Why ObamaCare's Individual Mandate is Unconstitutional (Jones v. United States, 529 U.S. 848)

3/27/2010 | Brices Crossroads

[ForGod'sSake]

The current state of the law, which we must unfortunately confront, is that if you engage in an activity that substantially affect interstate commerce, you are within the reach of Congress’ regulatory power.

Understood. The law, arrived at via discernment of unpublished language emanating from the special ink or secret sauce used to draft our Constitution by clairvoyant jurists' preconceptions is the problem of course.

There is at least one SCOTUS justice willing to apply his best understanding of our Constitution, previous ill conceived precedent be damned. IMO, Clarence Thomas seems to always gets it right whereas one of our conservative champions Scalia has broken into the koolaid locker on at least one occasion(Gonzalez/Raich). But don't get me wrong here. I don't do weed or even drink for that matter but to stretch ANY part of our Constitution to include regulation of a few pot plants in somebody's back yard is just inconceivable to me. The social ramifications on the other hand are a different matter altogether...

[ForGod'sSake]

...I think we ought to rebut by noting that no one is compelled to accept Medicare...

An aside, do you think the passage of Medicare itself was Constitutional, whether voluntary or not? And what effect did it have on the healthcare insurance industry? Is it not pretty much a foregone conclusion that Medicare is a better "deal" for seniors than private insurance programs? And just what is that little Medicare "tax" I used to pay before I retired? Was social security Constitutional or necessarily a good idea since it discourages many people from planning for their own retirements? Which coincidentally takes what would be free market $$$'s and puts them in the hands of the feds.

[Brices Crossroads]

“And just what is that little Medicare “tax” I used to pay before I retired? Was social security Constitutional or necessarily a good idea since it discourages many people from planning for their own retirements? Which coincidentally takes what would be free market $$$’s and puts them in the hands of the feds.”

Medicare drove up the cost of health care. Whenever the Government gets involved in something, costs go up because the government is inefficient.

That said, Seniors should sue to set aside these cuts. They paid into the program expecting to get health care. What will be offered under ObamaCare will not constitute health care. The cuts will be so draconian as to represent a denial altogether. I think they would have standing; They might not win, but it would spotlight what the real agenda is: rationed care for seniors and...yes...death panels.

[nathanbedford]

You're asking me about blue Ray and I am still in the 8-track age. Yes I believe that Medicare is unconstitutional as an improper extension of federal power beyond that provided for in the enumerated powers. I think it is interesting that the court is not necessarily likely to see Obama care as a bridge too far but as a logical extension of Medicare, which they regard, of course, as constitutional. It is an object lesson in how the Constitution has come step-by-step to mean something 180° at variance with its original intent.

I believe that Medicare has had an adverse effect on the cost of health care as borne by private insurers because the system pushes the costs off onto the private sector. Both Social Security and Medicare are Ponzi schemes in the sense that there is no pay as you go and, worse, there were no funds set aside as we went.

I think it is as unconstitutional as Medicare and I'm saving my 8 tracks.

[ForGod'sSake]

Whenever the Government gets involved in something, costs go up because the government is inefficient.

Couldn't agree more!

The cuts will be so draconian as to represent a denial altogether.

I think it's debatable at this point if Medicare, whose cuts are a ways down the road, will EVER happen. Like the unions' Cadillac plans, there's no way of knowing whether a "Cadillac Tax" will ever happen. The unions don't seem to be that concerned about it. I suspect seniors feel pretty much the same way. Who would DARE cut bennies to the largest voting bloc in the country??? They'll leave the wreckage behind for future Pubbie congresses to deal with. And so it goes...

[ForGod'sSake]

I think it is as unconstitutional as Medicare and I'm saving my 8 tracks.

Agree, and you left behind a truly tickled my funny bone! ;^)

[annieokie]

That makes sense, thank you.

Silent Pray around the S.P.??

[Oceander]

One can, and should, address one's worries and concerns to God, as it is ultimately He would grants dispensation. Again, I don't think that the sight itself would - or should - sway the Court, but asking the Good Lord to sway the hearts of the justices so that they may do good and not evil is perfectly legitimate - God knows no conflicts of interest and cannot be but perfectly impartial as respects justice and fairness. I think that it would be a good idea.

[Brices Crossroads]

One more thing...Medicare should be a guarantee for those who paid into it, but it should be phased out for those under 40 and eliminated. it is the only way to defuse the ticking time bomb of costs and to allow the private sector to work its magic, which it will certainly do if the Government gets out of hte way.

[ForGod'sSake]

Medicare should be a guarantee for those who paid into it, but it should be phased out for those under 40 and eliminated. it is the only way to defuse the ticking time bomb of costs and to allow the private sector to work its magic, which it will certainly do if the Government gets out of hte way.

Absolutely agree with this. Any time I propose such even here on FR it's met with a large yawn or mixed response at best. Seems even Freepers are not all that keen on eliminating this program that Gokhale-Smetters(pdf) said some years ago would bring us to the abyss.