Is the insurance mandate in ObamaCare unconstitutional?

[30ashopper]

President Obama has called for a serious and reasoned debate about his plans to overhaul the health-care system. Any such debate must include the question of whether it is constitutional for the federal government to adopt and implement the president's proposals. Consider one element known as the "individual mandate," which would require every American to have health insurance, if not through an employer then by individual purchase. This requirement would particularly affect young adults, who often choose to save the expense and go without coverage. Without the young to subsidize the old, a comprehensive national health system will not work. But can Congress require every American to buy health insurance?

In short, no. The Constitution assigns only limited, enumerated powers to Congress and none, including the power to regulate interstate commerce or to impose taxes, would support a federal mandate requiring anyone who is otherwise without health insurance to buy it.

David B. Rivkin Jr. and Lee A. Casey - Constitutionality of Health Insurance Mandate Questioned - washingtonpost.com

I honestly can't answer the question of how the Supreme Court would rule, they love to wrap stuff up in the commerce clause. However, suppose someone files suit (they will) and it goes to the SC and is ruled unconstitutional? I wonder if the entire bill would be revoked or just the mandate? If it's just the mandate, I wonder how that effects the cost. Wish the CBO would do a study on the current compromise plan in the Senate sans the mandate.

 

[Winnie]

David B. Rivkin Jr. and Lee A. Casey - Constitutionality of Health Insurance Mandate Questioned - washingtonpost.com

I honestly can't answer the question of how the Supreme Court would rule, they love to wrap stuff up in the commerce clause. However, suppose someone files suit (they will) and it goes to the SC and is ruled unconstitutional? I wonder if the entire bill would be revoked or just the mandate? If it's just the mandate, I wonder how that effects the cost. Wish the CBO would do a study on the current compromise plan in the Senate sans the mandate.

It would be so much easier if they would just pass a high enough tax on insurance coverage to pay providers for the uninsured. More honest as well.

 

[kkddbb]

It would be so much easier if they would just pass a high enough tax on insurance coverage to pay providers for the uninsured. More honest as well.

more taxes?

 

[Winnie]

more taxes?

Yes indeedy! How else does the government get money to give to the less fortunate?

Taxes are going up to pay for health care reform no matter what. I'd rather just add a tax at the front end and pay the bill. Better than to dismantle the entire system and re-make it in a huge bureaucratic way.

 

[Miss Critter]

I am completely in favor of healthcare reform, but it needs to start with addressing the ridiculous cost, not forcing people to buy overpriced coverage and fining them if they don't. The current bill is ludicrous.

 

[30A Skunkape]

I am completely in favor of healthcare reform, but it needs to start with addressing the ridiculous cost, not forcing people to buy overpriced coverage and fining them if they don't. The current bill is ludicrous.

About 10 years ago Louisiana was going to 'get serious' about addressing the high price of car insurance there. Mandatory coverage was enacted, the theory being that if all the uninsured people payed in, overall rates would go down. As of 2007 insurance prices hadn't budged:roll:

 

[Mango]

This part made me scratch my head:

No federal program or entitlement applies to the entire population, and it is difficult to conceive of a "benefit" that some part of the population would not choose to eschew.

What about Social Security? They also state that regarding regulating commerce Congress has limited powers in that respect, however, I would argue that Social Security, being a tax and spend program, was indeed used for commerce. Monies were drawn out there to pay for war and the large fees remitted by government cronies' enterprises.

 

[idlewind]

This part made me scratch my head:

What about Social Security? They also state that regarding regulating commerce Congress has limited powers in that respect, however, I would argue that Social Security, being a tax and spend program, was indeed used for commerce. Monies were drawn out there to pay for war and the large fees remitted by government cronies' enterprises.

Anyone reading the Constitution in an honest manner would detirmine that Social Security, Medicare, the Dept. of Education among hundreds of other programs and policies are indeed unconstitutional. I am positive the justices will not let this slow down the federal train, they never have in the past.
They should at least be honest and repeal the 10th amendment:
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

 

[30ashopper]

Pelosi's press secretary later responded to written follow-up questions from CNSNews.com by emailing CNSNews.com a press release on the “Constitutionality of Health Insurance Reform,” that argues that Congress derives the authority to mandate that people purchase health insurance from its constitutional power to regulate interstate commerce.

CNSNews.com - When Asked Where the Constitution Authorizes Congress to Order Americans To Buy Health Insurance, Pelosi Says: 'Are You Serious?'

That wonderful commerce clause, what on earth were the founding fathers thinking.

 

[30ashopper]

This part made me scratch my head:

What about Social Security? They also state that regarding regulating commerce Congress has limited powers in that respect, however, I would argue that Social Security, being a tax and spend program, was indeed used for commerce. Monies were drawn out there to pay for war and the large fees remitted by government cronies' enterprises.

SS is unconstitutional. I'm sure you're familiar with the orignal court rulings. Democrats are not fans of that document when it gets in their way.