The question being raised by the thread was Can health care be mandated without imposing involuntary servitude?
Since mandating the purchase of healthcare insurance does not meet the legal definition of involuntary servitude, it can't be argued that it's involuntary servitude and it must be argued on different basis. Holding that paying a penalty to the government is involuntary servitude is really grasping at straws.
Not if you actually listen to the argument. The point isn't to match a legal definition or find some constitutional loophole to undermine the law. The point is to question the premise that government should have that kind of authority over our personal decisions.
Arguing that one should be free to choose to carry health insurance or not is rather silly. In this day and age an illness or accident can created millions of dollars in medical bills that you would have no hope of paying forcing the care providers or government to absorb those costs. Now that is wrong. Without the mandate, irresponsible people would continue to refuse to carry insurance and leave the bills to the rest of us to pay.
The argument isn't silly at all. I take it very seriously. The question touches on fundamental issues of individual rights. The fact that millions of Americans have indulged a "solution" for financing their healthcare that isn't viable shouldn't force the rest of us to follow their lead.
Yes, individual rights are a major issue when discussing the mandate. However, I think you will agree that with rights comes responsibilities. In this case it's the individual's responsibility to see that their healthcare providers gets paid for their services. Without insurance that's impossible for most families. Before healthcare reform 50 million people didn't carry health insurance and most of them had no way to pay for treatments of serious healthcare problems. Many of those that carried insurance, had insufficient coverage to pay for major healthcare expenses.
Well
Flopper that's where I'd say mandating insurance through the FEDERAL level is NOT the only way to regulate if someone counts as responsible to get an exemption.
It's actually discriminating against people who exercise their responsibility in other ways; it's the federal govt "regulating on the basis of RELIGION" by regulating WHICH religious groups count or don't count as exemptions or as "responsible."
This is all FAITH based, remember, nobody has proven WHICH of these methods is "BEST" which will never be proven because people's values and beliefs are different.
By your arguments
Flopper what's to stop prolife people from passing mandates banning abortion as "the only way to guarantee responsibility"
or mandating Spiritual Healing as the "only way to guarantee" that taxpayers aren't forced to carry the costs of drug addicts and sex abusers who would be screened out and cured (if spiritual healing were mandated as a way to "cut costs and ensure responsibility for health costs".)
Isn't it arbitrary what are the CONDITIONS by which some taxpayers are getting exempted and some are getting PENALIZED? What is so magical about insurance, when it doesn't even cover all the costs or all the population? What about all the other measures and provisions needed to cover the rest of those costs and population -- why don't investments in THOSE venues count as responsibility and exemptions?
And now that it has come out that people have conflicting political BELIEFS, where some believe RELIGIOUSLY in govt health care as a right while others BELIEVE in free market as their philosophy and way of life, isn't it "discriminating by creed" for govt to EXEMPT people for complying with beliefs in govt health care, and to PENALIZE people who believe in free market and that govt does not have authority to mandate insurance.
Those choices are even biased by CREED. The Congress members who voted for this were split along those very lines of BELIEF, where the ones who Support these beliefs passed this bill that exempts people who agree with those beliefs (and the ones who oppose these beliefs in health care are PENALIZED). Isn't that a sign of passing a law that favors and REWARDS followers of one belief while punishing opponents of other beliefs?
How obvious is THAT, that the govt is being abused to establish one set of beliefs over others,
when the vote was split by Party, based on the "BELIEF" that "health care is a right" proclaimed as A BELIEF in the Democrats' own party platform. Isn't that obviously a political religion then?
And what is even criminal about wanting free choice to pay for health care other ways?
Why should liberals seek to penalize that free choice, while fighting to defend the free choice of abortion, to take drugs, etc. Clearly there is a political bias going on, and in this case, the discrimination is mandated in the form of penalizing people of opposing political beliefs.
Are there any honest politicians on the left even willing to acknowledge this at all?
The primary provisions of the healthcare law are based on facts not beliefs.
Healthcare providers have had to write off and an estimated 100 billion dollars a year in bad debt, over 45 billion from our largest hospitals. Almost all of that amount was due to uninsured or under insured patients. Those amounts were of course passed on in the form of higher medical costs and insurance premiums. Some people chose to act irresponsibility by not providing insurance for themselves and their family. Others could not because of preexisting conditions or the cost of insurance. In either case, the healthcare law addressed the problem by mandating that everyone carry insurance and provide financial assistance for those who could not afford it.
