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Personal Mandate to Buy Health Insurance Is Unprecedented and Unconstitutional.
The Heritage Foundation ^ | December 9, 2009 | Randy Barnett, Nathaniel Stewart and Todd F. Gaziano

Posted on 12/18/2009 8:12:25 AM PST by Leisler

As the Congressional Budget Office explained: "A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States." Yet, all of the House and Senate health-care bills being debated require Americans to either obtain or purchase expensive health insurance, estimated to cost up to $15,000 per year for a typical family, or pay substantial tax penalties for not doing so.

The purpose of this compulsory contract, coupled with the arbitrary price ratios and controls, is to require some people to buy artificially high-priced policies as a way of subsidizing coverage for others and an industry saddled with the costs of other government regulations. Rather than appropriate funds for higher federal health-care spending, the sponsors of the current bills are attempting, through the personal mandate, to keep the forced wealth transfers entirely off budget.

This takes congressional power and control to a strikingly new level.......

(Excerpt) Read more at author.heritage.org ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Government; Philosophy
KEYWORDS: 111th; badmedicine; bhofascism; bhohealthcare; bhotyranny; deathbyobama; deathbyromney; democrats; healthinsurance; healthmandate; hillarycare; liberalfascism; obamacare; ok4romney; rapeofliberty; romney; romneycare; romneydeathpanel; romneykilledgrandma; romneyrulz; servitude; slavery; socializedmedicine; tyranny
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You can not have masters, without slaves.

Since the dawn of time, one group of people have been manufacturing notions of why they should live better than the mass of 'common, little people, workers, and such'.

Outside you having been convicted of a crime, no one is to be at involuntary service of another. That is, up until now, no one is placed in bondage, servitude, serfdom, soft slavery to another person or company or business. This is what Mitt Romney, ( Harvard Law ) has done in Massachusetts. Of course Mitt, nor any Romney has every fought for freedom.

Mitt is an physical, and philosophical enemy of liberty and freedom and is in fact by a better Obama with accounting skills. He, so he says, would make Obama's, the Democrats/Socialists/Fascists health care trains run on time.

1 posted on 12/18/2009 8:12:27 AM PST by Leisler
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To: Leisler

Supreme court will strike down.


2 posted on 12/18/2009 8:15:19 AM PST by An American! (Proud To Be An American!)
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To: Leisler
They know its unconstitutional but they don't care. They just need to "do something" even it won't fix the root of the health care mess. And you don't make a mess even worse.

"Show me just what Mohammed brought that was new, and there you will find only things evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelogus

3 posted on 12/18/2009 8:16:15 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Leisler

And as the bill currently stands, with no public option, people will have to buy from private health insurers. This is going to be interesting.


4 posted on 12/18/2009 8:19:40 AM PST by HerrBlucher (Jail Al Gore and the Climate Frauds!)
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To: goldstategop

Are not we already mandated to buy Medicare?


5 posted on 12/18/2009 8:19:50 AM PST by garyb
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To: Leisler

“Outside you having been convicted of a crime, no one is to be at involuntary service of another. That is, up until now, no one is placed in bondage, servitude, serfdom, soft slavery to another person or company or business.”

Anyone with two functioning brain cells knows that the debt
the US government is running up will need to be paid by someone. We are all (including future generations) being sold into bondage, servitude, serfdom, and soft slavery.


6 posted on 12/18/2009 8:19:57 AM PST by updatedscreenname
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To: An American!; xzins; wmfights; Forest Keeper; blue-duncan
Supreme court will strike down.

You assume that there are at least 5 justices who actually have read the Constitution. I'm not all that convinced. I know there are 4, but that 5th vote is as predictable as a two-dollar trumpet.

7 posted on 12/18/2009 8:20:37 AM PST by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: Leisler

>>>Outside you having been convicted of a crime, no one is to be at involuntary service of another. That is, up until now, no one is placed in bondage, servitude, serfdom, soft slavery to another person or company or business.

So what is your view on conscritption?


