Trampling on the Constitution WashTimesOpEd
According to this ill-conceived new law, a drug manufacturer who does not agree with the federal government’s price requirements in a so-called “negotiation process” may be slapped with a noncompliance fee starting at 65 percent of the total sales of the drug and increasing to 95% of total sales if the manufacturer is still out of compliance after 270 days.
I quickly voiced my concerns. Unfortunately, the Democrats were determined to claim a political victory and vilify both Republicans and all drug manufacturers, caring not a whit about the Constitution. It was a disturbing sentiment by my colleagues on the other side of the aisle. Congress has a duty to defend the Constitution. We all take that oath. Congress has a duty to determine whether legislation is constitutional. It’s not just up to our court system, culminating with the Supreme Court, to determine the constitutionality of a law.
By the time the bill reached the floor, defending the 5th Amendment and 8th Amendment from the violations in H.R.3 had become the Republican rallying cry. Three years after first being introduced, and after much discussion of its constitutionality, the provision was included in the final IRA. House Democrats, Senate Democrats, and the President of the United States all disregarded the clear unconstitutionality of the provision and yet again trampled on the Constitution.
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