Posted by
Dash42 on Monday, August 10, 2009 3:27:55 PM
Congresswoman Giffords,
I must take exceptional issue with your apparent refusal to conduct Town Hall meetings regarding your likely support of HR3200. As you must be aware, most of your ordinary constituents are either extremely concerned about certain provisions or adamantly opposed after having read the proposed legislation. I proudly consider myself part of the later.
To be fair, I do understand the need for regulatory and tort reform in the Health Insurance market, and that Congress does have clear written Constitutional Authority to do this limited amount. However, neither Congress nor the Executive has Constitutional Authority to interfere in actual care decisions between a medical professional and his patient. Further, the Supreme Court has ruled on this issue at least twice (In Linder v. United States, 268 U.S. 5, 18, 45 S. Ct. 446 (1925), The court ruled: "Obviously, direct control of medical practice in the of states is beyond the power the federal government."
In U.S. v. Anthony, 15 Supp. 553, 555, (S.D. Ca., 1936) and U.S. v. Evers, 453 F. Supp. 1141, 1150 (M.D. Ala., 1978), the court ruled: "...The direct control of medical practice has been left to the states.") and in many other specific instances.
In short, you have NO, ZERO, Constitutional authority for this legislation (same for Cap and Trample - which is founded on questionable 'science' at best) and your Oath of Office (to support and DEFEND the Constitution) requires you to OPPOSE this legislation.
If you would like to propose limited legislation, limited to 'pain & suffering' awards in malpractice, allowing interstate sale of smorgasbord health insurance plans (elimination of State/Federally mandated coverages) - i.e. YOUR PRIVATELY administered plan, I will be more than happy to give it a fair read and likely support. As this legislation stands now, I can not in good conscience to MY oath to support and defend the Constitution (3 times as Enlisted AF) and as a citizen of the United States, allow this legislation to go unopposed.
Finally, while your own site states that you caucus with the Blue Dogs, your voting record (as far as I have been able to determine), states otherwise. In short, your votes have been overwhelmingly in support and lockstep with the Current leadership. I understand your desire for preferred committee assignments to work for what you feel is necessary to your Constituents in the 8th District, the State of Arizona, and the United States, and I could respect that if your votes on vital matters actually support this. The record accurately reflects that it does not, and I can not in good conscience support your reelection at this time.
Most Respectfully Submitted,
Your Constituent,
Jonathan P Gilbert
(SSGT, USAF 1985-2001)