Dude, Where's My Constitutional Amendment?

The guy who wrote this:

If something as stupid as having a beer caused such a problem, why do we think we'll do better with national health care? I don't know about you, but I'm not real comfortable committing trillions of dollars to something without some sort of constitutional amendment. Passing thousands of pages of a bill through Congress feels like it's circumventing the system. (cite)

was a genius! Oh, wait, that was me. But still, doesn't all the wrangling over health care make you feel a little slimy, too?

I was referring to the 18th Amendment when I wrote the above. Any one remember the 18th Amendment? Well, of course, not literally remember it. It was passed in 1919 and on 17 January 1920, America's great 14-year experiment with Prohibition began. There have been books written about Prohibition, none of which I've read, which will become painfully obvious here. But that isn't the point of today's lesson. Today, I want to discuss alcohol, health care, and amending our Constitution.

Here's today's question
If it took an amendment to the Constitution to keep people from having a cold beer, why are we letting Congress get away with a voluminous bill that has an even more far-reaching impact on our lives than prohibition?

Shoulda-woulda-coulda
Prior to 1919, the States, and to some extent the Federal government, had the powers to regulate and tax the alcohol industry into oblivion. They could have passed bills to cripple alcohol sales if that is what they wanted, but they chose to amend the Constitution. Not an easy trick in even the best of political climates. The amendment process requires months, often years, of debate in every State. It was set up this way to make sure that if we want to do something monumental, we damn well agree that it's the right thing to do.

OK, bad example. It took about 30 seconds to realize that Prohibition was a stupid idea, but it took 14 years to re-amend the Constitution with the 21st amendment which undid that monumentally stupid 18th amendment. Seemed like a good idea at the time, though. It did give us a moment of clarity during which we passed the 19th amendment giving women the right to vote. Yeah, that one seemed like a good idea at the time, too.

So where's our caution today?
Where is the measured, reasoned, seasoned, debate at the State level? Why is Congress toying with a bill so enormous it that makes a Stephen King novel look like a Dr. Seuss book? If an amendment was good enough for beer, isn't it good enough for morphine? Where's my Constitutional amendment for universal health care?

We're talking about health care reform. We're talking about something that will touch every American. We're talking about something that will reach into the very workings of our every-day lives. We're talking about something that will cost three trillion dollars ($3,000,000,000,000) just to get started and trillions more during our generation. We're talking about a deficit we will hand down to our great-grandchildren. And we're doing it like it was a Cash for Clunkers program or some tax rebate for solar panels.

Dude! Where's our Constitutional amendment?

Short Circuit?
Don't you feel the least bit short-changed in all of this? I do. Congress has a bill that, if it becomes law, literally reaches into your bank account to withdraw insurance premiums and penalties. Don't you think that might circumvent the 4th Amendment? Let's call those "premiums" what they really are, a tax. Are you starting to feel a little slimy, at least a little damp?

So here we are on this bulldozer, roller-coaster of hope and change, with the throttle wide open and no brakes. We don't have the luxury of a Constitutional amendment because we are in a health care crisis. All we can do is shout at each other in town hall meetings with our Representatives and Senators and through all the ruckus, not one power-hungry, Washington-dwelling, slick-haired, fast talker has taken a step back and said, "You know what? We should really let these crazy people scream at each other for a while. How about we propose an amendment to the Constitution and let the States wrangle about it for a while?" Of course, they would be delegating authority, aka, giving up power, and no one wants that.

And if you say ramming through health care reform due to this crisis is all Constitutional because it will "promote the general Welfare" I'll be happy to sit down and discuss the issue with you. We can even do it over a cold beer thanks to our Constitutional amendment process. You can even help me plan my lawsuit on the grounds that my 4th Amendment rights were violated. Dude, we're going to the Supreme Court!