The Eighth Amendment and the Health Insurance Mandate

[EVDebs]

I'd like to have DUers discuss this more. "The Eighth Amendment (Amendment VIII) to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments."

Is the requirement to obtain health insurance, even if you're unemployed, a violation of the 8th Amendment ?

[yodoobo]

1. Not at all

Here's the thing

Healthcare is a civil right. We all can agree on that.

However its not free. In fact its something that we all need to provide for each other.

In that sense its a civil right AND a responsibility.

Because of this, purchasing healthcare is something that we ALL must participate in. Furthermore if you DON'T participate, your lack of participation makes it more difficult to deliver this right to others.

So in a very real sense a refusal to buy healthcare actually serves to deny others this civil right.

A mandate to buy healthcare is not only constitutional, it is in practice virtually required by the constitution.

[WinkyDink]

6. The flaw in your argument starts with the profit motive. The govt is mandating that some citizens

enrich, in real, spendable money, other citizens.

Or be fined and/or jailed.

And no, the "auto insurance" argument is not anywhere near the same. At least, not until "drive a car" joins "eat, drink, and breathe" in the list of what humans must do merely to exist.

[yodoobo]

8. Doctors and nurses will not work for free

nor will the people who file the paperwork or build the machines that power our healthcare system.

Even the postal system attemps to make a profit on each and every stamp they sell.

There isn't person on DU who goes to a job that doesn't pay anything.

Will a few CEO's make alot of money? yes.

But I'm not going to send millions to their deaths from lack of healthcare, in order to punish a handful of CEO's

[HereSince1628]

7. Healthcare is a human right according to the United Nations

Profits from financing healthcare now seem to be an unchallengeable corporate right according to the US Congress.

[no_hypocrisy]

2. Extending your premise, what if you're on welfare, albeit temporarily?

Is the mandate subtracted from your monthly allowance?

[EVDebs]

3. Good point. How do they make this mandate 'equitable' ? nt

[clear eye]

4. It's not up to us.

W/ a SCOTUS that can call corporate campaign donations "protected political speech", what does it matter what we think?

[louis c]

5. You're looking for Article 1 Section 8 of the Constitution

Congress shall provide for the general welfare of its citizens.

Link;
http://www.usconstitution.net/xconst_A1Sec8.html

[Laelth]

9. The Supreme Court and ONLY the Supreme Court gets to decide what's unconstitutional.

You'll have to ask them.

Kill the bill.

Forcing people to buy insurance is no more the answer to a failed health care system than forcing people to buy houses is the solution to homelessness.

:dem:

-Laelth

[JDPriestly]

10. No, theoretically if you are unemployed and have no income

you won't have to pay for your health insurance. There will be no fine or excessive bail or cruel or unusual punishment.

[HoarseWhisperer]

11. How about mandated Unemployment Insurance?

Most people (including many well informed) would almost certainly support a law that mandates ever adult under 65 to purchase
UIns. from a private insurance company, and failure to do so would result in a fine or some time at the Gray Bar.

AND, they'd make the argument you're seeing here about HIns.