Posted on 03/25/2010 11:03:02 AM PDT by Atlas Sneezed
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. An individual mandate would have two features that, in combination, would make it unique. First, it would impose a duty on individuals as members of society. Second, it would require people to purchase a specific service that would be heavily regulated by the federal government.[1]
This statement from a 1994 Congressional Budget Office Memorandum remains true today.
(Excerpt) Read more at online.wsj.com ...
To uphold the constitutionality of a health care mandate … the Court would have to find that a decision not to enter into a contract to purchase a good or service was an economic activity that, in the aggregate, substantially affects interstate commerce. Before so concluding it would immediately be apparent to the Justices that, by this reasoning, every action or inaction could be characterized as "economic" thus destroying any limitation on the commerce power of Congress. It is a safe bet that any argument that leads to a conclusion that Congress has an effectively unlimited police power akin to that of states will be rejected by this Supreme Court. …
Simply because Congress can regulate wheat production … does not entail that Congress can require every American to buy boxes of Shredded Wheat cereal on the grounds that, by not buying wheat cereal, non-consumers were adversely affecting the regulated wheat market. …
Senators and Representatives need to know that, despite what they have been told, the health insurance mandate is highly vulnerable to challenge because it is, in truth, unconstitutional. And political considerations aside, each legislator owes a duty to uphold the Constitution.”
Does it require everyone? I think it only applies to those that can afford it based on their IRS audit. Remember, 35 million new people are now on the roles at no cost to them.
They say it is like “Christmas” - they don’t have to pay.
If this thing stands, it really does look like the beginning of the spirit, at least, of the mark of the beast.
No, it does. I think if you make less than $30,000 a year or something then it’s free.
The way they justified being required to buy car insurance was that it is a privilege to drive. Is it now a privilege to live — is that a right granted by government now? The way they should have justified the requirement to have car insurance is that it is a requirement by the various states and they are not bound by the Federal Constitution. The Feds requiring us to purchase health insurance is a Federal mandate to individuals and absolutely IS unconstitutional. While they are doing that they should also say that the Feds can’t make mandates to the sovereign states either.
Interestingly, I believe this point illustrates why the health care bill probably could NOT have included any kind of meaningful tort reform that specifically applied to health care services and/or insurance. It's bad enough that the U.S. government is forcing people to enter into contracts with private companies . . . but to then force these contracts to include limitations on a person's rights in civil court would be an even more egregious violation of any number of legal standards.
I'd be curious to hear any input from astute Freeper lawyers out there.
It’s a violation of the 13th amendment prohibition of “involuntary servitude”
“servitude” doesn’t mean just forced labor. It is any condition where your freedom of choice is restricted or curtailed, and you are subject to the will of another.
In that case, everyone does not have to buy it.
But those low income people are already provided free care but us - and each state.
Now, we have to pay for the care and pay for insurance - so we are paying twice for the same thing.
It’s just as Constitutional as if the government had, during the auto-crisis times, passed a law saying every American had to buy a Chevy or go to jail.
Which means not constitutional at all.
They don't even require you to be a lawful resident anymore.
bump
bttt
Interesting to see Erwin Chemerinsky’s name in there......he’s one of the biggest idiots on the planet.
“The government has never required people to buy any good or service as a condition of lawful residence in the United States.”
The Militia Act of 1792 required enrollment of certain men in the Militia and that they provide themselves with certain arms and equipment. I suppose you could say that requiring them to “provide” themselves certain goods is not the same as requiring them to “buy” certain goods, but that’s thin.
No argument that you can trace the Militia requirement back to the Constitution but you can’t trace the Health Care requirement back to the Constitution. I just disagree with the “never” in the sentence quoted at the top of this post.
Not a legal argument but, an irony: since the federal government has prohibited the sale of health insurance across state lines, there is no interstate commerce in health insurance. Consequently, what is the PPACA regulating?
If this is found constitutional, just think of what congress could pass requiring us to purchase American-made autos only, for example.
United States vs Reynolds 1914.
That is another difference that is mentioned often, that being forced to contract is to protect other people, but the real reason it’s ok is that it is the state law requiring it, not federal, so the Federal Constitution isn’t an issue at all — just the State Constitution. It’s not the figleaf that the liability portion protects other people in my opinion that makes it ok. Not that we can make real arguments in the Supreme Court anymore because of all the precedents since Roosevelt.
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