HCR Unconstitutional? I Think Not!

[markbark]

News: Pres. Signs H-Care Insurance Mandate-212 Years Ago!

Officials from 14 states have gone to court to block the historic overhaul of the U.S. health care system that President Obama signed into law Tuesday, arguing the law's requirement that individuals buy health insurance violates the Constitution.
In July, 1798, Congress passed, and President John Adams signed into law “An Act for the Relief of Sick and Disabled Seamen,” authorizing the creation of a marine hospital service, and mandating privately employed sailors to purchase healthcare insurance.
This historical fact demolishes claims of “unprecedented” and "The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty...”


See the whole story at the link above.

--MAB

[tulsakatz]

1. about this unconstitutional thing.........

...as I understand it, their argument is that there has never been a law that says people have to buy something.

But if you drive a car, the law says you have to buy liability insurance.

Correct me if I'm wrong but I believe it is a federal law, not a state law.

[elocs]

2. Don't use the car insurance comparison--DUers will have a conniption fit about it. n/t

[ProdigalJunkMail]

3. because it is stupid as shit to compare the two... n/t

[elocs]

7. And, I rest my case. That didn't take long. n/t

[tulsakatz]

5. ok........

I only mentioned it because it's a law that requires people to buy something.

So if there's a law that requires people to buy car insurance then obviously the healthcare bill is not the first law that requires people to buy something.

[ProdigalJunkMail]

6. state vs. federal

and one (HCR) requirement insures YOU...the other (Auto Ins) insures that the OTHER PARTY involved in an accident you cause can be made whole...for FUCK'S SAKE this is getting old...

sP

[Gravel Democrat]

4. state

and as others have repeatedly pointed out not all states require insurance.

The Feds have never ever in 234 years required Citizens to purchase anything.

The power simply does not exist in the Constitution. And since it's not a listed
power, the feds can amend the Constitution if they want that power.

Imagine if the (R)s could make Citizens buy stuff?

Amendment X:

"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."

[ET Awful]

8. Their argument is flawed, as the actual law, to my understanding . . .

states that this is actually a tax that can be eliminated by having health insurance. Thus, pursuant to the rights granted to congress in the Constitution to "levy taxes", the law is fully Constitutional.

[Lint Head]

9. For one thing it's not Health Care Reform. It's Health Insurance Reform.

Reforming health insurance companies has very little to do with the Constitution. The term preexisting condition was invented, or coined, by the insurance industry. You can't legislate someone or something from dropping your health coverage unless they are a health insurance company. Profiting from the unfortunate health and death of people is despicable.

[DCBob]

10. Numerous constitutional experts have weighed in on this and most think its constitutional..

Here's a good discussion on the issue from Ezra Klein...

http://voices.washingtonpost.com/ezra-klein/2010/03/is_there_a_legal_case_against.html