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Is the mandate to buy health insurance constitutional?
The American Thinker Blog ^ | December 25, 2009 | Rick Moran

Posted on 12/26/2009 3:01:45 AM PST by Scanian

Ilya Somin writing at Volohk Conspiracy fleshes out what is sure to be a court challenge against the constitutionality of individual or business mandates to purchase health insurance. His point - there is no "consensus" among constitutional scholars on the issue

"In an important recent speech, Senator Max Baucus claims that there is a broad consensus among legal scholars (that the individual mandate is constitutional. He claims that 'those who study constitutional law as a line of work have drawn th[e] same conclusion' as congressional Democrats. Similar assertions have been made in parts of the liberal blogosphere. For example, Think Progress denounces Republican Senators Ensign and DeMint for citing only 'right-wing think tanks' in support of their claims that the mandate is unconstitutional, and chides them for supposedly being unable to cite 'a single judge, justice or reputable constitutional scholar who believes that health reform is unconstitutional.'"

(Excerpt) Read more at americanthinker.com ...


TOPICS: Business/Economy; Government; Health/Medicine; Politics
KEYWORDS: baucus; falseconsensus; leftists; legalscholars

1 posted on 12/26/2009 3:01:46 AM PST by Scanian
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To: Scanian

No, the mandate is tyranny.


2 posted on 12/26/2009 3:04:43 AM PST by highlander_UW (Democrats used to be just the party of corruption, now they are the party of treason as well)
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To: Scanian
Obama Doesn’t Want His Daughters Punished with a Baby

http://www.youtube.com/watch?v=eNzmly28Bmg

CNN on Obama’s Infant Born Alive Act Rejection

http://www.youtube.com/watch?v=QPZCXcTwZPY

Jill Stanek on Obama and Born Alive Infant Protection Act (MUST SEE)

http://www.youtube.com/watch?v=VIdbYjmbFzo

Obama Cover-up Revealed On Born-Alive Abortion Survivors Bill

http://www.nrlc.org/ObamaBAIPA/ObamaCoverup.html

Explosive Audio Found Obama arguing against BAIPA

http://www.youtube.com/watch?v=ypDwNpgIUQc

Babies left to die!

http://www.youtube.com/watch?v=VIdbYjmbFzo

Obama Says A Baby Is A Punishment

Obama: “If they make a mistake, I don’t want them punished with a baby.”

3 posted on 12/26/2009 3:06:53 AM PST by narses ('in an odd way this is cheering news!'.)
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To: Scanian
But if a case were to come before this current court, all bets are off.

Really. The Commerce Clause has already been stretched beyond recognition. The current Supreme Court would have no problem agreeing with the Democrats.
Maybe it’s time “Constitutional scholars” actually studied our Constitution and the writings of the men who wrote and signed it - and pay less attention to post FDR court rulings.

4 posted on 12/26/2009 3:36:59 AM PST by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink)
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To: Scanian
The mandate is unconstitutional unless the federal government can also order you to buy life insurance, property insurance, business insurance, dental insurance, and pet insurance. In other words NO!!!!

The allowed business of the United States is spelled out in the US Constitution...."health" is not mentioned; "education" is not mentioned. The founders left those responsibilities solely for the States.

The federal government just pours more and more money into the black-hole of healthcare. The best solution would be for the US Government to get out of the health business entireley over a ten year period.

5 posted on 12/26/2009 3:50:16 AM PST by Rapscallion (Is the Republic lost? Depends on Nov 2010. Vote out the evil.)
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To: Scanian
When this health care bill passes and it will, its passing should produce a revolution but it will not. I can see a day soon when the demoncrats will put forth a bill to declare the constitution NULL and VOID and scholars will agree this action to be constitutional...the worst part is there will still be no revolution because the demons have already effectively demonstrated the constitution meaningless. How can I be encouraged the people will rise up, as the tea party movement is too passive and for all intents and purpose it has been of no effect. Sorry to be so pessimistic.
6 posted on 12/26/2009 4:15:23 AM PST by PoloSec (Paul: 2Tim2:7 Consider what I say; and the Lord give thee understanding in all things.)
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To: PoloSec

If Congress can make you buy something for the common good that they decide how and what is sold, then we are screwed in the long run. The commerce clause has the purpose of keeping commerce regular between states. I think all the twisting and turning will not make forcing someone to buy something regular. That is not regulation, that is tyranny.


