Have I found proof that Obama's individual mandate is constitutional?

Does this prove the Individual Mandate's constitutionality?


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Not even close.

Apples and groundhogs.

not really. the argument was that government couldn't force people to buy something.

i think the founders did, no?

But that is because providing for the common defense is clearly remitted to the federal Government... healthcare... meh, not so much. But, clearly, you know all about that - you being a lawyer an' all.
 
not really. the argument was that government couldn't force people to buy something.

i think the founders did, no?

Choice: buy health insurance or pay a shared responsibility payment, a penalty to be collected by the IRS

sounds like a tax to me.

collection of penalties function like taxes, but they are not taxes.

The IRS can collect other monies owed the government .. monies that are not specifically taxes.

Distinctions without a difference? Nope, the distinctions are very real and constitutional.
 
Not even close.

Apples and groundhogs.

not really. the argument was that government couldn't force people to buy something.

i think the founders did, no?

But that is because providing for the common defense is clearly remitted to the federal Government... healthcare... meh, not so much. But, clearly, you know all about that - you being a lawyer an' all.

one can choose to make a payment and avoid buying health insurance
 
After spending numerous months examining American laws in search of a precedent where the federal government forced people to buy items against their will (individual mandate), and I believe I may have found something.

The Founding Fathers themselves enforced an individual mandate with the Militia Acts of 1792, which required that all able-bodied citizens must purchase "a musket, bayonet and belt, two spare flints, a cartridge box with 24 bullets, and a knapsack." As you can see, there is a precedent for having the federal government force people to buy things against their will, and it was by the Founding Fathers themselves.

Please bear in mind that there was no war going on in 1792, so the Militia Acts of 1792 was not a draft, it was an individual mandate, just like Obama's Obamacare mandate. Do you think this proves Obama's individual mandate to be constitutional?

you missed something in your research...

The Militia Act of 1792
Sec. 4. And be it further enacted, That the militia employed in the service of the United States, shall receive the same pay and allowances, as the troops of the United States
As the government paid for the troops supplies, weapons, etc., that allowance would have been given to the militia members as well... covering the cost of their required supplies.
 
Choice: buy health insurance or pay a shared responsibility payment, a penalty to be collected by the IRS

sounds like a tax to me.

collection of penalties function like taxes, but they are not taxes.

The IRS can collect other monies owed the government .. monies that are not specifically taxes.

Distinctions without a difference? Nope, the distinctions are very real and constitutional.

For example?
 
not really. the argument was that government couldn't force people to buy something.

i think the founders did, no?

But that is because providing for the common defense is clearly remitted to the federal Government... healthcare... meh, not so much. But, clearly, you know all about that - you being a lawyer an' all.

one can choose to make a payment and avoid buying health insurance

Still being forced to pay for something I should have a choice to pay or not.
 
After spending numerous months examining American laws in search of a precedent where the federal government forced people to buy items against their will (individual mandate), and I believe I may have found something.

The Founding Fathers themselves enforced an individual mandate with the Militia Acts of 1792, which required that all able-bodied citizens must purchase "a musket, bayonet and belt, two spare flints, a cartridge box with 24 bullets, and a knapsack." As you can see, there is a precedent for having the federal government force people to buy things against their will, and it was by the Founding Fathers themselves.

Please bear in mind that there was no war going on in 1792, so the Militia Acts of 1792 was not a draft, it was an individual mandate, just like Obama's Obamacare mandate. Do you think this proves Obama's individual mandate to be constitutional?
Do you mean that mandate that was originally a Republican idea?
 
We already had health-care for everyone. The Obamacrats just hit the middle class with the largest tax increase in history for no reason other than government can spend your money better than you can spend it yourself. :lol: Democrats are such stupid tools. They are even happy about this tax. :lol:

The Emergency Medical Treatment and Active Labor Act (EMTALA) is a U.S. Act of Congress passed in 1986 as part of the Consolidated Omnibus Budget Reconciliation Act (COBRA). It requires hospitals to provide care to anyone needing emergency health-care treatment regardless of citizenship, legal status or ability to pay.
 
I know that Obama Supporters are generally clueless but here's a free clue for you:

The Supreme Court already decided on this.

You're welcome.

I know they did, but they only did that because it was the right thing to do, not because it was constitutional. We still have to convince people that it really is constitutional, and not just because those unelected bureaucrats said so.

Why?
 
Dummycrapers are to embarrassed to admit that they just got taxed for health-care they were already getting. :lol:
 
Romney will require that everyone own and read a Bible, it's Constitutional

1. Which Bible?

2. How will he enforce such a dictate?

3. Will he provide funds to educate those who cannot read?

4. Will he produce an audio book for the blind?

5. What will he do to those who prefer the Koran?

5. Will the Book of Mormon replace the Gideon Bible in Hotel Rooms?

6. Will he dictate Holy Water be placed in the Minibars?
 
But that is because providing for the common defense is clearly remitted to the federal Government... healthcare... meh, not so much. But, clearly, you know all about that - you being a lawyer an' all.

one can choose to make a payment and avoid buying health insurance

Still being forced to pay for something I should have a choice to pay or not.

your statement is dependent on a 'should' therefore it is about as subjective as it gets
 
It's a health-care TAX!!! So of course it is Constitutional.

wrong: the mandated 'shared responsibility payment' is a penalty the act lays on those who choose not to pay it. The penalty is to be collected as a tax.

The tax is imposed on those not purchasing health care. It is not a penalty, it is a tax.

It is not a tax. Taxes are in the tax code. See how fucking stupid you are? The IRS is legally obligated to collect other monies besides taxes that are owed to the government.

The health care act has a mandate. The mandate concerns what is called a 'shared responsibility payment' in the act. If one chooses not to pay the payment, a penalty kicks in. The penalty is to be collected by the IRS if one chooses not to pay. Therefore the penalty acts like a tax.

It's like TOFU acting like chicken in a chicken dish vegetarian style. Saying spiced up TOFU tastes like chicken does make the TOFU chicken, but it functions as chicken for the purposes of the dish

see?

now stfu
 
It's a health-care TAX!!! So of course it is Constitutional.

wrong: the mandated 'shared responsibility payment' is a penalty the act lays on those who choose not to pay it. The penalty is to be collected as a tax.

The tax is imposed on those not purchasing health care. It is not a penalty, it is a tax.

If you have an educational degree I suggest you contact legal counsel. You are owed a refund and damages.
 
Romney will require that everyone own and read a Bible, it's Constitutional

1. Which Bible?

2. How will he enforce such a dictate?

3. Will he provide funds to educate those who cannot read?

4. Will he produce an audio book for the blind?

5. What will he do to those who prefer the Koran?

5. Will the Book of Mormon replace the Gideon Bible in Hotel Rooms?

6. Will he dictate Holy Water be placed in the Minibars?

Who knew Wry had a funny bone? :lol:
 

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