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If Health Insurance Mandates Are Unconstitutional, Why Did the Founding Fathers Back Them?
The New Republic ^ | April 13, 2012 | Einer Elhauge

Posted on 04/14/2012 6:57:07 PM PDT by Kaslin

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To: Kaslin
Nevermind that nothing in the text or history of the Constitution’s Commerce Clause indicates that Congress cannot mandate commercial purchases.

You know you're in for a wild ride when the argument starts with, "Well, nothing in the Constitution says you can't do it!!"

41 posted on 04/14/2012 8:16:33 PM PDT by Tanniker Smith (I didn't know she was a liberal when I married her.)
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To: The Great RJ
The germ theory of disease wasn't current at the time either. A ship's doctor would cut off damaged limbs, bandage up cuts, give you dope to stop your pooping, give you other dope to help you poop.

He'd hold your hand while you passed kidney stones.

If you were lucky you'd have a Chinese physician ~ he had more dope and worked from a theory of how the body operated ~ all of them did bones.

42 posted on 04/14/2012 8:20:03 PM PDT by muawiyah
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To: Red Badger
Hospitals since ancient times ~ depending on general economic conditions they might separate those where you sent folks near death and those where you went for basic repair work.

Rich French noblemen would purchase or build facilities for those near death. One of my ancestors built one in the mid 1400s near Saumur. It's still standing. Today they use it as a church.

It was believed that building such a place would earn you a higher standing on Judgment Day.

43 posted on 04/14/2012 8:23:27 PM PDT by muawiyah
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To: Kaslin

OK, then let’s mandate every must buy, own, and maintain a Christian Bible of their choosing and a firearm with ammunition. They must muster with it after every church sermon on Sunday, of which they must attend, and shoot that firearm in qualification matches.

That’ll send the liberals even more batty than they are.


44 posted on 04/14/2012 8:26:11 PM PDT by CodeToad (I'm so right-wing if I lifted my left leg I'd go into a spin.)
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To: Kaslin

The problem is that a mandate is by far not the worst thing the marxists want to do. They didn’t even really want it. They want single-payer health care. And there is NO constitutional challenge available for that.

The courts are not the end of this problem by a longshot, and they will soon be a useless weapon in the fight. To stop this in the mid-to-long run, we either need to pass a constitutional amendment that would block this kind of government health care or hope that the marxists never again get as many elected officials in the government as they did in 2009-2010.


45 posted on 04/14/2012 8:26:40 PM PDT by JediJones (From the makers of Romney, Bloomberg/Schwarzenegger 2016. Because the GOP can never go too far left.)
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To: Lysandru
Oh, and let me add- the firearm purchase was not designed to regulate commerce— it was a national defense matter.

The draft was constitutional, right? Hard to think of a bigger mandate than that. It's basically slavery to the military. This firearm issue would seem to be analogous to the draft, but far less burdensome.

46 posted on 04/14/2012 8:29:28 PM PDT by JediJones (From the makers of Romney, Bloomberg/Schwarzenegger 2016. Because the GOP can never go too far left.)
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To: Kaslin

Looks like the Obamateur regime missed a chance to give the justices a history lesson. /sarc


47 posted on 04/14/2012 8:30:22 PM PDT by Mike Darancette (Romney just makes me tired all over.)
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To: Kaslin

Bump


48 posted on 04/14/2012 8:31:52 PM PDT by lowbridge (Rep. Dingell: "Its taken a long time.....to control the people.")
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To: D Rider
Good point. The "Health" insurance that began in the 1860's was what we would call Accident insurance today.

So you're saying bloodletting wasn't covered? Did the government have a "leech panel?"

49 posted on 04/14/2012 8:37:52 PM PDT by JediJones (From the makers of Romney, Bloomberg/Schwarzenegger 2016. Because the GOP can never go too far left.)
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To: muawiyah

There are only two places to stand on Judgement Day..........on the left or the right.........it’s gonna be mighty crowded on the left........


50 posted on 04/14/2012 8:39:56 PM PDT by Red Badger (Think logically. Act normally.................)
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To: Mike Darancette

“Teachable Moment” is the regime phrase.


51 posted on 04/14/2012 8:51:49 PM PDT by eyedigress ((zOld storm chaser from the west)/?)
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To: Kaslin

Did any of those imbeciles over at the New Republic ever take Constitutional Law?? Maybe from Obummer. They should read the 10th Amendment. functions not specified in that document are reserved for the States or the people. All they knew in those days was blood letting-—good grief!


52 posted on 04/14/2012 8:57:51 PM PDT by RightLady (Throw the Traitors out)
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To: Kaslin

BTTT


53 posted on 04/14/2012 9:16:45 PM PDT by scott7278 ("...I have not changed Congress and how it operates the way I would have liked..." - BHO)
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To: The Great RJ
'Again the concept of health insurance covering medications wasn't common until the 1970s'

Thus the problem. Insurance is the driving force of health prices. I can guarantee ya if there was no insurance, health care would be cheaper.

Just like students loans and grants. If we didn't have them, college would be cheaper.

Things are cheaper when ya gotta pay out of your own pocket.

54 posted on 04/14/2012 9:17:22 PM PDT by Theoria (Rush Limbaugh: Ron Paul sounds like an Islamic terrorist)
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To: Kaslin

These guys are idiots. Freedom to contract is a natural right that pre-exists the constitution. A contract requires willing parties. Coercion of a party voids the contract. How can the federal government coerce Americans into health insurance contracts and the contracts be binding? How about funeral insurance contracts? Life insurance contracts? Where will it end?


55 posted on 04/14/2012 9:17:40 PM PDT by Captain Jack Aubrey (There's not a moment to lose.)
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To: Kaslin

This seems to have come fully formed in the last week or so. I’ve been looking via google for “george washington” plus “insurance” plus “seamen” prior to March 15, 2012 and find absolutely nothing.

You’d think that a Perry Mason “fact” like this would have existed at some point in the last two or three years and been brought up at the SC. I too call BS, and look forward to the inevitable debunking that it wasn’t actually a law, or it was in fact a directive by General (not President) George Washington, or something like that.


56 posted on 04/14/2012 9:32:01 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: max americana
I knew this article was full of Michelle Obama

don't lower yourself to Bill Maher's level

57 posted on 04/14/2012 9:34:22 PM PDT by terycarl (lurking, but well informed)
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To: gusopol3

Great link. The gun “mandate” is a militia issue allowable via other Constitutional means, the insurance “mandate” is a matter of foreign commerce allowable under other Constitutional means, and the per-head tax is just that, a tax.


58 posted on 04/14/2012 9:48:33 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: Kaslin
Purchasing mandates are the same as quartering mandates in that the citizen must bear undue expense at the dictate of the government.
59 posted on 04/14/2012 9:51:26 PM PDT by fella ("As it was before Noah, so shall it be again.")
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To: jiggyboy

Oops, I didn’t go back far enough. He wrote something like this back in January. Still, I find it odd that nobody brought it up at the SC — unless, as many have posted earlier, it isn’t really precedent and therefore would have been quickly shot down.


60 posted on 04/14/2012 9:56:09 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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