8 posted on 12/18/2009 8:21:14 AM PST by NC28203
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To: P-Marlowe

It depends on whether those justices have studied

THE CONSTITUTION

or

“Constitutional Law”.

The latter is a study of what judges have said the Constitution means, instead of what it originally actually meant at ratification.


9 posted on 12/18/2009 8:22:08 AM PST by MrB (The difference between a humanist and a Satanist is that the latter knows who he's working for.)
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To: MrB; xzins; wmfights; Forest Keeper; blue-duncan
It depends on whether those justices have studied THE CONSTITUTION or “Constitutional Law”.

That is a good point. I know that when I was in Law School reading the Constitution was not a requirement of my Constitutional Law classes. I was required to read Supreme Court "Opinions" on what the Constitution said, but at no time were were ever required to read nor were we ever tested on the actual language of the Constitution.

10 posted on 12/18/2009 8:27:58 AM PST by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: P-Marlowe

And to open a big ol’ can-o-worms on this one -

the “Constitutional Law” approach is “evolutionary” in nature, putting the wisdom of contemporary man over the wisdom of the original author(s), who based the Constitution on the objective Law of the Word of God.

“Original Intent” assumes that the written word has intrinsic and immutable meaning, and should be applied as such to situations and cases.


11 posted on 12/18/2009 8:33:20 AM PST by MrB (The difference between a humanist and a Satanist is that the latter knows who he's working for.)
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To: Leisler
I have a friend who replied thusly when I commented about the forcing the purchase of health insurance:

[Quote]

Section 8 of The Constitution:
"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States"

http://www.archives.gov/exhibits/charters/constitution_transcript.html

I think forcing people to buy health insurance is well within the scope of the power of congress.

[Unquote]

 

12 posted on 12/18/2009 8:34:27 AM PST by Incorrigible (If I lead, follow me; If I pause, push me; If I retreat, kill me.)
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To: NC28203

Congress can declare war, and thus in an emergency you can have forced conscription.

It’s constitutional.


13 posted on 12/18/2009 8:38:51 AM PST by Leisler (We don't need a third party we need a conservative second party.)
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To: Leisler

I’ve read that the mandated insurance requires coverage for things like sex change operations. If that’s true, no wonder the government policy costs so much.


14 posted on 12/18/2009 8:41:04 AM PST by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius, (170 BC - 86 BC))
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To: An American!
Supreme court will strike down.

Snort... You mean the same SCOTUS that said McCain-Feingold is Constitutional?

The same SCOTUS that says abortion is Constitutional?

The same SCOTUS that says it's ok for the Government to take your property and give it to another private party?

That SCOTUS?

15 posted on 12/18/2009 8:41:13 AM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: Incorrigible

Grossly wrong.

A law says that you have to pay Smith, or Brown.

Everything you just posted is that the Government demands the money, then it spends it.

Totally different. Different parties, different methods.

After a while, Congress, so that it doesn’t have to be involved, will authorize private companies to tax you.
In short, you will be sold, partly, to private companies.
Supposedly for a service.

Since you have been thus sold, by force, you are, or part of your income, choice, liberties are owned by that company.


16 posted on 12/18/2009 8:44:40 AM PST by Leisler (We don't need a third party we need a conservative second party.)
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To: An American!

Sure they will. Just like they struck down Campaign Finance Reform (thanks you Pres. Bush).


17 posted on 12/18/2009 8:54:07 AM PST by Little Ray (Cheney / Norris in 2012!)
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To: An American!

Or good Americans will strike them down....


18 posted on 12/18/2009 8:56:08 AM PST by maddog55 (Socialism is communism with fewer re-education camps)
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To: Leisler

Lots of unprecedented and unconstitutional stuff going on these days.


19 posted on 12/18/2009 9:52:03 AM PST by Josephat
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To: Leisler

Santa is bringing me .223, 7.62 x 39 and 54r and .45 ACP and...


20 posted on 12/18/2009 9:57:35 AM PST by NativeSon
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