What's in a name? A health-care law by any other name ...

When a Virginia federal judge decided last week that it’s unconstitutional to require everyone to have health insurance, some wondered why it’s constitutional to mandate car insurance and Social Security.

Car insurance isn’t at issue. It’s required by states and the 10th Amendment sets aside matters not covered by the Constitution to them. But how did Social Security, which requires everyone to have old age, survivors and disability insurance, survive for 75 years?

In fact, it very nearly didn’t. Social Security barely avoided being declared unconstitutional by the Supreme Court in its second year. The vote was 7-2 and 5-4 in two cases decided on the same day in 1937.

The first found the Social Security Act, by providing insurance and unemployment benefits, promoted the general welfare, which is enshrined in the Constitution and very desirable during a Depression. The second said financing Social Security with a tax was consistent with the Congress’ constitutional right to raise taxes. Citizens were not required to buy insurance policies but Congress could tax them in order to insure their old age.

The new health-care law, however, doesn’t tax us to pay for health insurance premiums. It requires us to buy the insurance, and opponents argue if the government can make us buy insurance, it can make us buy anything else and that’s unconstitutional. We’ll see.

u      u      u

And while we’re discussing the health-care law and Social Security, what’s with those two names? Social Security sounds official, yet warm and welcoming. The health-care law isn’t even capitalized.

In most news stories, it’s just called the health-care law or derisively, Obamacare, but hardly anyone knows its real name. Maybe it’s because it’s had two awful names, the Patient Protection and Affordable Health Care Bill, which was amended and became the Health Care and Education Reconciliation Law.

Not quite as catchy as the GI Bill of Rights, Lend Lease, Social Security or even the misleadingly named Patriot Act. And therein lies one of the many problems with the long-awaited law designed to improve the nation’s health care. To get people to understand what a bill or a law is all about, and maybe even support it, it’s a good idea to start with an understandable name and then see to it that your opponents do not define what’s in it.

Government documents have recently been trying to call this law without a name the Affordable Health Care Act for All Americans, but since the law has yet to provide affordable health care for all Americans and health-care costs seem to be going up, it hasn’t quite caught on.

What you call a law is important when you’re trying to sell it to the public. Roosevelt and the people around him knew that when they passed the largest government program the world has ever known, they did it in the midst of the greatest financial crisis the world has ever known and gave it a name everyone understood, Social Security. (It was introduced as the Economic Recovery Act — a good name — but changed to Social Security — a better name — before Congress voted.)

u      u      u

Like Social Security and Medicare before it, health-care reform’s enemies have tried to label and define it. Social Security was seen in conservative circles as heralding a socialist America or worse. A leader of the U.S. Chamber of Commerce called it a plan to Soviet-ize America.

With unemployment twice as high as it is now, workers found notes in their pay envelopes warning them Social Security would cause more layoffs as employers simply couldn’t afford a Social Security tax in a Depression. But Social Security trumped all that, became the law and two years later, survived two Supreme Court challenges.

Many of us remember how Medicare was vilified as socialized medicine by everyone from the medical profession to the governor of California, Ronald Reagan, and we needn’t take that short trip down memory lane to recall last year’s many assaults on health care as socialized medicine with death panels.

And so, before other states join Virginia in declaring health care reform unconstitutional and the law goes to the Supreme Court for an almost guaranteed 5-4 vote, it might be a good idea to find it a better name.

Dick Ahles is a retired journalist from Simsbury. E-mail him at dahles@hotmail.com.

Latest News

Robert J. Pallone

NORFOLK — Robert J. Pallone, 69, of Perkins Street passed away April 12, 2024, at St. Vincent Medical Center. He was a loving, eccentric CPA. He was kind and compassionate. If you ever needed anything, Bob would be right there. He touched many lives and even saved one.

Bob was born Feb. 5, 1955, in Torrington, the son of the late Joseph and Elizabeth Pallone.

Keep ReadingShow less
The artistic life of Joelle Sander

"Flowers" by the late artist and writer Joelle Sander.

Cornwall Library

The Cornwall Library unveiled its latest art exhibition, “Live It Up!,” showcasing the work of the late West Cornwall resident Joelle Sander on Saturday, April 13. The twenty works on canvas on display were curated in partnership with the library with the help of her son, Jason Sander, from the collection of paintings she left behind to him. Clearly enamored with nature in all its seasons, Sander, who split time between her home in New York City and her country house in Litchfield County, took inspiration from the distinctive white bark trunks of the area’s many birch trees, the swirling snow of Connecticut’s wintery woods, and even the scenic view of the Audubon in Sharon. The sole painting to depict fauna is a melancholy near-abstract outline of a cow, rootless in a miasma haze of plum and Persian blue paint. Her most prominently displayed painting, “Flowers,” effectively builds up layers of paint so that her flurry of petals takes on a three-dimensional texture in their rough application, reminiscent of another Cornwall artist, Don Bracken.

Keep ReadingShow less
A Seder to savor in Sheffield

Rabbi Zach Fredman

Zivar Amrami

On April 23, Race Brook Lodge in Sheffield will host “Feast of Mystics,” a Passover Seder that promises to provide ecstasy for the senses.

“’The Feast of Mystics’ was a title we used for events back when I was running The New Shul,” said Rabbi Zach Fredman of his time at the independent creative community in the West Village in New York City.

Keep ReadingShow less
Art scholarship now honors HVRHS teacher Warren Prindle

Warren Prindle

Patrick L. Sullivan

Legendary American artist Jasper Johns, perhaps best known for his encaustic depictions of the U.S. flag, formed the Foundation for Contemporary Arts in 1963, operating the volunteer-run foundation in his New York City artist studio with the help of his co-founder, the late American composer and music theorist John Cage. Although Johns stepped down from his chair position in 2015, today the Foundation for Community Arts continues its pledge to sponsor emerging artists, with one of its exemplary honors being an $80 thousand dollar scholarship given to a graduating senior from Housatonic Valley Regional High School who is continuing his or her visual arts education on a college level. The award, first established in 2004, is distributed in annual amounts of $20,000 for four years of university education.

In 2024, the Contemporary Visual Arts Scholarship was renamed the Warren Prindle Arts Scholarship. A longtime art educator and mentor to young artists at HVRHS, Prindle announced that he will be retiring from teaching at the end of the 2023-24 school year. Recently in 2022, Prindle helped establish the school’s new Kearcher-Monsell Gallery in the library and recruited a team of student interns to help curate and exhibit shows of both student and community-based professional artists. One of Kearcher-Monsell’s early exhibitions featured the work of Theda Galvin, who was later announced as the 2023 winner of the foundation’s $80,000 scholarship. Prindle has also championed the continuation of the annual Blue and Gold juried student art show, which invites the public to both view and purchase student work in multiple mediums, including painting, photography, and sculpture.

Keep ReadingShow less