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Easy way around the 'unconstitutional' HCR mandate

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mdmc Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 09:54 AM
Original message
Easy way around the 'unconstitutional' HCR mandate
Edited on Tue Mar-23-10 09:58 AM by mdmc
Make everyone pay the "fine", then issue a tax credit to those with health insurance. Now it is a tax that everyone pays. Congress can offer tax credits as part of its constitutional power..
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TransitJohn Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 09:55 AM
Response to Original message
1. Hillary Rodham Clinton is unconstitutional?
:shrug:
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mdmc Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 09:58 AM
Response to Reply #1
3. thanks my friend
I edited it so our SoS is good to go:)
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TransitJohn Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 10:00 AM
Response to Reply #3
6. I must see that 200 times a day on DU
Is dyslexia that prevalent, is functional illiteracy that high, or do we have a bunch of lazy typers? :evilgrin:
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alfredo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 09:56 AM
Response to Original message
2. If the tax is lower than what one pays in insurance, go for it.
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mdmc Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 09:59 AM
Response to Reply #2
5. the tax / rebate (for those insured) would be the same as the fine in the HCR bill
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alfredo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 10:04 AM
Response to Reply #5
7. Backdoor single payer
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mdmc Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 05:47 PM
Response to Reply #7
13. The State AG are suing saying you cant force someone to buy a product
since you get a fine for not buying a product, they say it is illegal.
Everyone pays for SS and Medicaid (so single payer would be legal).

My idea is tax everyone the penalty, then rebate the penalty to those with insurance. Since everyone pays the "fine", it would be legal. Since those with insurance get the fine back in a tax rebate, it falls in the legal limits of what we can do..
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alfredo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 06:20 PM
Response to Reply #13
16. Open the Federal Employee Health Benefit plan to everyone.
Then you will have more clout with the insurance companies, hospitals, and drug companies.
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dkf Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 09:59 AM
Response to Original message
4. Which exposes the fact that your insurance premium is basically a tax
Classifying premiums as a tax would make this the most regressive tax ever created. It's a GOP wet dream.
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mdmc Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 10:04 AM
Response to Reply #4
8. Premiums are the price paid for the service provided
In this case, premiums are out of pocket expenses that are paid for the privilege of having for profit health insurance companies "manage" your medical treatment.
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dkf Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 10:18 AM
Response to Reply #8
9. Except if the government forces you to buy it it becomes a tax.
Look at the justifications for mandating insurance. It rests on the governments ability to tax. Therefore it becomes part of the tax burden.
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mdmc Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 05:49 PM
Response to Reply #9
14. which is why hcr is constitutional, imho
but TSCOTUS might see it different..
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Proud Liberal Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 02:58 PM
Response to Reply #4
12. Michael Moore made a good argument about this in his last book
Basically that we pay out-of-pocket for a lot of expenses such as education, health care, etc. that are covered by the higher taxes that people in other countries pay for. That seems like it would make a LOT more sense but if having a government mandated/regulated PRIVATELY run insurance system is still too much for conservatives and teabaggers to stomach, then I don't know how we will ever manage to drag such regressive crybabies into the 21st Century. Fortunately, the younger generation seems to be more sensible, so, as the older and more regressive conservatives age and die off, we will hopefully begin to make some real progressive changes in this country. This will also mean the eventual, almost inevitable extinction of the Republican Party, although, unfortunately, we will almost always have some dead-enders, regressives, and would-be tyrants of one kind or another.
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Fumesucker Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 10:21 AM
Response to Original message
10. Oh yeah, *that* will be popular all right..
Expect to see Repub heads explode all over the landscape..

I guess every cloud has a silver lining though. :)
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wordpix Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 10:24 AM
Response to Original message
11. any legislation construed as "commerce" is constitutional so good luck
with the unconstitutional BS.
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mdmc Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 05:52 PM
Response to Reply #11
15. As long as the SCOTUS says so right?
I too think it is BS..
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Matariki Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 06:23 PM
Response to Original message
17. It's the 'tax that everyone pays' that's unconstitutional
24th Amendment.

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