What CAN'T the federal government require you to purchase?

Discussion in 'Law and Justice System' started by Bern80, Mar 22, 2010.

  1. Bern80
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    Bern80 Gold Member

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    I still have yet to receive a reasonable answer to this in light of the passage of the health care bill.

    One person (spiderman) tried to weasel it into be constitutional under the 16th ammendment 'rationalizing' that since government is granted the power to tax income they can make requirements of the peope as long as they levy an income tax penalty for non-compliance. That of course is rather ludicrous.
     
  2. rightwinger
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    rightwinger Paid Messageboard Poster Gold Supporting Member Supporting Member

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    Stop whining and buy your god damn health insurance

    [​IMG]
     
  3. LuckyDan
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    LuckyDan Sublime

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    11 State AGs so far are set to challenge. From the CSM:

    The comments came after a Sunday night conference call of attorneys general from 11 states, in which most expressed support for legal action to block the law. In addition to Florida and South Carolina, the attorneys general backing legal action were from Alabama, Nebraska, Texas, Pennsylvania, Washington, Utah, North Dakota, and South Dakota. [Editor's note: The original paragraph has been changed to omit a state that will not participate in legal action.]

    At the center of the controversy is the bill's inclusion of a federal mandate requiring all Americans to purchase health insurance or face penalties. Opponents say this measure stretches Congress’s constitutional power to “regulate commerce … among the several states” beyond any meaningful limits on federal authority. They say Congress is authorized to regulate behavior to protect public safety or welfare, but federal lawmakers overstep the constitutional limits of their power when they begin ordering Americans to purchase certain products.

    “With this law, the federal government will force citizens to buy health insurance, claiming it has the authority to do so because of its power to regulate interstate commerce,” Cuccinelli said. “We contend that if a person decides not to buy health insurance, that person – by definition – is not engaging in commerce, and therefore, is not subject to a federal mandate.”

    Attorneys general in 11 states poised to challenge healthcare bill / The Christian Science Monitor - CSMonitor.com

    And the WSJ:

    Writing at the Washington Post, Georgetown law prof Randy Barnett thinks that the Commerce Clause argument might give opponents of the bill the most ammunition. Writes Barnett:
    While Congress has used its taxing power to fund Social Security and Medicare, never before has it used its commerce power to mandate that an individual person engage in an economic transaction with a private company. Regulating the auto industry or paying “cash for clunkers” is one thing; making everyone buy a Chevy is quite another. Even during World War II, the federal government did not mandate that individual citizens purchase war bonds.
     
  4. SpidermanTuba
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    SpidermanTuba BANNED

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    Don't these fucking morons realize that the federal government already requires citizens purchase medicare? You don't think the Justices who hear this crap are going to get a laugh when they ask the question "Where the fuck was your whining in 1965 when Medicare got passed" ?
     
  5. code1211
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    code1211 Senior Member

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    Are people compelled to purchase Medicaire or is it an option that most people use?
     
  6. PLYMCO_PILGRIM
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    PLYMCO_PILGRIM Gold Member

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    lots of civil suits and state initiated suits will be coming against the federal government over that specific part of the health care bill. That part of the bill is unconstitutional.
     
  7. SpidermanTuba
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    SpidermanTuba BANNED

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    No it isn't. Its an income tax levied under authority of the 16th amendment.
     
  8. chanel
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    chanel Silver Member

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    Medicare is a govt program. They cannot force anyone to buy PRIVATE insurance. Hence - public option will be back on the floor in short order.
     
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  9. PLYMCO_PILGRIM
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    PLYMCO_PILGRIM Gold Member

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    Thats a good stretch...lets say I buy your argument.

    All taxes shall be uniform is also in the constitution, so the PROGRESSIVE income tax structure is unconstitutional.

    Enjoy the continuing erosion of your liberty, i know you will remain blissfully unaware of the unintended consequences.
     
  10. PLYMCO_PILGRIM
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    PLYMCO_PILGRIM Gold Member

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    Nope they will just put everyone on medicare

    Whats next, lets see, put everyone on medicare/medicade to get them covered, great intention. Then legislate that pharmacies fill these people's perscriptions at a loss to prevent this from happening Local News | Walgreens: no new Medicaid patients as of April 16 | Seattle Times Newspaper We would have to pass that legislation because everyone deserves a home, i mean perscription drugs. Then when the pharmacies go out of business due to government regulations causing massive profit loss they will be "too big to fail" too and the government will have to "bail them out and take over".

    I know i know it sounds crazy, its not like we've seen that happen before.

    :eusa_whistle:
     

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