You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
ObamaCare Insurance Mandate Declared Un-Constitutional
- Thread starter pspr
- Start date
On it's face, this law does appear to be unconstitutional but the government forces people to do things all the time. If the Supreme Court rules against the Government then the Government will turn around and collect more taxes from you and force you into a medical plan that way.
The most laughable part about this bill is when someone gets laid off and they are supposed to come up with the $18,000 per year to pay their Cobra or some other insurance. Unemployment Bennies just don't cover that. How much will the government subsidize for these folks? Maybe $5k? Well, that helps but who pays the other $13,000? It's easier to pay the $750 and go to a county hospital if one is available in your area. I've never been to a county hospital though. Hopefully I'll never have to. Heard some scary stories....
The most laughable part about this bill is when someone gets laid off and they are supposed to come up with the $18,000 per year to pay their Cobra or some other insurance. Unemployment Bennies just don't cover that. How much will the government subsidize for these folks? Maybe $5k? Well, that helps but who pays the other $13,000? It's easier to pay the $750 and go to a county hospital if one is available in your area. I've never been to a county hospital though. Hopefully I'll never have to. Heard some scary stories....
Quote from pspr:
At least one court ruled correctly. I don't see how the Supreme Court can rule that the government can force you to buy anything. That's not regulating interstate commerce. It will probably be another year before it gets there.
Quote from the1:
......If the Supreme Court rules against the Government then the Government will turn around and collect more taxes from you and force you into a medical plan that way......
But, the Democrats have lost control of the House in the last election. So, that won't happen. Most likely, ObamaCare will fall apart if the Supreme Court rules against the mandate. Any change in the law to force a mandate another way won't get through the House and they are going to block funding anyway. So, when Obama is out at the end of 2012 the ObamaCare law will be replealed and replaced with something reasonable.
Essentially, the Court ruled as follows:
1. That the imposition of an individual mandate to purchase private insurance went beyond Congress' historic Commerce Clause power, which is not extended by the existence of the Necessary and Proper Clause
2. That the mandate could not be reframed as a "tax," as it was not designed to raise revenue but rather to penalize behavior.
3. That the individual mandate was severable from the remainder of the law, and therefore the entirety of HCR won't be struck down.
4. Moreover, that there was no compelling reason to block other enforcement of HCR in the interim, as the case makes
1. That the imposition of an individual mandate to purchase private insurance went beyond Congress' historic Commerce Clause power, which is not extended by the existence of the Necessary and Proper Clause
2. That the mandate could not be reframed as a "tax," as it was not designed to raise revenue but rather to penalize behavior.
3. That the individual mandate was severable from the remainder of the law, and therefore the entirety of HCR won't be struck down.
4. Moreover, that there was no compelling reason to block other enforcement of HCR in the interim, as the case makes
Quote from pspr:
But, the Democrats have lost control of the House in the last election. So, that won't happen. Most likely, ObamaCare will fall apart if the Supreme Court rules against the mandate. Any change in the law to force a mandate another way won't get through the House and they are going to block funding anyway. So, when Obama is out at the end of 2012 the ObamaCare law will be replealed and replaced with something reasonable.
"reasonable" you are assuming that a republican or mixed congress is capable of doing anything reasonable. eg. passing a billextending unemployment
for another year is not reasonable. they will become unhire-able and have no incentive to look for work except off the books.
reasonableness is not a criteria for the passage of legislation.
Quote from Free Thinker:
Essentially, the Court ruled as follows:
1. That the imposition of an individual mandate to purchase private insurance went beyond Congress' historic Commerce Clause power, which is not extended by the existence of the Necessary and Proper Clause
2. That the mandate could not be reframed as a "tax," as it was not designed to raise revenue but rather to penalize behavior.
3. That the individual mandate was severable from the remainder of the law, and therefore the entirety of HCR won't be struck down.
4. Moreover, that there was no compelling reason to block other enforcement of HCR in the interim, as the case makes
It really doesn't matter what the Supreme Court does or doesn't do, as the new House Republican majority has vowed to never fund Obamacare. Since Obamacare cannot add to the deficit, and must receive it's funding from both houses of congress to be implemented, it's as good as dead!!!! Thank God for that!!!!