Is the mandate to buy health insurance constitutional?

The American Thinker Blog ^ | December 25, 2009 | Rick Moran

[Scanian]

Ilya Somin writing at Volohk Conspiracy fleshes out what is sure to be a court challenge against the constitutionality of individual or business mandates to purchase health insurance. His point - there is no "consensus" among constitutional scholars on the issue

"In an important recent speech, Senator Max Baucus claims that there is a broad consensus among legal scholars (that the individual mandate is constitutional. He claims that 'those who study constitutional law as a line of work have drawn th[e] same conclusion' as congressional Democrats. Similar assertions have been made in parts of the liberal blogosphere. For example, Think Progress denounces Republican Senators Ensign and DeMint for citing only 'right-wing think tanks' in support of their claims that the mandate is unconstitutional, and chides them for supposedly being unable to cite 'a single judge, justice or reputable constitutional scholar who believes that health reform is unconstitutional.'"

[highlander_UW]

No, the mandate is tyranny.

[narses]

Obama Doesn’t Want His Daughters Punished with a Baby

http://www.youtube.com/watch?v=eNzmly28Bmg

CNN on Obama’s Infant Born Alive Act Rejection

http://www.youtube.com/watch?v=QPZCXcTwZPY

Jill Stanek on Obama and Born Alive Infant Protection Act (MUST SEE)

http://www.youtube.com/watch?v=VIdbYjmbFzo

Obama Cover-up Revealed On Born-Alive Abortion Survivors Bill

http://www.nrlc.org/ObamaBAIPA/ObamaCoverup.html

Explosive Audio Found Obama arguing against BAIPA

http://www.youtube.com/watch?v=ypDwNpgIUQc

Babies left to die!

http://www.youtube.com/watch?v=VIdbYjmbFzo

Obama Says A Baby Is A Punishment

Obama: “If they make a mistake, I don’t want them punished with a baby.”

[R. Scott]

But if a case were to come before this current court, all bets are off.

Really. The Commerce Clause has already been stretched beyond recognition. The current Supreme Court would have no problem agreeing with the Democrats.
Maybe it’s time “Constitutional scholars” actually studied our Constitution and the writings of the men who wrote and signed it - and pay less attention to post FDR court rulings.

[Rapscallion]

The mandate is unconstitutional unless the federal government can also order you to buy life insurance, property insurance, business insurance, dental insurance, and pet insurance. In other words NO!!!!

The allowed business of the United States is spelled out in the US Constitution...."health" is not mentioned; "education" is not mentioned. The founders left those responsibilities solely for the States.

The federal government just pours more and more money into the black-hole of healthcare. The best solution would be for the US Government to get out of the health business entireley over a ten year period.

[PoloSec]

When this health care bill passes and it will, its passing should produce a revolution but it will not. I can see a day soon when the demoncrats will put forth a bill to declare the constitution NULL and VOID and scholars will agree this action to be constitutional...the worst part is there will still be no revolution because the demons have already effectively demonstrated the constitution meaningless. How can I be encouraged the people will rise up, as the tea party movement is too passive and for all intents and purpose it has been of no effect. Sorry to be so pessimistic.

[rlbedfor]

If Congress can make you buy something for the common good that they decide how and what is sold, then we are screwed in the long run. The commerce clause has the purpose of keeping commerce regular between states. I think all the twisting and turning will not make forcing someone to buy something regular. That is not regulation, that is tyranny.

[familyop]

Well, sometimes, after reading US Code and decisions, one needs to read letters of those who signed the Constitution. That would be a search for intentions—very important.

But really, policies that meet enough intolerance do not continue. ...problem is that most active constituents (and thereby, politicians) of both political parties have supported some very unconstitutional and wrong policies over the past three decades or so. Such putsches bring consequences.

[familyop]

BTW, it was all over a very long time ago, when romanticism from European culture and religion was embraced by wealthier and more influential Americans. The only hiccups for romanticism have been those during economic depressions (very frustrating times for impatient romanticists/feminists).

How Dramatically Did Women's Suffrage Change the Size and Scope of Government?

JOHN R. LOTT Jr.
American Enterprise Institute (AEI) (download links for whole document at bottom of page)

September 1998

University of Chicago Law School, John M. Olin Law & Economics Working Paper No. 60
Journal of Political Economy, Vol. 107, Number 6, Part 1, pp. 1163-1198, December 1999

Abstract:

This paper examines the growth of government during this century as a result of giving women the right to vote. Using cross-sectional time-series data for 1870 to 1940, we examine state government expenditures and revenue as well as voting by U.S. House and Senate state delegations and the passage of a wide range of different state laws. Suffrage coincided with immediate increases in state government expenditures and revenue and more liberal voting patterns for federal representatives, and these effects continued growing over time as more women took advantage of the franchise. Contrary to many recent suggestions, the gender gap is not something that has arisen since the 1970s, and it helps explain why American government started growing when it did.

[cbkaty]

The answer is nullification....plus...simply, ignoring the idiot bastards. They have only the power we give them!

The sooner Washington developes a genuine respect & fear of the powers of the states, the better.

We can be a strong Republic once again....but.....this is the last chance to board the train of freedom....

TEXAS Governor Rick Perry......, "What are you willing to do? Will you pledge your life, your fortune, your sacred honor?"

[GloriaJane]

[cbkaty]

[maxwellsmart_agent]

They may push too hard!

They are in violation of the powers given to the Federal Government in the Constitution. We all know that this health insurance bill will end up in front of the Supreme Court if passed, and it probably will, since neither our Senators or our Representatives are listening to the people who elected them. They are flat out ignoring us. It is getting downright scary.

They (the Senate, the House, and the Supreme Court)would do well to consider these words from the Declaration of Independence:

“That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

[libertarian27]

They are just messing with Unalienable Rights.

Un-a-LIEN-Able

*Nothing to see here-move along*

[HereInTheHeartland]

“Is the mandate to buy health insurance constitutional?”

Of course not. Much of what the the government does and mandates is not constituitional.

[M Kehoe]

In the not so distant future, everyone will be required to purchase a GM (government motors), vehicle. A GE (government electronics), refrigerator, and buy various lines of insurance from A.I.G. (government insurance agency).

Isn't that what they did in the soviet union, and the eastern block? I guess it worked out so well there, that the 0bama admin. wants to try it here.

Fasten your seat belts folks, it's going to be a very bumpy ride...

5.56mm

[sport]

If they can get away with doing it, I suppose it is to them.

Since November 5, 2008, we no longer live in America, we live in America with a K at the end.

Once they have consolidated their power, we will learn the hard way that we are living under the most evil people that the world has ever known.

It is only going to get worse as time goes on.

We can do one of two things, live under it as long as they allow us to live [which won't be long]

Or, we can stop them at whatever the cost to us.

We will be able to choose between the two [it will probably be the last choice we are allowed to make, but one way or the other we will make the choice.

[mtrott]

“The mandate is unconstitutional unless the federal government can also order you to buy life insurance, property insurance, business insurance, dental insurance, and pet insurance. In other words NO!!!!”

Correct. This mandate takes de facto OWNERSHIP of individual citizens. This amounts to a relationship of servitude to the government.

[DavidFarrar]

Of course it is unconstitutional, but it is a perfect example of pure modern-day social-fascism at work.

ex animo
davidfarrar

[Chewbacca]

The Government forcing people to purchase something is ‘forced labor’ and in violation of the 13th Amendment against involuntary servitude.

The whole health bill violates the 9th, 10th, 13th, and 14th Amendments.