Tuesday, September 29, 2009

Health Insurance Mandate Unconstitutional

Constitutional experts think that Obama's planned individual health insurance mandate is unconstitutional:

The requirement that everyone buy health insurance -- a central element to President Obama's health care plan -- is flatly unconstitutional, legal experts argue.
"The government has never required people to buy any good or service, as condition of lawful residence in the United States"

via Fox News, article by Jim Angie

35 comments:

4ofusinNC said...

I, for one, would be willing to spend much time in court in order to remain free of health insurance. Our family has, for many years now, simply paid our own medical expenses. We would like to STAY THAT WAY.

P said...

This mandate provision (which is in the House Bill as well) is so blatantly unconstitutional, that it would surprise me to see it pass the Supreme Court. What this does is effectively override the 13th, 14th and 15th amendments against indentured servitude and blatant slavery. Notice however that the Insurance industry is the one driving that fact. They stand to gain billions from such a provision. So much for the concept that the big companies are being punished by democrats. This bill is a gimmie to them.

Michael Rack, MD said...

Thanks for your comments, 4ofusinNC and P.
P: I agree that the mandate provision is blatantly constitutional. However Obama has already started packing the lower Federal Courts. By the time the health care reform bill takes effect (I think I heard 2013 is when most of the provisions take effect) and a challenge winds it way through the court system, I am afraid there will probably be several more Obama appointees on the Supreme Court.

Mark said...

Obama's Health Care plan is un-constitutional in a number of places.

Putting a penalty on your income tax return for not buying Health Insurance? Your Tax is based on your income. (Amendment 16)You can't imposed an additional tax on something that you don't buy. (Excise tax is a tax on a commodity, Health care is not a commodity, it's not even a thing.) What if the government says you have to buy a new car every 6 years or pay a penalty on your tax return? What's next?

Anonymous said...

They already have a mandate for car insurance witch is the same thing. That is Unconstitutional

Hendricks said...

You can't say that its the same as car insurance, because you can opt not to own and drive a vehicle. How you can opt not to live? This mandate is ridiculous.

Anonymous said...

okay well if its not like auto insurance, this mandate is (according to the CBO) best compared to the military draft. Sure, both carry negative connotations but, however, i feel like the system America has today is clearly not working. one in four americans remain uninsured and, thus, cannot afford to pay for their treatment which only makes health care costs go higher. Furthermore, getting everyone to join the insurance pool will best allow for health care reform. Thus, the mandate is probably the best thing possible right now...

Varsha Pawar said...

Some individuals usually do not have to be anxious about forking over for their own health care bills or about choosing insurance simply because they stay in nations where their particular governing bodies consider care of these folks. However, for the majority of people, we are much better off planning into a health and fitness insurance coverage plan, such as a group health insurance plan. But how do you get into a particular of most of these plans as well as what are they?

A group health policy is possibly not for individuals or individual people. It is ordered by bosses who desire to provide their precious workers with health insurance coverage. For employee to select into the corporation health insurance plan, the person ought to work a specific amount of time frame each week or more.

All insurance policy plans are totally different. They will are provided at different expenses and will include numerous types of factors. To find out what your insurance specifics are, you will require to question your company about your insurance policy, so you can discover out how it will work.

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