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What if healthcare passes and compulsory purchase of healthcare is deemed unconstitutional.

Posted on 11/19/2009 11:17:52 AM PST by wzevonfan

I am "new" to the site. I think this is my first post. However I have been a reader for years and am a libertarian leaning Republican.

I had a thought about healthcare reform that is scaring me. Although I don't think it can pass, consequences could be terrifying if it does. For purposes of sharing my nightmare, let’s assume it passes.

Let’s also assume that the SCOTUS has the same five conservative members when compulsion to buy health insurance is enacted into law. It would be unprecedented for the government to mandate disposal of wealth in such a way.

To this point, all expenditure is voluntary. I am not required to buy auto insurance unless I would like to drive a car. I am not required to pay income taxes if I choose not to have an income. The same concept applies with property taxes.

If we hold the first assumption that this passes, the mandate to buy insurance will be challenged in the courts. Based on the current makeup of the SCOTUS, I would assume that they would like rule it unconstitutional. Here is why.

The last major decision regarding personal property was eminent domain, and O'Connor was the justice that broke ranks and voted with the Libs. Kennedy voted with the conservatives and O'Connor has now been replaced by the more conservative Alito.

What happens in that case? You now would have a law on the books that would mandate insurance companies cover everyone which would likely be upheld on constitutional challenge. You would have no requirement for individuals to carry insurance and in fact no incentive for them to. Why pay premiums till you are sick?

This environment would clearly drive the insurance companies out of business leaving only a government insurance company that is losing money. The Libs point out that we are effectively at single payer as private insurance companies all went out of business. They simply eliminate the public option and move to a national health plan without having to nationalize the industry.

Use the constitution and a bastardized free market to destroy private industry and destroy our freedom. We would have to listen to the slime criticize capitalism and free markets when it’s the distortions that they create that screw everything up, i.e. The Community Reinvestment Act.

We all know the "public option" is a push toward single payer. This might be how they think they are going to get single payer done.

Please let me know if you think I am crazy. Frankly, I hope I am. It would help me sleep better at night


TOPICS: Constitution/Conservatism; Government; Your Opinion/Questions
KEYWORDS: bhohealthcare; fear; healthcare; obamacare; socializedmedicine; unconstitutional; vanity
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To: DocJ69

I know who the senators from South Dakota are. If Johnson were representing his state, he would vote no.


21 posted on 11/19/2009 12:05:07 PM PST by rushmom (l)
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To: massgopguy

That sounds right. Taking up the power to force individuals to purchase a product or participate in any endeavor, at least to me, constitutes OWNERSHIP of the individual. Especially if fines and/or incarceration ensue. Otherwise, the individual may simply say, no thanks. It says that the federal government has absolute authority over the individual person, i.e., the total revocation of liberty.

So, clearly it creates a relationship of servitude between the citizen and the government.


22 posted on 11/19/2009 12:24:45 PM PST by mtrott
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To: wzevonfan

What is “scary” is that the US Constitution does not seem to matter in ANY case.

Violations all around us and nothing. Congress, the President, the courts don’t care.


23 posted on 11/19/2009 12:27:04 PM PST by ryan71 (Smells like a revolution)
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To: mtrott

We’ve said all along that this is a game changer - fundamentally altering the relationship of the State and the People.


24 posted on 11/19/2009 12:29:09 PM PST by MrB (The difference between a humanist and a Satanist is that the latter knows who he's working for.)
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To: DocJ69
The Dem is Johnson he is all for it and he is half brain dead after stroke before the last election

I thought the (D) behind their names indicated they were half brain-dead to start.

When my daughter was learning to drive, I told her if she saw a car with a Gore bumper sticker, she should give them plenty of room, because they obviously had bad judgment. Half brain-dead sheep with bad judgment.

25 posted on 11/19/2009 12:50:41 PM PST by Fredgoblu
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To: brownsfan
In today’s Amerika, the constitution is an abstract piece of paper some old white guys came up with. Not important, and not used.

Some of them don't even pretend to honor the Constitution. Clyburn (house majority whip) says they don't worry about what is Constitutional -- they just vote and let the courts sort it out.

26 posted on 11/19/2009 1:24:14 PM PST by ding_dong_daddy_from_dumas (Joe Wilson said "You lie!" in a room full of 500 politicians. Who was he talking about?)
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To: ryan71
Violations all around us and nothing. Congress, the President, the courts don’t care.

They defend Constitutional rights zealously, in the case of foreign Islamic terrorists. For US citizens, not so much.

27 posted on 11/19/2009 1:29:53 PM PST by ding_dong_daddy_from_dumas (Joe Wilson said "You lie!" in a room full of 500 politicians. Who was he talking about?)
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To: rushmom

I doubt that the two Virginia senators (Warner and Webb) will be that easy to persuade. Neither one is up for election any time soon (unfortunately)!


28 posted on 11/19/2009 1:42:23 PM PST by ConjunctionJunction
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