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Is there any doubt that John Boehner is the worst Speaker of the House of Representatives ever?  Under his leadership, spending has gone up dramatically.  Instead of cutting spending as he was put in power to do, he has contributed to even more red ink.  Under his leadership, there has been no meaningful attempt to repeal Obamacare. 

 

Now he is doing something else that only solidifies his position as the worst Speaker ever.

 

What is it?

 

John Boehner has decided to advance a Medical Malpractice bill to the floor of the House as a part of a deal to repeal the Independent Payment Advisory Board.  This Board is part of Obamacare and exists allegedly to cut the costs of Medicare.

 

Medical Malpractice is not one of the sexy issues people get involved in such as spending.  A lot of conservatives take a look at the issue of Federal Medical Malpractice laws and say screw it; this only benefits the trial lawyers.

 

Wrong!

 

The Med Mal bill that John Boehner is going to allow to go forward to the floor of the House effectively limits non-economic damages to $250,000 and limits attorney’s fees.

 

Here is a quick question.

 

Can someone show me in the Constitution where such a concept is allowed?

 

The laws regarding Torts, lawsuits and attorneys’ fees are regulated by the States. In other words, the States govern all attorney licensing and fee regulation.  They have since 1789.   If you sue someone in Federal Court for a Tort, such as Medical Malpractice, the Federal Rules of Procedure may control the case, but the laws that govern the case are state laws enacted by the state legislature.

 

If the Federal government can simply impose these laws on states, it has the net effect of erasing the states.  The Tenth Amendment will become null and void.

 

As a practical matter, the primary beneficiary of this law is the American Medical Association.   You remember the AMA.  They were one of the leading voices behind Obamacare.   Why are the Republicans rewarding the AMA?

 

The AMA is like John Boehner.  The AMA could not find the Constitution, if it knew where to look and even if it found the Constitution, it could not understand it. 

 

The Med Mal legislation is as unconstitutional as Obamacare is.  Perhaps that is why the AMA likes it so much.

 

If the Federal government can reach down and tell states how tort law must be handled, and tell lawyers what their fees can be, what will stop them from telling doctors what their fees can be? Or for that matter what about plumbers or any other occupation?

 

If the Federal government can tell people in a profession how much they can charge, how much of a stretch is it before the Federal government starts regulating how many people can enter a profession?

 

Sort of sounds like our old friend, the former U.S.S.R. doesn’t it?

 

In short, this is a huge overreach by the federal government.

 

Does anyone remember the text from the Declaration of Independence?  Among other things, the Declaration says, “He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance.”  This line could easily be written about the Federal Government today.

 

So much of what the Congress and the Federal Government does is blatantly unconstitutional.  This is one more overreach.

 

We must stop this Congress from reaching beyond the limits of the Constitution and imposing laws from Washington that our founding fathers never intended them to enact and never intended for them to have the power to enact.

 

Call your Congressman this upcoming week and tell him or her that Federal Medical Malpractice is unconstitutional.  Tell them to follow the Constitution and vote against this bill that is as unconstitutional as Obamacare!

Tags: boehner, federal, john, malpractice, medical, reform, tort, unconstitutional

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I've got a fiance' on the edge of DEATH suffering from Guillain-Barre Syndrome and all I hear is a nation of BABIES crying about how the big bad president is doing so much bad dthings against them! WHEN IS SOMEONE IN WHATIS LEFT OF THIS COUNTRY GOING TO GET THE TESTICULAR FORTITUDE TO GO TO WASHINGTON AND START TO KICK SOME SERIOUS ASS AND THROW THESE BASTARDS OUT IN THE STREET AND START SOME TAR AND FEATHERING ? ALL I HEAR IS A BUNCH OF VENTING AND NO ACTION! GETUP OFF OF YOUR DEAD ASSES AND DO SOMETHING FOR A CHANGE!  THIS VOTING CRAP IS JUST THAT...CRAP! IT'S TIME TO DO SOMETHING NOW!!!

I'll buy the tar and feathers.

I signed the petion to remove Boehner and put in Michelle Bachman

Where do I sign?

we all need to get together as a group and Fly to DC stay in a hotel and go visit our senators and Congressman or women you must call them 1st and make an appoinment

I HOPE SOME NICE (REAL) CONSERVATIVE SENDS OUR ESTEEMED(((((((GAGG)))) SPEAKER OF THE HOUSE TO HIS OWN HOUSE FOR GOOD HIS NEXT REUP ELECTION

What is wrong with everyone??!!

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