Is mandating health insurance unconstitutional. Supreme Court Health Care Decision: Individual Mandate Survives.



Is mandating health insurance unconstitutional

Is mandating health insurance unconstitutional

Repeal health care law But why is this fact constitutionally relevant? The answer seems to be that failure to buy insurance thereby has adverse economic effects on producers. Put that way, failure to buy health insurance turns out to be no different from failure to buy any other product. Any time someone fails to purchase any product, producer profits are lower than they would be otherwise. The government's tax-clause argument is similarly flawed. It asserts that the individual mandate isn't really a restriction on freedom, it's just a tax; violators are forced to pay a fine.

If this logic is correct, it would justify any mandate enforced by a monetary fine, whether it be for broccoli, a car or anything else. Every lower court to have considered this constitutional issue has ruled that the mandate is not a tax but a penalty.

As President Barack Obama acknowledged in , "for us to say that you've got to take a responsibility to get health insurance is absolutely not a tax increase. The federal government argues that the insurance mandate is a "necessary" element of its regulation of the health care market under the commerce clause. The court has previously defined "necessary" broadly as anything that might be "useful" or "convenient.

What makes a federal law "proper"? At the very least, a proper law cannot depend on a rationale that gives Congress virtually unlimited power. As James Madison said: Virtually every mandate has some economic effect and could be portrayed as a "useful or convenient" way to regulate some market.

A broccoli mandate could be defended as an effort to regulate the market in food. The threat to liberty raised by this case isn't just theoretical. Many industries would be happy to lobby for laws requiring people to buy their products, and Congress has a long history of enacting special-interest legislation.

In a recent decision, the Supreme Court unanimously emphasized that constitutional constraints on federal power protect state rights as well as "the liberty of the individual.

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Mandating Health Care to Citizens is Unconstitutional



Is mandating health insurance unconstitutional

Repeal health care law But why is this fact constitutionally relevant? The answer seems to be that failure to buy insurance thereby has adverse economic effects on producers. Put that way, failure to buy health insurance turns out to be no different from failure to buy any other product. Any time someone fails to purchase any product, producer profits are lower than they would be otherwise.

The government's tax-clause argument is similarly flawed. It asserts that the individual mandate isn't really a restriction on freedom, it's just a tax; violators are forced to pay a fine. If this logic is correct, it would justify any mandate enforced by a monetary fine, whether it be for broccoli, a car or anything else. Every lower court to have considered this constitutional issue has ruled that the mandate is not a tax but a penalty. As President Barack Obama acknowledged in , "for us to say that you've got to take a responsibility to get health insurance is absolutely not a tax increase.

The federal government argues that the insurance mandate is a "necessary" element of its regulation of the health care market under the commerce clause. The court has previously defined "necessary" broadly as anything that might be "useful" or "convenient. What makes a federal law "proper"? At the very least, a proper law cannot depend on a rationale that gives Congress virtually unlimited power.

As James Madison said: Virtually every mandate has some economic effect and could be portrayed as a "useful or convenient" way to regulate some market. A broccoli mandate could be defended as an effort to regulate the market in food. The threat to liberty raised by this case isn't just theoretical.

Many industries would be happy to lobby for laws requiring people to buy their products, and Congress has a long history of enacting special-interest legislation. In a recent decision, the Supreme Court unanimously emphasized that constitutional constraints on federal power protect state rights as well as "the liberty of the individual.

Is mandating health insurance unconstitutional

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5 Comments

  1. Five justices concluded that the mandate, which requires virtually all Americans to obtain minimum health insurance coverage or pay a penalty, falls within Congress' power under the Constitution to "lay and collect taxes.

  2. There have been at least 26 federal lawsuits seeking to overturn the health reform law.

  3. In a recent decision, the Supreme Court unanimously emphasized that constitutional constraints on federal power protect state rights as well as "the liberty of the individual. Dubina was appointed by President George H. The federal government argues that the insurance mandate is a "necessary" element of its regulation of the health care market under the commerce clause.

  4. In effect, they contend that even if the Constitution permits Congress to do exactly what we interpret this statute to do, the law must be struck down because Congress used the wrong labels. Put that way, failure to buy health insurance turns out to be no different from failure to buy any other product.

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