Hot Air Blog Archive Can Congress force me to buy health insurance?

The above link outlines pretty well why it may be unconstitutional for congress to mandate health insurance. If anyone else has other links please provide them.

Remember it's not over 'till the fat lady sings ! "USSC"

Where is it prohibited that the government can lawfully tax the inhabitants to provide National Health Insurance and a law structured that will provide for the implementation and maintenance of such ?

Section 8 Item 1 and Item 18

Item1..."Provide for the common Defence and General Welfare of the United States"

Item 18..Write such law as needed to implement the program.

The power is there. IMO only the vote is in question.

I think the Constitution's prohibition on Bills of Attainder makes punishing people for not buying insurance impossible constitutionally. Nonetheless, I wouldn't count on Congress', the President's, or the Supreme's oaths of office to uphold the Constitution as any reliable indication they will.

Then is it unconstitutional for states to mandate automobile insurance?

__________________

Not if you read the 9th and 10th Amendments. Private ownership of automobiles is a right, driving on the highway is a restricted right, just like drinking or smoking or fishing or hunting or a million other rights.

Provide for the common Defence and General Welfare of the United States

The general Welfare of the United States is it's common Defence. At least according to the folks who wrote the Constitution. This matter was clearly explored and explained with the Federalist Papers.

Depends on the state's constitution. It would be at the federal level.

So, pretty much any damned thing they can get a vote on is consitutional?

Why do we even have a constitution then?

Could you give an example?

__________________

Example of what? Not sure what you mean.

I think the whole discussion on constitutionality is moot. After decades of Supremes, Congresses, and Presidents ignoring the Constitution, why do any of us insist it's the "law of the land"? Clinton proved we're not ruled by laws, just politics.

An example of language in a state constitution that would make it OK for a state of mandate auto insurance and an example of language in a state constitution that would make it NOT OK for a state to mandate auto insurance.

__________________

Ah.. I see.

No. I can't.

I don't know much about the various state constitutions. But the 10th amendment makes it clear that states can do things the federal government can't. I was just making the point that it's possible a state constitution might authorize mandates. It's also possible none of them do and there there are a lot of unconstitutional laws on the books.

But there's no provision of the federal constitution that authorizes anything like this, unless you subscribe to the "anything goes" intepretations of the general welfare clause or the commerce clause, in which case the concept of "unconstitutional" becomes a moot point.

Point...

Point...