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Senate Proceeding 12-22-09 on Dec 22nd, 2009 :: 2:44:15 to 2:55:00
Total video length: 4 hours 35 minutes Stream Tools: Stream Overview | Edit Time

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Max Baucus

2:43:53 to 2:44:15( Edit History Discussion )

Max Baucus: sort of will legislation, we're reaching a low point in terms of partisanship. it is very of us in the last several days are -- have been scratching our heads just trying to figure out what could we do to avoid this next year. and the hope springs eternal.

Max Baucus

2:44:15 to 2:55:00( Edit History Discussion )
Speech By: Max Baucus

Max Baucus

2:44:16 to 2:44:36( Edit History Discussion )

Max Baucus: i know this senator and the -- and most senators want to try find ways for this body to be much more civil. we're not just blowing smoke here. we and i thank very much the senator from delaware for raising that point. it's needed and i do think this country is in trouble if we don't find

Max Baucus

2:44:37 to 2:44:57( Edit History Discussion )

Max Baucus: this excessive which is certainly harming our country. mr. president, on another matter, some of my colleagues on th asserted that the penalty proposed under the bill before us for failing to maintain health care reach is unconstitutional.

Max Baucus

2:44:58 to 2:45:19( Edit History Discussion )

Max Baucus: one senator has raised a point of order -- that's senator ensign -- on that subject and that is now pending. those of us who voted to proceed to the health reform bill and to vote for cloture on the substantive amendment take seriously our oath to support and defend the constitution. every senator here takes that oath of office very seriously.

Max Baucus

2:45:20 to 2:45:40( Edit History Discussion )

Max Baucus: and we have looked at this question as well seriously and have concluded that the penalty in the bill is constitutional. and those who study constitutional law as a line of work have drawn that same conclusion. most legal scholars have considered the question of requirement for individuals to purchase health coverage argue

Max Baucus

2:45:41 to 2:46:03( Edit History Discussion )

Max Baucus: forcefully that the requirement is within congress' power to regulate interstate commerce. take professor irwin cherwinsky, author of four popular treatieses and casebooks on constitutional law and the dean of the university of california

Max Baucus

2:46:04 to 2:46:25( Edit History Discussion )

Max Baucus: irvine school of law. professor far as to say that those arguing on the other side of this issue do not slightest merit of a constitutional perspective." end quote. an argument dk falls within congress' power to regulate interstate commerce, the professor compares health care

Max Baucus

2:46:26 to 2:46:46( Edit History Discussion )

Max Baucus: reform to the case of gonzalez vs. risch, often cited by the other side. in that case, the supreme court held that the federal government's commerce clause powers extend to the cultivation and possession of small amounts of marijuana for personal use. professor

Max Baucus

2:46:47 to 2:47:07( Edit History Discussion )

Max Baucus: the connection between health care coverage and the national economy is even clearer than the cultivation and possession involved in gonzalez vs. risch. mr. president, i ask unanimous consent that professor cherwinsky's los angeles times article be printed in the record at this point. the presiding officer: without objection.

Max Baucus

2:47:08 to 2:47:29( Edit History Discussion )

Max Baucus: mr. baucus: as a second example, i refer my colleagues to an article by mark hall, law professor at wake forest university. professor hall's article is a peer review analysis of the constitutionality of a federal individual responsibility requirement. in it, professor hall concludes that there are no clausible tenth amendment or states' rights issues arising from the

Max Baucus

2:47:30 to 2:47:50( Edit History Discussion )

Max Baucus: imposition by congress of an individual responsibility to maintain heah coverage. professor hall notes further that health care and health insurance both affect and are distributed through interstate commerce, and that gives congress the power to legislate a coverage requirement using his

Max Baucus

2:47:51 to 2:48:11( Edit History Discussion )

Max Baucus: congress clause powers. professor hall notes that the supreme court indicated its decision in united states vs. morrison, united states vs. lopez, two other cases relied on by the other side that the none the conduct in those cases were central to the cou's decisions in those cases that the government had not appropriately

Max Baucus

2:48:12 to 2:48:32( Edit History Discussion )

Max Baucus: exercised power under the commerce clause. health insurance, on the other hand, does not deal with criminal content. health insurance is commercl, it is economic in nature, and to reiterate, substantially affects interstate commerce. health insurance and health care

Max Baucus

2:48:33 to 2:48:55( Edit History Discussion )

Max Baucus: services are a significant part of the national economy. national health spending is 17.6% of the economy, and it is projected to increase from from $5 trillion in 2009 to to $4.7 trillion in 2019. private health insurance

Max Baucus

2:48:56 to 2:49:16( Edit History Discussion )

Max Baucus: spending is projected to be be $854 billion in 2009. it covers things like medical supplies, drugs and equipment that are shipped in interstate commerce. health insurance is sold by national or regional health insurance carriers. thus, health insurance is sold in interstate commerce. as well, claims payments flow through interstate commerce.

Max Baucus

2:49:17 to 2:49:38( Edit History Discussion )

Max Baucus: the individual responsibility requirement, together with other provisions in the act, will add millions of new consumers to the health insurance market, increasing the supply and demand for health care services. under existing health and labor laws, the federal government has a significant role in regulating health insurance.

