SnoopDog

(1000+ posts) Send PM | Profile | Ignore

Mon Dec-21-09 11:18 AM
Original message

The Unconstitutionality and Ramifications of a Health Insurance Mandate

It is a noble goal to insure every American, however a mandate to buy health insurance and a fee or impost for noncompliance is unconstitutional at best.

I have read where this is similar to the mandate of purchasing car insurance and therefore is the same as mandating health insurance. And the obvious reply is that citizens can choose not to own a car.

In a Huffington Post article, author David Orentlicher (1) attempts to make the argument that a mandate for citizens to buy insurance can be justified by the Constitution’s taxing power and commerce clause power. The author cites Medicare, a tax-based mandate to purchase health insurance, as an example. The author states that this is a well-established precursor to permit the Senate bill to impose a tax or fee for those not conforming to the requirement of purchasing private goods and services.

The obvious flaw in his argument is that this is a tax on *all* wage earners to purchase federally administered health insurance that the payee will receive at the age of 65. Furthermore, the Commerce Clause is for the purpose of Regulating commerce. These are powers to implement rules and regulations on how a State and their businesses can conduct business. There is no link or power for Congress to force customers to engage in commerce or pay a tax for failure to do so.

Yesterday, Senator Baucus discussed the ‘legality’ of the insurance mandate by citing a paper written by Mark A. Hall (2) and used the same arguments as David Orentlicher. The Commerce clause it *regulate* businesses and commerce – not customers.

The key argument lies with Article 1 Section 8 – first paragraph. The phrase ‘…but all Duties, Imposts and Excises shall be uniform throughout the United States’ prohibits Congress from targeting a group of people it deems necessary. If Congress imposes a tax, it must be fairly administered to all people of the United States. In a broad sense, it is like a Bill of Attainder – singling out a group of people not engaging in the purchasing of a business’s goods and services. It is unconstitutional.

And note that Article 1 Section 8 has the absolute and direct power to provide for the general Welfare and to impose taxes on all people to implement, for example, Medicare for Everyone.

The ramifications of this mandate to buy insurance are enormous and severe. Imagine Congress using this as precedence and forcing Americans now to buy life insurance, or a cell phone, or a personal ‘RFID locator’ for National Security reasons.

Another horrendous ramification is that it prevents people from protesting or boycotting a business or industry. Although it would be unwise from a health standpoint – we, as citizens of the US, could not cancel our insurance to solicit change and reform.

The Congress could also impose a requirement to buy insurance only from health insurance companies THEY approve of. This could prevent people from forming their own health insurance company – because they would not get ‘approval’.

It really is sinister what our Congress, the Senate, and President are doing to the American people. Their only allegiance is to their bribe money and their corporate masters.

They will continue this tyranny until ‘we the people’ stop it….if we can.

(1) Link to article: http://www.huffingtonpost.com/david-orentlicher/an-individual-mandate-to_b_391810.html

(2) Link to Mr. Hall: http://www.healthreformwatch.com/2009/08/25/is-it-unconstitutional-to-mandate-health-insurance/

The Unconstitutionality and Ramifications of a Health Insurance Mandate

Kill the bill.