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View Full Version : Paul Ryan’s repeal and replace allows restraint of trade and price fixing to continue




johnwk
03-06-2017, 05:59 PM
I found no repeal of the McCarran-Ferguson Act in Paul Ryan’s REPEAL AND REPLACE PLAN (http://energycommerce.house.gov/sites/republicans.energycommerce.house.gov/files/documents/AmericanHealthCareAct.pdf)

Without a repeal of the McCarran-Ferguson Act, the State Legislatures and Insurance Companies will still be able to thwart competition across state lines and “legally” engage in price fixing, restraint of interstate trade and commerce, and monopolizing in the insurance industry within each State’s borders, which are indictable offenses under United States v. South-Eastern Underwriters Association, 322 U.S. 533 (1944),.

We all knew that Paul Ryan is the Washington Establishment's darling, and now we find his plan gives the Insurance industry a green light to thwart Congress’ power to regulate commerce among the states which was delegated to specifically insure “free trade” among the States.

JWK


Millions of citizens have lost their health-care under Obamacare, and many more millions cannot use Obamacare because of Obamacare’s outrageous premiums and deductible. Repeal and replace Obamacare with nothing, and repeal McCarran-Ferguson.

phill4paul
03-06-2017, 06:16 PM
I didn't expect the Replacement to correct anything that is currently wrong with the system. So, I'm not surprised.

johnwk
03-06-2017, 07:41 PM
House Speaker Paul Ryan SAID (http://www.foxnews.com/politics/2017/03/06/house-republicans-release-obamacare-replacement-bill.html) the bill would "drive down costs, encourage competition…” Ryan is full of bull-crap-ski. There is no repeal of the McCarran-Ferguson Act which is necessary to restore competition in the insurance industry.

On the other hand, Sen. Rand Paul, said the bill "looks like ObamaCare Lite to me ... It's going to have to be better."

I agree with Sen. Rand Paul!

JWK



American citizens are sick and tired of being made into taxslaves and forced to finance the personal economic needs of millions of foreigners who have invaded America’s borders.

johnwk
03-07-2017, 06:16 AM
The fact is, Ryan's plan does nothing to introduce competition across state lines and allows the insurance industry to continue in its evil ways. If Trump supports this piece of crap he will have reneged on one of his big promises!

The proposal also does nothing to stop illegal aliens from receiving taxpayer financed health-care.


JWK



American citizens are sick and tired of being made into tax slaves and forced to finance the personal economic needs of millions of foreigners who have invaded America’s borders.

johnwk
03-07-2017, 07:55 AM
As I understand it, during the current Bill’s writing there was bi-partisanship support and passage of a provision to repeal a section of the McCarran-Ferguson Act of 1945 with respect to health insurance, and it was included in the current Bill while in committee. In fact, while the Democrats controlled the House during the 111thCongress this desire to address McCarran-Ferguson passed with over 400 votes in favor! It also passed during the Republican control of the House during the 112th Congress by a voice vote. But somewhere along the line it was removed from the current Bill and there was absolutely no reason to remove it because of its bi-partisan support. It appears there is evil afoot and someone is protecting the health insurance industry from cross-state competition.

If Trump does not come out and demand a repeal of McCarran - Ferguson be included with respect to health insurance, you can bet your bottom dollar Trump has deceived us or someone is flimflamming and conning Trump!

JWK

johnwk
03-07-2017, 12:17 PM
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As a result of a Senate investigation in 1888-1889 which found a number of Trusts [sugar, beef, oil] were interfering with free trade among the States, the Sherman Anti Trust Act was passed to “protect trade and commerce against unlawful restraints and monopolies.” But the Act remained, as noted by Supreme Court Justice Harlan, “a piece of useless legislation.”


