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How is it constitutional to FORCE people to purchase health insurance?  email this discussion to a friend?

myLot reputation of 60/100. Taskr36 (6781)   ranked 284 out of 3,985 in politics 2 years ago

We have plenty of liberals here who support the healthcare bill and with it the mandate that forces people to buy health insurance so please, tell me how it is constitutional. Go ahead, and show me the part of the constitution that gives the federal government this power.

http://topics.law.cornell.edu/constitution

 

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tags:  bribery, constitution, healthcare, obama, vote
 
1. myLot reputation of 58/100. tessah (3120)   2 years ago

normally i dont get into politcal discussions at all.. but i have to agree with you on this, somewhat. i dont feel the government should force people to buy health insurance.. because theres alot of us that cannot afford it, and the government doesnt provide more economical ways to obtain it.

here in mass it has been required for all citizens to have insurance.. has been for a few years now. and if you dont.. you get a very big hit at tax time with fines. but the state has also made it easier to obtain state aided health care.. and a sliding scale as to what you pay depending on income. unfortunately.. the insurance isnt very good at all.. and there are alot of places that refuse to accept it.

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2. myLot reputation of 86/100. laglen (7665)   ranked 91 out of 3,985 in politics   2 years ago

Constitution? Who needs a Constitution? Dont you know that these people know what is best for you. They will tell you what to eat and where, what a business can sell and when. Just sit back, relax, pay your taxes and let them worry about everything else. Dont worry about your health. They will decide when it is time for you to let go. Of course there wont be any doctors so that may push you to the front of the line.
I hope I cleared this issue up for you. Now remember: relax big brother is watching


myLot reputation of 60/100. Taskr36 (6781)   ranked 284 out of 3,985 in politics  2 years ago

Silly me, I don't know what I was thinking. You're absolutely right. Nanci Pelosi and her crew clearly know what's best and we all know they are far wiser than the founders of our nation. I just hope my insolence isn't forwarded to flag@whitehouse.gov. I certainly don't want to be on any enemies list.

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3. myLot reputation of 80/100. whiteheather39 (15573)   ranked 195 out of 3,985 in politics   2 years ago

Sorry could not find that part but considering how much bribery has been going on behind closed door to pass this bill I found this part to be very apt:

The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
http://topics.law.cornell...


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4. myLot reputation of 83/100. lilwonders456 (3526)   ranked 34 out of 3,985 in politics   2 years ago

It isn't. But that won't stop them from trying it.
It is a state power. Not a federal one.


myLot reputation of 60/100. Taskr36 (6781)   ranked 284 out of 3,985 in politics  2 years ago

Obviously you're right. It's sad that the constitution seems to mean nothing to so many people. I just don't know what these people expect our government to follow if not the constitution.

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5. myLot reputation of 49/100. Destiny007 (4866)   ranked 647 out of 3,985 in politics   2 years ago

It isn't... and many States are taking steps towards Nullification based on the 10th Amendment.

These States are considering and passing passing laws that make mandatory health insurance illegal in their borders.


myLot reputation of 49/100. Destiny007 (4866)   ranked 647 out of 3,985 in politics  2 years ago

Here is one link...

http://www.wnd.com/index....

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6. myLot reputation of 83/100. xfahctor (7620)   ranked 42 out of 3,985 in politics   2 years ago

Oh I'm sure they have a team of "consitutional lawyers" on it to assure it is constitutional, in some extrapolated, convoluded bass-ackwards sorta way. Sorry congress, EPIC FAIL. If you need a lwayer to tell you whether or not a piece of legislation is constitutional...then that means it probably isn't.
This is one of those things that is going to cause a HUGE fight. Not only in court with a number of states, but between state and county law enforcement...and the agents who are sent out to enforce this unconsitutiional garbage.

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7. myLot reputation of 67/100. anniepa (11669)   ranked 329 out of 3,985 in politics   2 years ago

Since health care isn't mention from what I could see how about you tell me where it says it isn't!

Annie


myLot reputation of 83/100. xfahctor (7620)   ranked 42 out of 3,985 in politics  2 years ago

*jumps up and down* OH OH! ME! ME! let me!!! Right here:
Amendment 10:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people"


myLot reputation of 60/100. Taskr36 (6781)   ranked 284 out of 3,985 in politics  2 years ago

*pats X on the back*

You beat me to it by 8 minutes.


myLot reputation of 83/100. xfahctor (7620)   ranked 42 out of 3,985 in politics  2 years ago

sorry, lol...it was too easy...I couldn't resist, I was overcome with the compulsion.


myLot reputation of 83/100. lilwonders456 (3526)   ranked 34 out of 3,985 in politics  2 years ago

X is right. The constitution says that anything not specifically written out as a federal power....is a state power. So sense healthcare is not specifically written in the constitution as a federal power....it is a state power.

