For months, through debates, TV commercials, and stump speeches, we’ve heard about Romney’s greatest vulnerability; the one glaring reason why his candidacy cannot hope to prevail against Obama: “RomneyCare.” The argument has been that Romney’s Massachusetts health care plan was the forerunner to ObamaCare, the model that paved the way for the federal takeover of our nation’s health system. Due to this similarity, Romney will “give away” the issue and be unable to make the repeal of the unpopular federal plan a theme of his campaign. Romney, so the argument goes, will be unable to pivot against Obama in a debate on this issue, and his similarity to Obama will make him a weak challenger to a president who retains an astonishingly high degree of personal popularity.
The argument may be plausible, especially in a Republican primary contest, but it’s largely wrong.
Republicans, especially conservative Republicans can be wonderful, passionate people about their country, but too often they mistake policy, philsophy and governance with electoral politics. For conservatives, there is only one way to win an election – run a hardline, uncompromising, candidate – the so-called “full-blooded conservative” that takes no prisoners as he rides a wave of pent-up conservative frustration into the White House, a la Ronald Reagan in 1980. How we wish it were always so. Yet, for all the endless talk about Reagan, we have yet to see another individual that possesses that rare mix of conservative bona fides, big-state executive experience and astonishing charisma that made Reagan, truly, an historic figure. Too often conservatives happily overlook the disaster of Goldwater’s similarly uncompromising campaign; the one that gave us President Johnson and the Great Society. Reagan was the perfect storm.
It is often said the country remains “center-right,” and that may still be true, but if recent past elections are any guide, then more likely than not, this presidential campaign will be won in exactly the same manner – by garnering the critical swing vote of moderates and independents who occupy the center of the American political spectrum. One of Romney’s strongest attributes has long been his “electability;” the sense that the former Massachusetts governor, with the “moderate” background could appeal to that center in a way that the radical Obama could never match. The argument is sound, which is why the issue of RomneyCare is so curiously viewed as an albatross. Indeed, it’s not a liability at all.
In passing a health care initiative for his state, Governor Romney is the one Republican able to take the stage and tear into a federal government plan without risk of being labeled a “heartless” conservative. It’s an especially key attribute given the role that women, for whom health care remains a priority, played in Obama’s election. Romney can attack ObamaCare for what it is – a massive, unwanted, unconstitutional federal power grab that delivers a lower standard of health care to the nation. And he can do so while becoming a champion of federalism. Far from being a liability, RomneyCare provides Governor Romney with the perfect opportunity to make the authentic conservative case on grounds that appeal not only to conservatives, but to libertarians and moderates alike – the Constitution.
The Constitution, and the 10th Amendment specifically, ensure that the states retain their general legislative authority; a policy prerogative that is not enjoyed by the federal government, which must operate within the confines of specifically enumerated powers. Surely there is a powerful argument against mandates and big government on the state level, but Governor Romney isn’t running for governor again, nor is President Obama. The issues at stake are entirely ones of federal policy and for conservatives to blur the distinction between states and the federal government is the worst possible surrender. In claiming that federal action is the same as state action, merely because the policy subject is similar, conservatives are unwittingly “giving away” the heart of the very conservatism they claim to foster. By equating the general authority of state governments to legislate as per their constitutions with the extremely limited authority granted by those states to the federal government, they undermine the entire foundation of the modern conservative cause: federalism.
Governor Romney has been seemingly unable to find his voice in defending RomneyCare, but it’s staring him in the face. By taking up the cause of federalism, Romney can provide a spirited defense of his initiative that places challengers like Senator Santorum in the difficult position of having to explain why he believes there is no difference between what a state can do and what the federal government is allowed to do. Romney can not only defend his initiative, but should go on the offensive against Santorum on this very issue. Santorum, happily passed the largest health care entitlement expansion in 40 years – Medicare Part D! Where is the federal constitutional authority for that program? Why is Santorum’s support of unconstitutional federal health care entitlements not an even greater and more threatening attempt to interject the government – the federal government – into our lives? Moreover, is D.O.M.A., which Santorum earnestly supported not a federal mandate on same-sex marriage? Would Santorum not support a federal mandate that made abortion illegal? Or is it that Santorum likes some federal mandates, but not others?
Governor Romney’s plan is unpopular in Republican circles (though it remains popular in Massachusetts), but it wasn’t always so. It’s important to remember that Romney’s plan was crafted in partnership with the foremost conservative political think-tank in the country – The Heritage Foundation – that it was widely supported at the time by conservatives across the country as a way to deliver private insurance, and to prevent the federal takeover of health care under the plans put forth by Hillary Clinton during her husband’s administration. Gingrich supported it, and there’s some evidence to suggest that Santorum supported it as well.
Romney can make a spirited defense of his program on the hinted-at-notion, of reforming government and encouraging personal responsibility. Romney’s program, it can be argued, is a form of medical welfare reform – preserving private insurance for all, while stopping the abusive practice of unscrupulous individuals getting free health care by refusing to buy insurance and utilizing the emergency room to obtain care – an obligation forced upon the states by, you guessed it, the federal government. Romney should remind conservatives at this most opportune moment, that his plan stopped the abuse of taxpayers being forced to subsidize (read: mandated) the health care of the wantonly reckless, and he would be wise to remind social conservatives that his plan perhaps provided another firewall against state-funded abortion by encouraging private insurance coverage that doesn’t force taxpayers to directly subside emergency room abortions and other controversial procedures.
Romney and the Heritage Foundation’s plan has flaws, both philosophical and practical, which have been well discussed, and we don’t seek to minimize those flaws. Yet, in passing a health care plan that delivered coverage to everyone in his state, Romney has shown the kind of compassion in dealing with health care that will inoculate him, politically, against attacks from the left in the General Election. Far from being a liability, Romney’s state health care plan can be wielded as both a weapon and a shield in the primary and General Elections.
When criticized on it, Romney can and should make a defense of the conservative elements of his plan, hammer those who attack him from shaky ground (Santorum), and find his voice on federalism and constitutional conservatism that will resonate across the political spectrum and breathe new life into a campaign still searching for a core conservative identity beyond mere electability.



During the election we were force fed the idea that Obama would take office and things would change. We were told that the change would be important, it would not be granular changes, but large philosophical changes. The left bought this hook line and sinker.