How is it constitutional to FORCE people to purchase health insurance?
By Taskr36
@Taskr36 (13963)
United States
March 17, 2010 11:47pm CST
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
2 people like this
8 responses
@ladybugmagic (3978)
• United States
28 Mar 10
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/blog/paul_j_orourke/2010/03/24/news_pres_signs_h-care_insurance_mandate-212_years_ago
So, there is a precedent for it.
@Taskr36 (13963)
• United States
29 Mar 10
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.com/data/constitution/article03/
Either way it's not forcing anyone to do anything since nobody was forced to be a sailor or ship-owner.
@ladybugmagic (3978)
• United States
29 Mar 10
We'll just see how this plays out in court.
1 person likes this
@ladybugmagic (3978)
• United States
29 Mar 10
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."
1 person likes this
@laglen (19759)
• United States
18 Mar 10
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
@Taskr36 (13963)
• United States
18 Mar 10
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.
@Destiny007 (5805)
• United States
18 Mar 10
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.
@Destiny007 (5805)
• United States
18 Mar 10
Here is one link...
http://www.wnd.com/index.php?fa=PAGE.view&pageId=128553
@xfahctor (14113)
• Lancaster, New Hampshire
19 Mar 10
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.
@lilwonders456 (8214)
• United States
18 Mar 10
It isn't. But that won't stop them from trying it.
It is a state power. Not a federal one.
@whiteheather39 (24403)
• United States
18 Mar 10
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.edu/constitution/articleii#section2
@tessah (6617)
• United States
18 Mar 10
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.
