Posted on 11/15/2017 8:08:34 AM PST by Kaslin
Eight years ago, Sen. Orrin Hatch argued in a Senate Finance Committee then controlled by Democrats that Congress does not have the constitutional power to order people to buy things.
The committee was discussing the incipient Obamacare bill. It's most outrageous element: The so-called "individual mandate," which would force Americans to purchase health insurance.
Hatch did not believe the Constitution's Commerce Clause -- which gives Congress the power to "regulate Commerce with foreign nations, and among the states" -- could be stretched to give the federal government the power to compel individuals to do this.
"Rather than regulate what people have chosen to do," said Hatch, "it would require them to do something they have not chosen to do at all."
The Obamacare bill, he said, "would have Congress boldly go where we have never gone before, at least as far as I can see, in the history of our country.
"If we have the power simply to order Americans to buy certain products," Hatch said, "why did we need a Cash-for-Clunkers program or the upcoming program providing rebates for purchasing energy appliances? We could simply require Americans to buy certain cars, dishwashers or refrigerators."
"Or" -- as this column, commenting on Hatch's statement, noted at the time -- "broccoli, or carrots, or 'medical marijuana' for that matter."
From the founding of this country until Obamacare was enacted in 2010, the federal government had never forced Americans to buy any product.
But that law -- pushed through a Democrat-controlled Congress by a Democratic president -- did include the "requirement" that individuals "shall" buy health insurance and would be charged a "penalty" if they did not.
The Obama administration argued all the way to the Supreme Court that the Commerce Clause did indeed give the federal government the power to enforce this mandate on individuals.
In an infamous opinion, Chief Justice John Roberts concluded that the Commerce Clause did not give Congress the power to force people to buy health insurance, but the Constitution did give Congress the power to impose taxes.
He concluded that Obamacare's requirement that people "shall" buy insurance was not actually a mandate, and that the "penalty" imposed for violating that non-mandate was really a "tax."
In essence, Roberts speciously argued that Obamacare's "individual mandate" was a choice: You could buy health insurance or pay the penalty "tax."
Once the federal government had established this new power to force people to buy things, the next question was: What should it force people to buy?
Under Obamacare, Americans not only lost their freedom of choice on whether to enter the health insurance market, they lost their freedom of conscience on what type of health insurance coverage to buy. The Obama administration issued a regulation requiring health insurance plans to cover all Food and Drug Administration-approved contraceptives. These included abortion-inducing drugs and devices.
Thus, Obamacare forced Americans not merely to buy insurance but to buy insurance that paid for the killing of innocent human beings.
This week, Senate Majority Leader Mitch McConnell indicated that the Republican tax reform bill that is moving through the Senate Finance Committee, where Sen. Hatch is now chairman, will include language repealing Obamacare's individual mandate.
The Congressional Budget Office has estimated that repealing the mandate will save the government $338 billion over 10 years. That is money that can be used to expand the tax cuts in the Republican plan and make sure that middle-class families are not hit with a tax increase by the bill.
Repealing the mandate will save this money because it will reduce the number of people dependent on the government. Fewer people will get federal subsidies to buy health insurance. Fewer will be enrolled in Medicaid.
But the most important result of repealing the mandate is that it will restore a freedom the federal government had no right to curtail.
The Constitution does not give the federal government the power to force individuals to buy health insurance or any other product.
You can thank Justice Roberts. What would it take to get him gone?
If this goes through it would be great; Americans need to see tax relief if Trump and the Republicans want to hold power - and this IS a tax. Can’t imagine how ObamaCare continues without these funds pried from Americans’ pockets...
OK, but...
the price for ending the mandate appears to be the continuation of the cost sharing subsidy to insurance companies.
http://thefederalist.com/2017/11/15/6-reasons-individual-mandate-deal-rotten-health-policy/
Ceding the CSRs leaves conservatives with no leverage to force the crony politicians to change Obamacare.
A ride with Ted Kennedy would do the trick.
The main purpose of the Constitution was of course to constitute a nation.
The unique way the Founders went about the task of constituting a nation isn’t emphasized in America's Public School System so it up to individuals like me, Hillsdale College, Children’s books by Rush Limbaugh, and venues like Free Republic to complete their civics education.
Some people believe the Constitution is there to provide shelter, food, clothing, and education for the people who need assistance.
The very first thing that all should know about the Constitution is that the Constitution is not about the people and what the people can and cannot do.
The second most important thing that all should know about the Constitution is that the Founders method of limiting government interference in the people's lives was to limit the government's legislative powers.
The third most important thing that all should know about the Constitution is that the Bill of Rights did not grant rights to the people, the Bill of Rights protected the people’s inherent rights from government interference.
When people versed or at least informed discuss the Constitution or any aspect of the Constitution a meaningful discourse will evolve.
Eight years ago, Sen. Orrin Hatch argued in a Senate Finance Committee then controlled by Democrats that Congress does not have the constitutional power to order people to buy things... Hatch did not believe the Constitution's Commerce Clause -- which gives Congress the power to "regulate Commerce with foreign nations, and among the states" -- could be stretched to give the federal government the power to compel individuals to do this. "Rather than regulate what people have chosen to do," said Hatch, "it would require them to do something they have not chosen to do at all."Pelosi laughed derisively when confronted with that.
Neutralize the mandate, and pass the bill!
“Eight years ago, Sen. Orrin Hatch argued in a Senate Finance Committee then controlled by Democrats that Congress does not have the constitutional power to order people to buy things”
But apparently it has the power to force other people to pay for stuff that some people want or need, like health insurance, that they are not willing to pay for themselves.
I don’t see this as a big win for constitutionality, not without repealing the law that mandates that hospitals must treat people even if they irresponsible enough to not carry health care.
All it does is make medical insurance a lot more expensive for those of us who are responsible enough to buy it. If you’re going to force providers to take care of anybody that shows up then I don’t mind also forcing everyone to pay into the system.
If The Constitution was followed as written, the Federal Budget would be 25% of what it is today and there would be only a few Cabinet Level Departments, with one having the lion’s share of the Budget, the War Department.
And since, from my understanding, all tax legislation must originate in the House, the bill was still unconstitutional because it originated in the Senate. Correct me if I am wrong.
Every word of the unAffordable Care Act should be repealed.
Justice Roberts should be removed from the bench.
He is compromised.
Duly noted. Anything else you'd like to force on us Mr. Free Republic ?
Surely McCain and Flake will rally their fellow Democrats to stop this.
I agree; my town’s hospital closed because they were forced to treat illegals who never paid the bills. The government made them provide treatment, then kept reducing the reimbursement for that treatment until the hospital went out of business.
Section.8. states: The Congress shall have the power To lay and collect Taxes, Duties, Impost and Excises to pay the Debts and provide for the common Defense and general Welfare of theUnited States, but all Duties, Imposts and Excises, shall be uniform throughout the United States.
“Duly noted. Anything else you’d like to force on us Mr. Free Republic ?”
Yes, anything you demand that I pay for, Mr Leach.
Can the bill be overturned when the marxists get back into power?
wow. Maybe they should change the laws so that only citizens can be treated? Unless we get an agreement from their nation that if they end up in our hospitals, we will bill them...
or deduct the amount of money we pay to the hospitals from any aid their nation receives.
Thing is, will the hospitals ever reduce the prices of things? grocery stores never reduced the price of food after gas prices went down.
Trump should have the price of food and medical put into the cost of living stats. Oh, and the congress critter’s salaries and ALL THE PERKS. Actually while we’re at it, the cost of living should include federal taxes. Does it?
I’m in NJ, but I understand this happens in CA as well.
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