If the government can make you purchase car insurance, pay into your social security retirement fund, medicare insurance, etc etc etc.., fining someone who does not purchase healthcare insurance is as legal as any of the aforementioned.
The government can't make you purchase car insurance. A state can make car insurance mandatory if you drive a car. If you don't have a car, you aren't required to have car insurance. If you don't work, you don't have to pay into social security or medicare.
Dear TCL and MC:
Some differences between the health care vs car insurance arguments
1. difference between states having jurisdiction to do this vs federal govt.
(as with marriage laws which technically cross over church-state distinctions,
the local states can issue marriage licenses under policies that represent those people, but the federal
govt cannot mandate the policies for all states if they don't all agree; the federal govt can strike down
laws that are deemed unconstitutional but cannot force the state to adopt something "optional"
which depends on the consent and representation of the people of that state. only if the people all agree on a policy such as marriage, they can get that implemented through the state as long as everyone agrees it is not imposing or excluding unfairly. the authority of law ultimately resides with the consent of the people.)
2. car insurance policies that allow drivers to WAIVE the requirement by showing
specified proof of ability to pay
3. car insurance is to cover the liability for damage that the driver may cause to OTHER people or their property
What I would do to address how to correct this whole health care policy:
1. change the option to "opt out" to the option to "opt in":
a. either give states/people the free choice to form their own exchanges
using either business or nonprofit or church-related networks or resources
b. or since the votes have been split over party lines, require that the Democrat Party members voting for this bill be required to fund and participate in the exchanges on a mandatory basis; while those voting against
it are NOT allowed to use those resources and must sign an agreement to cover health care other ways
(or through their own voluntary/charity exchanges under the current or some other system)
2. require insurance for govt wrongdoing or damages to the public, for criminal damages done to "other people" so that the costs of crime/corruption is insured to the taxpayers instead of charging the innocent parties for the damages of other people!
THAT would pay for the costs of law enforcement, prisons, health care, education,
if the people/corporations/govt agencies/officials who ABUSED or COST taxpayers
money were responsible for paying it either themselves or through insurance.
ANd if people are too high risk then no company would insure them, and
those people would have to correct how they operate; only those people with a record of
not being reckless, abuse, criminal, negligent, etc. would be able to live, work and govern in districts that had such a policy!
Precedent: I heard of at least one country that has insurance that covers things like drunk driving, so that the family affected by someone else's negligence has their income covered