It's not just a belief that universal health insurance coverage will lead to a healthier nation but a fact. There have been a number of studies linking better health with health insurance coverage. A Harvard Medical School Study shows uninsured, working-age Americans have a 40 percent higher risk of death than their privately insured counterparts.
Hi
Flopper RE: facts not beliefs?
I disagree on several levels
A.
The BELIEF that health care is a right through govt IN ITSELF is a BELIEF.
Can you deny that this is a BELIEF? <-- regardless of any other facts or information,
can we at least AGREE that the whole premise of govt health care is based on a BELIEF?
And the problem at the VERY ROOT is that people do not SHARE this belief but it is being forced on them through govt, which is in violation of religious freedom and equal protection of the law from discrimination by CREED.
Proof that this is a BELIEF:
A1. People prove this EVERY DAY by openly STATING they BELIEVE in "health care as a right" while
half the nation has been screaming about their BELIEFS in free market health care.
There are also BELIEFS in spiritual healing, or Christian Science and those ways of providing health care,
so in addition to the BELIEF in "govt right to health care" as many others will openly admit and state
they DON'T BELIEVE that. So these are ALL BELIEFS.
Do we agree we are dealing with BELIEFS about health care and who has responsibility for their health
-- the people by free choice or free market, or the govt by regulating health care choices for people.
Do you understand a political belief or not?
A2. The Texas Democratic Platform in writing states
we/Texas Democrats "BELIEVE" that health care is a right not a privilege
A3. Other sources have brought up this issue that the
BELIEF that "health care is a right" is a belief (similar to the current
issue over who does or does not BELIEVE that marriage is a fundamental right that belongs with govt)
B. the CONTENT of the regulations and mandates being required by federal govt for citizens
to pay for and participate in, directly or indirectly, WITHOUT the freedom to opt in or opt out.
You can see from the arguments back and forth, that people DON'T agree what has or has not been proven.
Flopper, as
dblack pointed out,
can you PROVE that just because someone didn't buy insurance, they weren't going to pay for their health care?
This has NOT been proven. Citizens were deprived of free choice whether or not to buy insurance,
WITHOUT ANY PROOF or due process to establish they committed a crime, abuse or incurred costs they didn't pay for yet!
You can cite what you want,
but if people DON'T BELIEVE that justifies taking away liberty,
that doesn't PROVE to them it was necessary to mandate those programs at the cost of individual freedom.
C. In general, what you cannot prove.
C1. You cannot prove that the federal mandates on insurance are the only way to pay for health care.
In fact, it is KNOWN that this does NOT cover all costs or all people.
So it is OBVIOUS that OTHER MEANS are STILL needed to cover universal care for the greater population.
So WHY are those other means and options being PENALIZED?
If they are needed anyway?
C2. You cannot prove that ALL the people losing liberty and being forced to buy insurance to avoid penalties
weren't going to pay for health care other ways, and cannot prove the insurance mandates are the only solution.
C3. You cannot prove that mandating insurance is better than other choices such as
a. reforming prisons and mental health systems to redirect those resources toward preventative health
b. investing in teaching hospitals and medical education internships to train service providers who earn credits
by serving in public health
Flopper we haven't begun to address the medical resources, facilities, programs and education and service outreach
needed to cover the population and demand.
How can you possibly say anything is proven when none of these other solutions
have even been IMPLEMENTED much less tested out and studied for cost effectiveness?
Dear
Flopper I am guessing all the "facts" you are talking about
only back up one side or the other.
So that is NOT justification for putting one belief over another.
That is only explaining the rationale behind someone's BELIEFS in one or the other.
WE ARE STILL LEFT WITH BELIEFS ABOUT HEALTH CARE
which don't agree, because the people who believe that health care is a right through govt
should not be forced to change their BELIEFS to free market, and people who believe in
free market and individual responsibility for health care should not be forced to change their BELIEFS to govt health care.
BOTH SIDES HAVE THE RIGHT TO THEIR BELIEFS EQUALLY.
Do we agree on that? Or do you believe the govt has the right to impose
one set of beliefs on citizens of other beliefs?
Do you believe in religious freedom and "separation of church and state" or not?
Do you believe govt has authority to dictate issues of beliefs for its citizens, and even force them to pay fines into such
a system they have VOCALLY expressed they Don't Believe in.
What proof do you need that they don't believe in govt health care?