[Kaslin]

There was no room for a barf alert in the title.

Notice that the author did not provide any proof about a law being passed in 1790 making it a mandate that Shipowners had to provide health insurance for their sailors. Like a typical liberal he pulled the lie out of his derriere and expects others to buy the lie hook line and sinker

[darkwing104]

When will these losers realizes that this gig is up. They lost.

Then again a reality check for liberals often requires a 2X4 to their head...repeat if necessary.

[Lysandru]

O.K., so let’s pass a law again mandating that EVERY adult citizen not convicted of a felony buy a firearm (not just men, right?). Let’s see if this liberal pussy is in favor of that.

[doc1019]

My BS meter peg so hard it broke ...

[C. Edmund Wright]

Medical insurance around in 1790? Who knew?

[donmeaker]

My understanding is that such a mandate was law.

Still, sailors were already involved in commerce. There was no requirement for people to be come sailors, so that their commerce could be regulated.

[sayfer bullets]

Tantalus...

[gusopol3]

This blog does a nice job of refuting:

http://fosterfriess.com/campfire-blog/2012/04/14/founding-fathers-did-not-back-health-insurance-mandates/

[mnehring]

The two ‘insurance’ laws were actually requirements that ships keep doctors and provide service to the crew. This is because all ships were involved to some degree in the Barbary war but could also be conscripted into the service of the States and thus were considered a potential military naval asset.

The requirement of owning a gun was a wartime law establishing a militia.

Neither of these laws are even close to the ‘mandate’ of health insurance. Both were part of national defense issues, not commerce.

[YHAOS]

“nothing in the text or history of the Constitution’s Commerce Clause indicates that Congress cannot mandate commercial purchases.”

Surely Elhauge is sufficiently educated to know that what the Constitution permits is explicit or clearly implied in the document’s language, and that what is left out is explicitly prohibited.

Why, then, his coyness?

We must think it is because he wishes government to be given powers which it has no right to assert.

[Meet the New Boss]

Utter nonsense.

Courts have long confirmed that Congress has the general power to determine United States maritime law. The power of Congress to pass laws relating to seaman or other matters relating to maritime jurisdition is not dependent on the interstate commerce clause. Even so, shipping on the high seas can be covered under the foreign or interstate commerce clause by the very nature of the activity.

Congress has explicit power over the organizing and arming of the militia under the Constitution.

These examples the author cites have no legal relevance to the question of the constitutionality of ObamaCare under the interstate commerce clause.

[Not A Snowbird]

Wow. I don’t even know where to start with this one.

[JohnRand]

So, if you own a car, you must carry insurance. And if you own a commercial boat you must carry insurance? Obama’s law requires that you carry health insurance if your heart beats. This guys argument doesn’t apply. Really though, I believe this is only more evidence that liberals try to find any reason to talk about seamen and poop decks...

[Joe 6-pack]

These mandates are not for the employees, but for the employers...and in that regard are more akin to workers comp insurance than regular health insurance. As such, it sounds more like the current U.S. Federal Longshore and Harbor Workers’ Compensation Act (USL&H), which requires employers to provide coverage for employees on navigable waterways that wouldn't fall under the worker's comp jurisdiction of a specific state.

[Tzimisce]

These people had the country handed to them I guess we should expect condescention....

[The Great RJ]

The obvious lie is that the concept of health insurance was not created until the 1930s. In 1798 there really weren't any hospitals in the modern context and drugs were often compounded by the physician or an apothecary for the physician. Again the concept of health insurance covering medications wasn't common until the 1970s.

[Idaho_Cowboy]

Let’s see:
Ships= Commerce
Breathing= Not Commerce

Simple.

[D Rider]

First of all, ships carried thier own doctors, for obvious economic reasons. You lose the crew, you lose the ship.

Health insurance began in the US during the civil war, and didn't become widely used till the second world war.

[GeronL]

Is this a parody?

It is so hard to tell these days

[princeofdarkness]

This is called the “grasping at straws” approach for liberal arguments.

The stupid is strong with this idiot.

[central_va]

First congress legislation:

Session 1

1. June 1, 1789: An act to regulate the time and manner of administering certain oaths, ch. 1, 1 Stat. 23
2. July 4, 1789: Hamilton Tariff, ch. 2, 1 Stat. 24
3. July 27, 1789: United States Department of State, was established, originally named the Department of Foreign Affairs, ch. 4, 1 Stat. 28.
4. July 31, 1789. Regulation of the Collection of Duties on Tonnage and Merchandise, ch.5, 1 Stat. 29.
5. August 7, 1789: Department of War was established, ch. 7, 1 Stat. 49.
6. September 2, 1789: United States Department of the Treasury was established, ch. 12, 1 Stat. 65
7. September 24, 1789: Judiciary Act of 1789, ch. 20, which created: § 1: Supreme Court, 1 Stat. 73 § 3: District courts, 1 Stat. 73 § 4: Circuit courts, 1 Stat. 73 § 35: District attorneys, 1 Stat. 92 and Attorney General, 1 Stat. 93

]Session 2

1. March 1, 1790: Made provisions for the first Census, ch. 2, 1 Stat. 101
2. March 26, 1790: Naturalization Act of 1790, ch. 3, 1 Stat. 103
3. April 10, 1790: Patent Act of 1790, ch. 7, 1 Stat. 109
4. May 31, 1790: Copyright Act of 1790, ch. 15, 1 Stat. 124
5. July 6, 1790: Residence Act, ch. 28, 1 Stat. 130, established Washington, D.C. as the seat of government of the United States.
6. July 22, 1790: Indian Intercourse Act of 1790, ch. 33, 1 Stat. 137, regulated commerce with the Indian tribes.

Session 3

1. February 25, 1791: First Bank of the United States, ch. 10, 1 Stat. 191
2. March 3, 1791: Whiskey Act, ch. 15, 1 Stat. 199, which triggered the Whiskey Rebellion