But in the mid 1940’s a criminal indictment was handed down charging 27 individuals with violations of the Sherman Anti-Trust Act. Some of the specific allegations were conspiracy, price fixing, restraint of interstate trade and commerce, and monopolizing trade and commerce. Please keep these charges in mind because they are very pertinent to our current situation and seem to reflect what folks in government have been engaged in. The defendants in the case claimed they were not required to conform to the standards of business conduct established by the Sherman Act because “the business of fire insurance is not commerce.” But the Supreme Court decided the insurance business was in fact commerce and subject to the Sherman Anti-Trust Act and Congress’s regulations. See SOUTH-EASTERN UNDERWRITERS ASSOCIATION, Decided June 5, 1944


Less than a year after the Supreme Court decision was handed down, Congress passed the McCarran-Ferguson Act of 1945 providing that the “business of insurance, and every person engaged therein, shall be subject to the laws of the several States which relate to the regulation or taxation of such business.” In other words Congress decides to overrule the Court’s decision and relinquish its constitutionally assigned duty to regulate commerce “among the States”, but only with regard to the insurance industry! And by neglecting this power the various State Legislatures are allowed to engage in practices which would otherwise be indictable offenses under the Sherman and Clayton Acts, and so, the various State Legislatures decide to engage in such practices e.g., adopting discriminatory laws which work to stifle competition from out-of-state companies (restraint of interstate trade and commerce).


The power of a State Legislature to impose discriminatory law upon out of state business entities doing business within their state is immediately tested in PRUDENTIAL INS. CO. vs. BENJAMIN (1946). The South Carolina law is upheld by the Supreme Court. The law imposed an annual tax of 3 percent of the premiums of out of state business entities conducted in South Carolina which is not imposed on instate business entities. In fact, the Court in handing down its decision ignored the very intentions for which Congress was granted power to regulate commerce among the states, which was to prohibit the various states from imposing discriminatory law upon out of state entities and undermine free trade among the States.


But what is most amazing, when one realizes it, the defendants in the SOUTH-EASTERN UNDERWRITERS ASSOCIATION case were charged with conspiracy in price fixing, restraint of interstate trade and commerce, and monopolizing trade and commerce. Well, with Congress’s behind-the-scene deal making in 1945, the McCarran-Ferguson Act was passed and paved the way for the various Sate Legislatures to “legally” engage in price fixing, restraint of interstate trade and commerce, and monopolizing the insurance industry within their borders, which are indictable offenses under SOUTH-EASTERN UNDERWRITERS ASSOCIATION


And now comes Obamacare which in fact is designed to engage in price fixing, restraint of interstate trade and commerce, and monopolizing the insurance industry on a federal level! Are these not indictable offenses under SOUTH-EASTERN-UNDERWRITERS-ASSOCIATION?

You be the judge. And, why is our Republican Party Leadership not calling for a repeal of the McCarran-Ferguson Act of 1945?


JWK

shakey1
03-07-2017, 01:23 PM
http://3.bp.blogspot.com/-4kcGbBfpylA/TiPgqAx_x4I/AAAAAAAAHxw/fkfsp5KM0xQ/s1600/Paul+Ryan+Douche.jpg

Superfluous Man
03-07-2017, 01:29 PM
I found no repeal of the McCarran-Ferguson Act in Paul Ryan’s REPEAL AND REPLACE PLAN (http://energycommerce.house.gov/sites/republicans.energycommerce.house.gov/files/documents/AmericanHealthCareAct.pdf)

Without a repeal of the McCarran-Ferguson Act, the State Legislatures and Insurance Companies will still be able to thwart competition across state lines and “legally” engage in price fixing, restraint of interstate trade and commerce, and monopolizing in the insurance industry within each State’s borders, which are indictable offenses under United States v. South-Eastern Underwriters Association, 322 U.S. 533 (1944),.

We all knew that Paul Ryan is the Washington Establishment's darling, and now we find his plan gives the Insurance industry a green light to thwart Congress’ power to regulate commerce among the states which was delegated to specifically insure “free trade” among the States.

JWK


Millions of citizens have lost their health-care under Obamacare, and many more millions cannot use Obamacare because of Obamacare’s outrageous premiums and deductible. Repeal and replace Obamacare with nothing, and repeal McCarran-Ferguson.


You realize that this plan is not just Paul Ryan's, but also your hero Trump's. Right?

MallsRGood
03-07-2017, 01:48 PM
Agreed re Obamacare-Lite, just a side point...


