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Federal Minimum Wage and Requiring Health Care -- What's the difference
Self

Posted on 03/22/2010 7:23:47 AM PDT by indianyogi

Someone asked a question: if government can set the mandated minimum wage, why can't they require us to buy health insurance?

Freepers thoughts!


TOPICS: Constitution/Conservatism
KEYWORDS:
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To: indianyogi
The Federal Minimum wage covers businesses doing business in more the one state. It is Interstate Commerce.

In state Commerce is regulated by state regulations. Health Care cannot be bought across state lines there for it is IN STATE, not INTERSTATE commerce.

21 posted on 03/22/2010 7:33:40 AM PDT by MNJohnnie ("The trouble with socialism is that eventually you run out of other peoples' money" Lady Thatcher)
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To: indianyogi
In order for the minimum wage to appply, you have to work for someone. It doesn't apply if you are self-employed or don't work.

Just being a resident of this country means that you must purchase health insurance or be covered by it. Big difference. It is unprecedented.

22 posted on 03/22/2010 7:33:46 AM PDT by kabar
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To: indianyogi

People have the right to not accept jobs or to accept them based on the pay. You are NOT forced to work at minimum wage. You ARE forced to buy insurance (now).


23 posted on 03/22/2010 7:33:47 AM PDT by marstegreg
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To: indianyogi

Employment is a commercial activity. Not buying or having health insurance is not a commercial activity.


24 posted on 03/22/2010 7:37:04 AM PDT by grumpygresh (Democrats delenda est)
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To: indianyogi
The government can do anything it wants by any means necessary as can the people. We institute a compact between the people and the government to lay the ground work for how the people should be governed. Our government has been breaking those initial rules for a very long time. So to think that they have to follow the rules is foolish. They only have to if someone makes them. That is why we have the 1st and 2nd Amendments. That is not a an emotional cry for blood but a simple fact. They will in fact do whatever they want or think they can get away with until someone holds them accountable. I am beginning to doubt if an election can do that. It just seems to me that our direction is being pushed by a much greater force than just our elected representatives.
25 posted on 03/22/2010 7:38:25 AM PDT by Archon of the East (Universal Executive Power of the Law of Nature)
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To: ConjunctionJunction
Good point, if you don't work do you still get free health care? Well of course. For those of us who do work and can afford health insurance, we may have less choice and at a higher cost but for those marginally employed, just making it at Mikey D's or wherever, the additional cost of insurance may be enough make them decide to stay home and join a soon to be growing economic underground. When businesses get the choice between an 8% payroll fine or providing expensive insurance, workers are going to get the shaft big time and if the unions think they are immune they have another think coming. Why would anyone hire a union worker and pay for these heath care plans when they can go overseas? Not to mention the consumers who used to buy union made products aren't going to have as much money. That's why the unions are so active in organizing health care workers now. That's where all the money is going to go.
26 posted on 03/22/2010 7:39:00 AM PDT by dblshot (Insanity - electing the same people over and over and expecting different results.)
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To: 9YearLurker

Makes you wonder if they came up with the mandate with the intent of it being struck down as unconsitutional later. Their goal is to bankrupt the health care insurance industry. Seems to me this would do it. Require health insurance companies to accept everyone with preexisting conditions, those people wait until they get sick to buy health insurance, premiums go through the roof, people cry out to the government for “help”. And then we get single-payer.


27 posted on 03/22/2010 7:39:35 AM PDT by ConjunctionJunction (LOLcat sez: "ObamaCare: Do Not Want!")
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To: indianyogi

Simple, I’m not REQUIRED to hire anybody nor start a business.


28 posted on 03/22/2010 7:40:31 AM PDT by Clock King (There's no way to fix D.C.)
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To: gwilhelm56

Actually, until the late thirties, your view was the dominant view of the rights of the states vs. the feds. Then eventually FDR got enough justices on the court to essentially decide that the commerce clause empowered the federal government to do anything it damn well pleases. It has become the classic case of an exception swallowing the rule.


29 posted on 03/22/2010 7:41:56 AM PDT by Spartan79
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To: indianyogi

Well WHEN this is ruled UNCONSTITUTIONAL, it will take care of that question.


30 posted on 03/22/2010 7:42:49 AM PDT by Marty62 ( Marty60)
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To: DonaldC

I thought with SS and medicare they demand you pay in, but don’t demand to receive bene’s


31 posted on 03/22/2010 7:44:13 AM PDT by Rippin
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To: ConjunctionJunction
Didn’t Michelle say something to the effect of Barack will require everyone to work?

Why not? After all, everyone know that "Work Makes Free".

32 posted on 03/22/2010 7:44:47 AM PDT by bIlluminati (Don't just hope for change, work for change in 2010.)
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To: indianyogi

NOBODY can force you to WORK!


33 posted on 03/22/2010 7:45:04 AM PDT by stephenjohnbanker (Support our troops, and vote out the RINOS)
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Comment #34 Removed by Moderator

To: bgill

The “miniumum wage” is not Constitutional either.


35 posted on 03/22/2010 7:49:10 AM PDT by John Valentine
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To: indianyogi

.
Can they continue creating anti-Constitutional abominations?

Who’s going to stop them?


36 posted on 03/22/2010 7:49:17 AM PDT by Touch Not the Cat (Where is the light? Wonder if it's weeping somewhere...)
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To: dalebert

Liability insurance is just that,liability. One job govt does have is to protect an individual from the illegal or reckless acts of another. Auto insurance does that. Unlike our POTUS anyone who went to Drivers Ed knows you must have insurance to compensate for damage,injury,death caused by your vehicle. No one is required to have insurance to pay for damage to their vehicle.(Collision).


37 posted on 03/22/2010 7:52:27 AM PDT by xkaydet65 (Never compromise with evil! Even in the face of Armageddon!! Rorshach)
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To: xkaydet65

thanks


38 posted on 03/22/2010 7:57:51 AM PDT by dalebert
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To: indianyogi

While I am not sure the Federal minimum wage is constitutional, you could at least make an argument for Federal authority to implement it under the interstate commerce clause.

An individual health insurance mandate is not regulating commerce, but effectively compelling all Americans to engage in a particular type of commerce. One might argue that authority to impose an employer mandate could be justified the by ICC, (much like the minimum wage) but certainly not an individual one.

If every American is required to buy health insurance, what would stop the Federal government from requiring Americans to purchase any number of other things, such as an HDTV, a cell phone, or some totally useless and very expensive widget available only from a company controlled by members of congress?

Some Rebublican ought to propose a law mandating that every American buy a gun, or a bust of Ronald Reagan, or a copy of the Constitution, or something else offensive to Liberals. When the the Liberals cry “You have no right to force us to buy that!”, the response would be, “Well you had no right to force us to buy health insurance, but you did it anyway.”


39 posted on 03/22/2010 8:03:42 AM PDT by Above My Pay Grade
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To: indianyogi
I think the minimum wage violates the First Amendment. Years ago, there was a radio station with volunteers working the board and doing various things. The labor dept called this activity illegal because the volunteers weren't being paid the minimum wage. The First Amendment guarantees freedom of association and I believe that the minimum wage laws violate this.
40 posted on 03/22/2010 8:04:27 AM PDT by Maurice Tift (You can't stop the signal, Mal. You can never stop the signal.)
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