supreme Court 1993)
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