Wouldn’t the term on the Health Care bill making people have insurance if not pay a fine unconstitutional?

In: Health Insurance

5 Jun 2010




Liberals bring up the argument of having car insurance, but it’s flawed because car insurance is to allow people to drive a car, which is a privilege, one doesn’t have to drive if they don’t want to and they don’t have to have car insurance if they don’t own a car.

So isn’t forcing someone to have health insurance or face being fined $750 or 2% of your income unconstitutional even if the person doesn’t want health insurance. I see a lot of lawsuits in the future because of this provision.





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10 Responses to Wouldn’t the term on the Health Care bill making people have insurance if not pay a fine unconstitutional?

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Bert

June 5th, 2010 at 8:05 pm

It is, and if passed, will be deemed unconstitutional in a Supreme Court trial…but I don’t think it’ll even pass.

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John

June 5th, 2010 at 8:51 pm

Yes it is unconstitutional. So is “No Child Left Behind” and the Federal Income Tax. If they pass it, you pay it. What else are you gonna do? That’s why we have to fight it now.

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how_would_I_know

June 5th, 2010 at 9:33 pm

There are already suits being prepared. There is nothing in the constitution that grants the federal government the power to require purchasing something as a criteria for residence.

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Ted Kennedy's Car

June 5th, 2010 at 10:27 pm

The hilarious part of all this, this is headed to the Supreme Court – and we Conservatives control the Court, so we’ll have the last laugh

and he who laughs last, laughs the loudest !

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Jeff H

June 5th, 2010 at 11:00 pm

Yes it is not right to force insurance on people. But to expand on your car insurance issue, the reason you are required to have insurance is to cover injuries you may cause someone if you cause an accident – full coverage is to protect the bank so their property is paid for if you total the car – none of which is to protect the person that caused the accident, so this argument is absurd.

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Yungoe I

June 5th, 2010 at 11:17 pm

Yes it is unconstitutional. No where in the constitution is the government given the authority to order the people to purchase anything. Also the car insurance comparison is a fallacy for the reasons you point out AND because the requirement to buy car insurance is not a FEDERAL requirement. It is required by the states at the state level.

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vote_usa_first

June 5th, 2010 at 11:59 pm

Yes it is clearly unconstitutional.

There is nothing in the constitution giving congress the authority to REQUIRE americans to buy a product. Anyone who claims there is, feel free to post it.

Its simply not one of the 17 powers.

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Bob G...The return of

June 6th, 2010 at 12:28 am

I think so. But I also think that is why they are calling it a tax assessment rather than a fine. Subterfuge! It has worked in other places and at other times. I think Pelosi got the idea from California where instead of additional taxes, which had been voted down by the taxpayer, they came up with an assessment called Mello-Roos which basically were added to property taxes. In the year 1999 my Mello-Roos assessment was essentially equal to my property taxes, both of which were added to my mortgage. It was something of a clever scam because they were hitting us for hundreds of dollars more per month while claiming property taxes hadn’t changed.

Its another example of how the government gets around the will of the people and why one of the prominent reasons I moved out of California.

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Sahara

June 6th, 2010 at 1:19 am

How much do we pay now for health insurance? I think it’s a lot more than 2% of our income.

What if you are injured – you want the right to refuse care? What if you are unconscious?

It’s not exactly like car insurance. We all have bodies. We all need health care to continue living. If you were to get a serious disease or illness like cancer. You don’t want treatment at all? You will manage through the pain on your own somehow?

I don’t like the mandate but it’s not the worse thing. Many things are mandated like social security, education, medicare, etc. It’s not like you aren’t getting anything in return.

I hate that we are in this situation b/c of sheer greed and stupidity. Individualism. It allowed corporations to ship jobs overseas while getting a tax break.

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whtennisfan115

June 6th, 2010 at 1:35 am

You have two choices here alright? Either you make sure everyone is paying into insurance using premiums or “fines…

OR

You give hospitals the right to refuse care for people that can’t immediately demonstrate the ability to pay for it. So next time you go riding your bike without your wallet, and accidentally get hit by a car or fall and get knocked unconscious, the hospital will say “We can help this person, but since they don’t have an insurance card with them, Umm… sorry” and then you are screwed.

If you don’t want car insurance, don’t drive a car on the public roads. Walk or ride your bike or take a bus.

If you don’t want medical insurance then you either;

1. Somehow proimse that you will not seek any medical care that you can’t pay for.

or

2. Accept that you will be refused care that you can’t demonstrate the ability to pay for…

Or you can just get medical insurance/pay the fine, and then live happily knowing that if you get messed up, you will be saved even if you’re too badly injured to ask for it.

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