As a result of a Senate investigation in 1888-1889 which found a number of Trusts [sugar, beef, oil] were interfering with free trade among the States...

The whole "trust busting" episode of the late 19th/early 20th century was a farce.

a) the trusts didn't need busting (they all failed on their own, unable to suppress competition, as must happen in an unfettered market economy)

and (b) anti-trust actions are actually anti-competitive, used by politically-connected companies to crush their competitors

johnwk
03-07-2017, 02:09 PM
Trump's original five core principles for repeal and replacement of Obamacare (http://www.cnbc.com/2017/02/28/trump-health-care-five-principles-for-obamacare-replacement.html)

Trump's outline for replacing Obamacare included:

Ensuring people with pre-existing health conditions areguaranteed "access" to health insurance, "and that we have astable transition for Americans currently enrolled in the health-careexchanges.

Giving people who buy their own health coverage tax creditsand expanded health savings accounts to help pay for their coverage, as well asflexibility about the design of their plans.

Give states "the resources and flexibility" intheir Medicaid programs "to make sure no one is left out." Medicaidcovers primarily poor people.

Legal reforms to protect doctors and patients "fromunnecessary costs" that drive up insurance costs, and to bring down theprice of high-cost drugs.

Creating a national insurance marketplace that allowsinsurers to sell health plans across state lines.



Now today [3/7/17], during the daily press briefing LINK (https://youtu.be/Y9L49P6UkqM?t=2471), the five core principles of the House repeal and replace plan were given, and purchasing across state lines is no longer one of the principles. Spicer laid out the principles which did not include purchasing across state lines and repeal of McCarran- Ferguson. This shows they will give lip service to purchasing across state lines, but it is no longer one of the core principles which Trump promised.

We are being had and it appears Trump has been flimflammed or, he is now part of the problem!

JWK

johnwk
03-07-2017, 05:34 PM
You realize that this plan is not just Paul Ryan's, but also your hero Trump's. Right?

Stop with your Agent Provocateur posts. If you have nothing productive to offer in the discussion, and are not interested in a productive discussion concerning the issue, have the decency to not post in the thread.


JWK




Millions of citizens have lost their health-care under Obamacare, and many more millions cannot use Obamacare because of Obamacare’s outrageous premiums and deductible. Repeal and replace Obamacare with nothing, and repeal McCarran-Ferguson.

johnwk
03-07-2017, 08:01 PM
Paul Ryan and his swamp creature allies are perpetuating a big lie that they cannot include a repeal of McCarran – Ferguson in the House Bill ___ which would assure the purchase of health insurance across State lines and introduce competition in the insurance industry ___ because of reconciliation and the need to keep a simple majority 51 vote margin to get the Bill passed.


The reason this is a big-freaken-lie with regard to the purchase of health insurance across state lines is, while the Democrats controlled the House during the 111thCongress, the desire to address McCarran-Ferguson passed with over 400 votes in its favor! It also passed during the Republican control of the House during the 112th Congress by a voice vote. The fact is, there is bi-partisan support for repealing McCarran-Ferguson, but somewhere along the line it was removed from the current Bill, and there was absolutely no reason to remove it because of its bi-partisan support! As a matter of fact, keeping such a repeal would add to the attractiveness of Ryan’s repeal and replace Bill.


Unfortunately, it appears there is evil afoot and someone is protecting the health insurance industry from cross-state competition, and Paul Ryan is apparently doing their bidding and giving us, and probably President Trump, the business ___ that this issue [purchasing insurance across state lines and introducing free market principles] will be addressed in phase two of Ryan’s plan.

If Trump does not come out and demand a repeal of McCarran - Ferguson to be included in the original Bill, you can bet your bottom dollar President Trump has deceived us, or someone is flimflamming and conning Trump into accepting the “phase two” switch and bait BS which will never happen. I believe the latter is true and Paul Ryan and his swamp creature Establishment pals are behind stripping out a repeal of McCarran-Ferguson so price fixing, restraint of interstate trade and commerce, and monopolizing the insurance industry within the various state borders can continue. It is a very, very profitable way to do business.


