ObamaCare Versus Individual Freedom
President Obama’s new mandate requiring all employers to purchase
insurance coverage for their employees that includes abortion-inducing
drugs, sterilization and contraception is an outrage, of course.
But what kind of outrage is it? Most of the public outcry has
understandably centered around the mandate’s assault on religious
liberty.
The mandate forces every businessman or non-profit executive with
religious objections to these products to buy them anyway, or pay a
fine.
The mandate is unconstitutional, for its violation of the First
Amendment’s “free exercise” clause. It is also illegal, for its
violation of the 1993 Religious Freedom Restoration Act.
Some of the outrage has been rightly directed specifically at the
president, as both the mandate and the underlying law, ObamaCare, are
his doing.
Indeed, many pro-life citizens and members of Congress only supported
ObamaCare’s passage because the president assured them that conscience
rights would be protected. Thus the mandate is also a personal
betrayal.
And some of the outrage is more practical. The Obama
administration’s mathematically impossible assertion that abortion
drugs, sterilization and contraception will somehow now simply be
“free,” and thus not paid for by morally opposed insurance customers,
suggests the president believes in magic.
All of these affronts to the rights and intelligence of the American
people are enough to warrant the criticism the new mandate has
invited.
The violation of conscience rights is simultaneously
unconstitutional, illegal, and ridiculous – any one of which are
sufficient grounds for its immediate rescission.
Yet, it is still not our true cause of concern. Ultimately, the
character and ideology of the president, and the particular
constitutional provisions being trampled by this one mandate are
incidental, compared to the manifest threat to freedom intrinsic to
ObamaCare itself.
The problem is not
how the federal government is abusing its
new power in this instance, but that the government – indeed, a single
person – suddenly wields this power at all.
To many, the anti-religious freedom mandate seems like the beginning
of a slippery slope. Today, the government forces us to buy abortion
pills – tomorrow they may force us to pay for euthanasia, or deny
expensive treatments to the very weak or very old.
However, just as frightening as the proverbial slippery slope is the
proverbial see-saw. If a pro-choice liberal president can force
insurance companies to cover the morning after pill, could a pro-life
conservative president force them not to?
Could an anti-smoking president deny coverage for lung disease? Could
a president who embraced new age, alternative medicine restrict
coverage for traditional medical treatments?
The danger is not that they
would, but, under ObamaCare, that they
could.
That ObamaCare turns the temporary executive of one branch of a
limited government into an emperor with absolute power over one-sixth
of our economy, and the most intimate of personal life decisions.
Abraham Lincoln once said, “As I would not be a slave, I would not
be a master.” What he meant was that if we ourselves wish to live free
of oppression, we have a responsibility not to oppress others.
In the same way, if you don’t want government to coerce
your
health care choices, you should take great pains not to let government
coerce anyone else’s. Health insurance choices should be as diverse
as we are.
But that kind of freedom and diversity is prohibited under ObamaCare.
What this latest Obamacare mandate reveals is that this law is
fundamentally inconsistent with liberty.
The question is, which is more important? Is ObamaCare a threat to
freedom? Or is
freedom a threat to ObamaCare?
The controversy over this particular consequence of Washington’s
health care takeover will soon be followed by another, and another, and
another– the next mandate, the next rationing, the next restriction,
the next loss of liberty.
There will be no rest – ever – from these battles so long as
ObamaCare remains on the books. Regardless of their outcomes, these
battles by definition cannot be won.
All Americans – liberal or conservative, pro-life or pro-choice,
devout or secular – must recognize that these skirmishes are a trap, a
distraction.
A truly free people would never have them at all. They are like
arguments over the silverware pattern, while our house is burning down.
The threat to our constitution, our God-given rights, and
your privacy
is not in the government officials who have power over our health care
choices. The real threat is in the poisonous law that gives them that
power in the first place.
This controversy has taught us one thing: The government takeover of
health care is not merely imperfect, it is essentially corrosive. It
cannot be tweaked.
It cannot be improved on the margins. It cannot be fixed. ObamaCare is a cancer, and every last word of it must be repealed.
Jim DeMint is a conservative Republican Senator representing South Carolina.