7 posted on 12/26/2009 4:28:39 AM PST by rlbedfor
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To: Scanian

Well, sometimes, after reading US Code and decisions, one needs to read letters of those who signed the Constitution. That would be a search for intentions—very important.

But really, policies that meet enough intolerance do not continue. ...problem is that most active constituents (and thereby, politicians) of both political parties have supported some very unconstitutional and wrong policies over the past three decades or so. Such putsches bring consequences.


8 posted on 12/26/2009 4:34:44 AM PST by familyop (cbt. engr. (cbt), NG, '89-' 96, Duncan Hunter or no-vote)
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To: Scanian
BTW, it was all over a very long time ago, when romanticism from European culture and religion was embraced by wealthier and more influential Americans. The only hiccups for romanticism have been those during economic depressions (very frustrating times for impatient romanticists/feminists).

How Dramatically Did Women's Suffrage Change the Size and Scope of Government?

JOHN R. LOTT Jr.
American Enterprise Institute (AEI) (download links for whole document at bottom of page)

September 1998

University of Chicago Law School, John M. Olin Law & Economics Working Paper No. 60
Journal of Political Economy, Vol. 107, Number 6, Part 1, pp. 1163-1198, December 1999

Abstract:
This paper examines the growth of government during this century as a result of giving women the right to vote. Using cross-sectional time-series data for 1870 to 1940, we examine state government expenditures and revenue as well as voting by U.S. House and Senate state delegations and the passage of a wide range of different state laws. Suffrage coincided with immediate increases in state government expenditures and revenue and more liberal voting patterns for federal representatives, and these effects continued growing over time as more women took advantage of the franchise. Contrary to many recent suggestions, the gender gap is not something that has arisen since the 1970s, and it helps explain why American government started growing when it did.


9 posted on 12/26/2009 4:41:34 AM PST by familyop (cbt. engr. (cbt), NG, '89-' 96, Duncan Hunter or no-vote)
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To: Scanian
The answer is nullification....plus...simply, ignoring the idiot bastards. They have only the power we give them!

The sooner Washington developes a genuine respect & fear of the powers of the states, the better.

We can be a strong Republic once again....but.....this is the last chance to board the train of freedom....

TEXAS Governor Rick Perry......, "What are you willing to do? Will you pledge your life, your fortune, your sacred honor?"

10 posted on 12/26/2009 4:45:38 AM PST by cbkaty (I may not always post...but I am always here......)
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To: Scanian

11 posted on 12/26/2009 4:49:22 AM PST by GloriaJane (http://www.last.fm/user/GloriaJane)
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To: GloriaJane

12 posted on 12/26/2009 4:57:28 AM PST by cbkaty (I may not always post...but I am always here......)
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To: Scanian

They may push too hard!

They are in violation of the powers given to the Federal Government in the Constitution. We all know that this health insurance bill will end up in front of the Supreme Court if passed, and it probably will, since neither our Senators or our Representatives are listening to the people who elected them. They are flat out ignoring us. It is getting downright scary.

They (the Senate, the House, and the Supreme Court)would do well to consider these words from the Declaration of Independence:

“That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”


13 posted on 12/26/2009 4:59:50 AM PST by maxwellsmart_agent
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To: Scanian

They are just messing with Unalienable Rights.

Un-a-LIEN-Able

*Nothing to see here-move along*


14 posted on 12/26/2009 5:12:20 AM PST by libertarian27 (Land of the FEE, home of the SHAMED)
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To: Scanian

“Is the mandate to buy health insurance constitutional?”

Of course not. Much of what the the government does and mandates is not constituitional.


15 posted on 12/26/2009 5:17:02 AM PST by HereInTheHeartland (The End of an Error - 01/20/2013)
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To: Scanian
In the not so distant future, everyone will be required to purchase a GM (government motors), vehicle. A GE (government electronics), refrigerator, and buy various lines of insurance from A.I.G. (government insurance agency).