Keep in mind repeal of McCarran-Ferguson restores Congress’ power and duty to regulate commerce among the States to ensure free trade among them, e.g., to prevent discriminatory laws put upon out-of-state business entities doing business within another state’s borders. But, restoring this power does not allow Congress to enter the states and meddle in the internal matters of the states which is forbidden by the Tenth Amendment. It would simply end the insurance industry’s antitrust exemption which other industries are subject to, and it would allow free trade competition to be introduced into the insurance industry.


Hopefully President Trump is simply being conned, and someone will open his eyes to what the swamp creatures are up to.

JWK




Today’s corrupted politics is all about the Benjamins, and which political party's leadership can put their hand deeper into the productive working person’s pocket.

Zippyjuan
03-07-2017, 09:00 PM
Summary of proposals and comparison to Obamacare: https://www.washingtonpost.com/graphics/politics/how-aca-replacement-compares/

CPUd
03-07-2017, 10:22 PM
839180605057179652
https://twitter.com/bpolitics/status/839180605057179652

Superfluous Man
03-08-2017, 08:13 AM
Stop with your Agent Provocateur posts.

But you know that what I said is true.

The first step to productive discussion on this issue is identifying the enemy. And that's Donald Trump.

Superfluous Man
03-08-2017, 08:14 AM
If Trump does not come out and demand a repeal of McCarran - Ferguson to be included in the original Bill, you can bet your bottom dollar President Trump has deceived us,

You don't say.

Brian4Liberty
03-08-2017, 10:05 AM
I found no repeal of the McCarran-Ferguson Act in Paul Ryan’s REPEAL AND REPLACE PLAN (http://energycommerce.house.gov/sites/republicans.energycommerce.house.gov/files/documents/AmericanHealthCareAct.pdf)


The "official" story is that it can't be done right now due to procedural rules in Congress. Watch videos from Paul Ryan and Tom Price this week where they give their reasoning and justifications. No doubt they have also briefed Trump with this, and that is why Trump is on board.

The relevant question is will these later phases actually occur? In reality, that is very much up in the air, and depends upon how much you trust Paul Ryan and Mitch McConnell.

johnwk
03-08-2017, 07:10 PM
http://www.ronpaulforums.com/images/misc/quote_icon.png Originally Posted by johnwk http://www.ronpaulforums.com/images/buttons/viewpost-right.png (http://www.ronpaulforums.com/showthread.php?p=6429985#post6429985) If Trump does not come out and demand a repeal of McCarran - Ferguson to be included in the original Bill, you can bet your bottom dollar President Trump has deceived us,


You don't say.

That's some very clever editing my friend. What I actually wrote in context was

"If Trump does not come out and demand a repeal of McCarran - Ferguson to be included in the original Bill, you can bet your bottom dollar President Trump has deceived us, or someone is flimflamming and conning Trump into accepting the “phase two” switch and bait BS which will never happen. I believe the latter is true and Paul Ryan and his swamp creature Establishment pals are behind stripping out a repeal of McCarran-Ferguson so price fixing, restraint of interstate trade and commerce, and monopolizing the insurance industry within the various state borders can continue. It is a very, very profitable way to do business."


JWK

johnwk
03-08-2017, 07:18 PM
The "official" story is that it can't be done right now due to procedural rules in Congress. Watch videos from Paul Ryan and Tom Price this week where they give their reasoning and justifications. No doubt they have also briefed Trump with this, and that is why Trump is on board.

The relevant question is will these later phases actually occur? In reality, that is very much up in the air, and depends upon how much you trust Paul Ryan and Mitch McConnell.

Let us not forget the Democrats had no problem with procedural rules ... they ignored them to push through their socialist, Marxist, big-government takeover of our personal choices and decisions regarding our health-care needs. Paul Ryan and his swamp creature pals, including Mitch McConnell, have no intention to fulfil any promises if the original bill is adopted, and that means there will be no effort to end the insurance industry's exemption from anti-trust laws which all other industries must follow, nor will they work to make sure people can purchase insurance across state lines.


JWK