Can Forcing Purchase Of Insurance Survive Constitutional Challenge?

Investors.com ^ | March 10, 2010 | THOMAS M. BOYD

[Kaslin]

During the recent summit on health care reform, Republican leader John Boehner told President Obama that he and his colleagues believe the central funding mechanism underlying the president's latest reform proposal — the individual mandate — is unconstitutional.

This language would require every American to purchase a product — health insurance. It also has appeared in every serious proposal since ClintonCare in 1993, including the proposals now pending before Congress. If it eventually becomes law, it's sure to be challenged before the ink on the president's signature is dry.

The president's response was that Rep. Boehner was resorting to "talking points" rather than substance. It would have been far more instructive if the president, a former lecturer at Chicago Law School who as a candidate opposed the mandate, had given Boehner and the Republicans — not to mention the American public watching on C-Span — his own analysis in support of his current belief that this unprecedented requirement is constitutionally permissible.

The underlying question is as simple as it is fundamental: Can federal law mandate that an individual must purchase a good or service, whether he or she wants it or not, in order to fund a massive social program perceived to be for the larger public good?

If the American people can be forced to purchase health insurance, then can the Congress also require Americans to purchase American cars to salvage the domestic automobile industry?

The most obvious legal basis for this requirement lies in the Constitution's commerce clause. One of the "enumerated" powers granted the Congress, this language allows the Congress broad freedom to "regulate Commerce ... among the several States."

[Shady]

Hello? You are not purchasing insurance, for the concept of insurance goes out the freaking window if the Senate Bill passes. It is Madoff Health Care - Only the Goverment gets $$. You, outta luck buck-o. Don’t get sick and if you do, especially if you are a conservative, DIE. QUICKLY. They will help you along.

[cmj328]

Obama has hinted pretty clearly he’s going to try to pack the court before the end of the year, so I expect it will survive the challenge just fine.

[hstacey]

Well so far he only has one Supreme in there he personally put there. I don’t think making citizens buy healthcare will fly...Even with Medicare and Medicaid those are chosen and applied for...Hopefully we will never have to know the answer to that question....

[cmj328]

Right. He appointed 1 justice out of 9 Justices so far, plus the existing 3 liberals. That's 4/9.

By packing the Court, he would increase both the numerator and the denominator. If he sent 2 more Justices to the Court (without there being any resignations), he would get to 6/11.

[Candor7]

We no longer have a US constitution. We are ruled by fascist established political correctness.

We have laws that are not enforced due to political correctness.

We have political correctness which is not law but followed as if it were law.

Anyone who thinks we are still a nation of laws does not undeerstand the dire staraights in which our nation is caught, under the heel of the Obama fascist Junta.

Health Care Bill unconstitutional ? Answer from the fascists ," What constitution? WE ARE THE CONSTITUTION."

Its hard to get used to the idea that America has elected a fascist government.But it is a fact. If we do not realize this fact , we cannot defeat them, which is why I keep posting it.

[hstacey]

I guess what I’m saying is this; just because he puts more Supremes in doesn’t mean they will vote the way he wants them to....ie; Reagan, Bush????

[cmj328]

I’m sure Justice Pelosi and Justice Reid can be counted on to interpret the Constitution “correctly” regarding health care.

[hstacey]

Oh I’m Sure!!! LOL. I trust them about as far as I can throw them...They need to be retired...

[Labyrinthos]

Can federal law mandate that an individual must purchase a good or service...

Under Fed Law, we must purchase Social Security Insurance.

[browniexyz]

Right, you are not purchasing indemnity coverage, or true insurance—but the insurance mandate WILL line the pockets of insurance companies!!

[browniexyz]

And scarily enough, many liberal fascist academics and policy think tank people are now saying “it’s the only CHRISTIAN thing to do,” to pass health care. Good thing Zero doesn’t believe the US is a CHristian nation!!!!

[Republic of Texas]

Dems have been ignoring the Constitution since FDR. Why would they care now?

[Freedom4US]

And that’s supposed to justify your argument?

For the record, there is no requirement technically speaking, to pay social security supplemental insurance or whatever it’s really called. Look it up. That’s right - the program you’ve likely paid into all your life, there is no legal mechanism whereby they must pay you, if things get bad enough. In 1968, the same year they floated Fannie Mae to the private sector, they shifted social security income to the general fund, making the budget immediately solvent. Hm.

[arthurus]

With a Court of 12 justices or so he can get anything through. If the Senate won’t confirm the 3 new Justices maybe he can give them Interim appointments, only good for a few months but that’s all he needs.

[arthurus]

I doubt there is any cure for the problem due to the control of the entire government school system for many years already.

[Smokin' Joe]

"...nor be deprived of life, liberty, or property without due process of law...

I'll take the Fifth.

Although I am thankful that the difference between what I paid for insurance and the actual medical costs to my family over the last decade has been $80,000+, I would rather have that money in the bank. I have reviewed the policies we held, done away with most, and carry catastrophic care now, with the difference going into the bank. It helped us survive the transition to living on 15% of last year's income. Hopefully, this year will be better, if the stinking Congress does not mess that up.