Isn't that what they did in the soviet union, and the eastern block? I guess it worked out so well there, that the 0bama admin. wants to try it here.

Fasten your seat belts folks, it's going to be a very bumpy ride...

5.56mm

16 posted on 12/26/2009 5:28:33 AM PST by M Kehoe
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To: Scanian
If they can get away with doing it, I suppose it is to them.

Since November 5, 2008, we no longer live in America, we live in America with a K at the end.

Once they have consolidated their power, we will learn the hard way that we are living under the most evil people that the world has ever known.

It is only going to get worse as time goes on.

We can do one of two things, live under it as long as they allow us to live [which won't be long]

Or, we can stop them at whatever the cost to us.

We will be able to choose between the two [it will probably be the last choice we are allowed to make, but one way or the other we will make the choice.

17 posted on 12/26/2009 5:30:32 AM PST by sport
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To: Rapscallion

“The mandate is unconstitutional unless the federal government can also order you to buy life insurance, property insurance, business insurance, dental insurance, and pet insurance. In other words NO!!!!”

Correct. This mandate takes de facto OWNERSHIP of individual citizens. This amounts to a relationship of servitude to the government.


18 posted on 12/26/2009 5:37:50 AM PST by mtrott
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To: Scanian

Of course it is unconstitutional, but it is a perfect example of pure modern-day social-fascism at work.

ex animo
davidfarrar


19 posted on 12/26/2009 6:55:53 AM PST by DavidFarrar (davidfarrar)
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To: Scanian

The Government forcing people to purchase something is ‘forced labor’ and in violation of the 13th Amendment against involuntary servitude.

The whole health bill violates the 9th, 10th, 13th, and 14th Amendments.


20 posted on 12/26/2009 7:01:25 AM PST by Chewbacca (My gun has killed less people than Vice Pres Biden's motorcade.)
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To: Scanian
States need to pass laws to nullify Obamacare under the Tenth Amendment.
21 posted on 12/26/2009 10:51:00 AM PST by fightinJAG (Mr. President: Why did you appoint a bunch of Communists to your Administration?)
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To: R. Scott
The Tenth Amendment Center has helpful talking points (check sidebar) and other info for getting the appropriate Constitutional discussion going.
22 posted on 12/26/2009 10:53:30 AM PST by fightinJAG (Mr. President: Why did you appoint a bunch of Communists to your Administration?)
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To: PoloSec
Listen to Reagan debate Obama.
23 posted on 12/26/2009 10:55:53 AM PST by fightinJAG (Mr. President: Why did you appoint a bunch of Communists to your Administration?)
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To: PoloSec
How can I be encouraged the people will rise up, as the tea party movement is too passive and for all intents and purpose it has been of no effect. Sorry to be so pessimistic.

Here's another tactic we MUST also work:

From the Tenth Amendment Center:

So if you think marching on D.C. or calling your Representatives, or threating to “throw the bums out” in 2010 or 2012 or 20-whatever, is going to further the cause of the Constitution and your liberty – you might as well get your shackles on now. Your last chance has come and gone.

But, those of you who visit this site regularly already know that the Senate’s health care vote is far from the end of things – and you also know that even when it goes into effect (which I assume some version will), it’s still not the end of the road for your freedom.

The real way to resist DC is not by begging politicians and judges in Washington to allow us to exercise our rights…it’s to exercise our rights whether they want to give us “permission” to or not.

Nullification – state-level resistance to unconstitutional federal laws – is the way forward.

24 posted on 12/26/2009 11:00:14 AM PST by fightinJAG (Mr. President: Why did you appoint a bunch of Communists to your Administration?)
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To: cbkaty
Exactly! My title: How to Secede Without Leaving the Union.
25 posted on 12/26/2009 11:01:49 AM PST by fightinJAG (Mr. President: Why did you appoint a bunch of Communists to your Administration?)
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To: fightinJAG

Maybe if more of We, the People pay attention and learn more of our “esteemed” politicians and judges will pay attention.


26 posted on 12/26/2009 1:25:14 PM PST by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink)
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