Max Baucus

2:49:39 to 2:49:59( Edit History Discussion )

Max Baucus: have also said that congress has the constitutional authority to impose a requirement on individuals to maintain health coverage. jonathan adler, professor of law at case western reserve university school of law has stated, and i quote -- "in this case, the overall scheme would involve the regulation of commerce as the supreme court

Max Baucus

2:50:00 to 2:50:20( Edit History Discussion )

Max Baucus: has defind it for several decades, as it would involve the regulation health care markets. and the success of such a regulatory scheme would depend upon requiring all to participate." end quote. doug kendall of the constitutional accountability center similarly concluded, quote -- "the fundamental point behind pushing people into the

Max Baucus

2:50:21 to 2:50:42( Edit History Discussion )

Max Baucus: private insurance market is to make sure that uninsured individuals who can pay for health insurance don't impose costs on other taxpayers." professor michael dorff of the cornell university law school also noted that, quote -- "the individual mandate is plainly adapted to the undoubtedly legitimate end of regulating the

Max Baucus

2:50:43 to 2:51:03( Edit History Discussion )

Max Baucus: enormous and enormously important health care sector of the national economy. it is therefore constitutional." and robert shapiro, professor of law at emery university of law school stated and i quote -- "everyone thinks of the wisdom of the universal mandate or health care reform generally, it would be surprising if the constitution prohibited a democratic resolution of the

Max Baucus

2:51:04 to 2:51:25( Edit History Discussion )

Max Baucus: issue. happily, it does not." end quote. thus, mr. president, the weight of authority is that heth care and insurance represent interstate commerce, and the individual responsibility requirement to maintain coverage would be within the congress' power to regulate interstate commerce.

Max Baucus

2:51:26 to 2:51:46( Edit History Discussion )

Max Baucus: mr. president, in the last hour, several senators on the other side listed many organizations which they claim oppose the bill before us. i would like now to -- to indicate many organizations that favor the health care reform. i will begin with the american medical association.

Max Baucus

2:51:47 to 2:52:07( Edit History Discussion )

Max Baucus: that's the major doctors association that support this legislation. in fact, the incoming president, president-elect of the a.m.a. in a press conference here yesterday made that statement very clear. in addition, the american heart association supports the legislation. it believes that many patient-centered provisionsre a significant step forwards toward meaningful health care. the american hospital

Max Baucus

2:52:08 to 2:52:28( Edit History Discussion )

Max Baucus: association supports passage of this legislation. the american cancer society network supports this legislation. the federation of american hospitals also support it. national puerto rican coalition suppor i might say, mr. president, it would be unfair for me to say

Max Baucus

2:52:29 to 2:52:49( Edit History Discussion )

Max Baucus: these are all total hundred% endorsements, but rather these are statements of support from these organizations. some totally support it. some say there are very, very good features. so far as i know, none groups oppose this legislation. in fact, they favor it. some would like to see some changes, but they favor this legislation.

Max Baucus

2:52:50 to 2:53:12( Edit History Discussion )

Max Baucus: the american association of retired people supports this legislation. that's the largest seniors' group. they think this is good, and i'm sure for one -- a lot of reasons. one is itxtends the solvency of the medicare trust fund for another nine years. the business roundtable also supports this legislation. i will not say categorically, but i am willing to quote here

Max Baucus

2:53:13 to 2:53:35( Edit History Discussion )

Max Baucus: on behalf of members, i want to commend your efforts for a step toward our shared goal of providing affordable high-quality health care for all. it will include proitionz to accelerate and advance the process for delivery medicare system. it strengthens the mass between insurance reforms and individual obligations. we'll continue to work with you in congress to achieve the goals

Max Baucus

2:53:36 to 2:53:56( Edit History Discussion )

Max Baucus: we set forth when this process began. clearly, a statement in very strong support. american diabetes association also nor'easter, saying there are long overdue improvements in our broken heal care system. small business majority also believe the manager's amendment includes new provisions essential for small business protection survival. doctors for america supports

Max Baucus

2:53:57 to 2:54:18( Edit History Discussion )

Max Baucus: passage of this legislation. the national hospice and palliative care organization strongly supports this legislation. there has been some confusion whether they did or didn't, but the national hospice and the palliative care organization strongly supports it. i will read the quote here." on behalf of hospice and palliative care providers and

Max Baucus

2:54:19 to 2:54:40( Edit History Discussion )

Max Baucus: the 1.5 million patients, on and on, we would like to express our strong support for the national effort to enact health care reform. we act nonl the complexy, we applaud your recognition of various provisions supporting the bill. families u.s.a. supports this legislation, and aarp -- i mentioned aarp also supports it. community catalyst. that's another organization that

Max Baucus

2:54:41 to 2:55:00( Edit History Discussion )

Max Baucus: supports it. center f medco health, microsoft, a big company, of course, of the united states issued a strong statement approving the measures we are talking here. we just wanted to make the record clear that there are many organizations that support this

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