The constitution is VERY clear on this. So unless they amend the constitution...than it is a violation of the constitution for the FEDERAL government to require everyone to have health care insurance. Now the states is another matter...they can legally and constitutionally make that law...because it is within their power to do so.
Why do you think so many states have said they will sue the federal government if they pass the mandate? Because it violates the constitution and violates state's rights. They will win in a court of law too.


myLot reputation of 67/100. anniepa (11669)   ranked 329 out of 3,985 in politics  2 years ago

Of course health care is not specifically written in the Constitution as a federal power; health care as we know it today didn't EXIST over two hundred years ago! As I've always said I have very mixed feelings about the mandate. IF they just said everyone has to buy health insurance out of their own pockets no matter what, with no help or subsidies from the government or no exemptions for lower income people I would be adamantly opposed to it but that's not the case. As long as we have people determined to keep health insurance in the private sector instead of going to a single-payer system it's impossible to change the status quo without some kind of mandate. The thing is everyone is already paying a "fine" or a "hidden tax" that's considerably higher than any "fine" that would be assessed on anyone not buying insurance under the new bill. We're all paying for those without insurance who use the ER as their doctor's office.

Annie


myLot reputation of 83/100. lilwonders456 (3526)   ranked 34 out of 3,985 in politics  2 years ago

Then it is the states' responsibility to do the mandates...not the feds. Just like it is a STATE law about auto insurance...not a federal law. Each state is different. Some require it, some don't, each differs on how much. Why? Because it is a state power....so is this one. The feds are stepping on State's rights and the constitution BIG TIME with this mandate. Only the state's have this power.
If feds don't like that...well then amend the constitution...there is a process in place for that...but DON'T IGNORE OR VIOLATE THE CONSITUTION.


myLot reputation of 51/100. ladybugmagic (896)   ranked 585 out of 3,985 in politics  2 years ago

Lil - If your state mandated it, would you oppose the healthcare reform? Forgetting the federal portion, if your state upheld it, since this is the biggest fighting point you have, would you support what your state upheld?

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8. myLot reputation of 51/100. ladybugmagic (896)   ranked 585 out of 3,985 in politics   2 years ago

From this article, it appears John Adams placed a mandate that people buy health insurance, some 212 years ago.

Following the link will bring you to a copy of the legislation.

http://open.salon.com/blo...

So, there is a precedent for it.


myLot reputation of 60/100. Taskr36 (6781)   ranked 284 out of 3,985 in politics  2 years ago

That's not even REMOTELY similar to what the government is doing now. Did you READ the act? It applies ONLY to sailors and ship owners. If you choose not to own a ship or be a sailor, the mandate does not apply to you. This is not unlike the way auto insurance is mandated in most states. If you don't own or drive a car, you do not need to buy auto insurance.

Aside from that the "Act for the Relief of Sick and Disabled Seamen" was justified under Article III Section 2 of the US Constitution.

"The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;"

http://caselaw.lp.findlaw...

Either way it's not forcing anyone to do anything since nobody was forced to be a sailor or ship-owner.


myLot reputation of 51/100. ladybugmagic (896)   ranked 585 out of 3,985 in politics  2 years ago

We'll just see how this plays out in court.


myLot reputation of 51/100. ladybugmagic (896)   ranked 585 out of 3,985 in politics  2 years ago

I am just curious. I was watching a video earlier about a newborn baby being diagnosed with what the parent's insurance company considered a "preexisting condition", and the insurance company is waiting for the law to be fully enacted, and denied the coverage to the brand new newborn baby, and said they will react within the time frame the bill requires.

So, now, I know not everyone chooses to buy a car or a ship. But, this couple did choose to have a baby, and they had insurance. Their insurance is playing a delaying game.

How often can you play the choice game, really?

Are we supposed to tell them, "Sorry - you shouldn't have chosen to have a baby."




myLot reputation of 51/100. ladybugmagic (896)   ranked 585 out of 3,985 in politics  2 years ago

I do have a correction as to this newborn baby - the parents did not have insurance.

But, it is a very real example in general, in which children are considered to have preexisting conditions. We can't go around telling their parents they should not have chosen to have children.


myLot reputation of 60/100. Taskr36 (6781)   ranked 284 out of 3,985 in politics  2 years ago

Frankly their parents weren't very smart to have a child without purchasing insurance. The mother's insurance covers the child for the first 30 days in most states if not more. I'm curious as to how she could even afford the hospital bills without insurance.

Also note that the child did recieve the care necessary to live so abscence of insurance didn't cause this child to die as you have often implied it would. Either way, this would be better discussed in the thread you started as it has nothing to do with the constitutionality of forcing people to buy health insurance. I will comment in that thread after I have read the complete story.


myLot reputation of 51/100. ladybugmagic (896)   ranked 585 out of 3,985 in politics  2 years ago

Now the parents may get to spend tens of thousands of dollars.

But, in cases where parents do have insurance, there is no excuse for a newborn or a child being denied coverage.

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