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"Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market," Hudson wrote. "In doing so, enactment of the [individual mandate] exceeds the Commerce Clause powers vested in Congress under Article I [of the Constitution.]"If insurance is at a reasonible price i think anyone should have insurance. I wouldnt want to be without insurance with the sickness i have had the last several years.
January 17 2011 at 11:10 PM Report abuse Permalink rate up rate down ReplyThis plan relies heavily on the revenue derived from mandatory insurance payments. If this portion is eliminated the system should be about as financially sound as social security, public pensions, medicare, Amtrak and almost every commuter system in the country. In other words, broken from day one.
December 20 2010 at 2:21 PM Report abuse Permalink rate up rate down ReplySame problem with Social Security. We are forced to buy in to the governments retirement plan.
December 19 2010 at 8:39 PM Report abuse Permalink rate up rate down ReplyIt's too bad no one's discussing or feels informed enough to discuss the actual Constitutional question before Judge Hudson. (We'd hope our media would help inform us here.) Here's the summary: The administration argued that if you, an individual, don't buy their gov't-mandated insurance policy, you're interfering with commerce between the States. Since Congress has the constitutional power to regulate interstate commerce, they reason, Congress can force you to buy whatever insurance they want. The counterpoint is that Congress' power to regulate interstate commerce in no way permits Congress to demand that you buy things you don't want, or force you to enter into commerce--that creates an all-powerful unlimited government that can make you do anything. For example, the administration's position is that Congress can demand that you buy their insurance. They could also order you to buy a GM car. The administration's argument could justify a future Congress (and President Palin) ordering you do anything they want, really. Congress could order you to buy tomatoes, or raise and sell them or be fined. So, that's the summary. (Too bad we can't format these comments--sorry for the one giant paragraph.)
December 18 2010 at 7:23 PM Report abuse Permalink +3 rate up rate down ReplyIn my county we have a tax funded ambulance service and a tax funded county hospital. You can call for an ambulance to take you to the hospital for a hangnail and they cannot refuse to take you and the hospital cannot refuse to treat you and if you demand you are in pain they have to give you meds. Then for your ride home they can pay county transit $1.00. This system is broken because the freeloaders play this system for all its worth. 75% of the calls are for non emergency but keep this system straped and over budgit. How do you cure this.
December 16 2010 at 12:42 PM Report abuse Permalink +2 rate up rate down ReplyBy the constution we have the right to buy insurance any where we want also we can buy drugs anywhere we want to if you are going to use the constution then use it all the way not just to satisy a few
December 15 2010 at 8:46 PM Report abuse Permalink rate up rate down ReplyIf this law is found unconstutional it will open up a whole new can of worms . L ike the law on driverlicens , taxes ,which is unconstutinol already
December 15 2010 at 8:41 PM Report abuse Permalink -2 rate up rate down ReplyGood health care is going to be prohibitively expensive for many Americans, no matter what anyone in the White House says. If everyone was forced to buy the exact same health care (each and every citizen at every income level in every occupation in every state, sort of like each and every citizen has to pay a payroll tax), then fine. But my problem is that each and every citizen will not have access, no matter what, to the same health care. As a citizen, for example, of Texas, why should I be forced to buy insurance in the state of Texas that isn't as good as insurance, for example, in Oklahoma?
December 15 2010 at 4:20 PM Report abuse Permalink +3 rate up rate down ReplyHow bad would it be if we teenagers waited until they had careers to get married, then waited until they had the resources to take care of a family before they got pregnant? How bad would it be if everyone's taxes were lower because the extended family, churches and private charity stepped in for unplanned emergencies?
It worked from the Caveman's day until Marx, Lenin, Stalin, Hitler, Mussolini, Chairman Mow, Pol Pot, Wilson, FDR, Johnson, Bush and Obama decided they could take better care of us than we can ourselves.
Joe: I hear you, but, while hospital no-pays drive everyones costs up, the reason you pay $4 is to cover the actual cost. That includes the cost to order, inventory, stock, and administer. If a nurse ($45 an hr. + benefits = $65 an hr.) puts it on ...there's your $4. Without no-pays it might be $3.50, but no less. Can't compare auto ins. 1st, that's a state mandate & states have much broader statutory power than the fed. constitution. 2nd, driving is a privelege. The judge ruled, and I believe rightly so, that the commerce clause doesn't apply. 1st, the clause was intended (read James Madison, the author) to prevent stat from imposing tarrifs on imports from other states. Don't forget, states were then like individual countries. The judge also noted that: 1. Intrastate commerce (commerce clause) is NOT in play, since many states do not allow you to purchase health ins. out-of-state. 2. The failure to purchase something is NOT commerce. This will go to the Supreme Court - it will be a 5-4 decision. ....unfortunately, along party lines.
December 14 2010 at 4:50 PM Report abuse Permalink +4 rate up rate down ReplyFollow Politics Daily
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