Visit the Archives for U.S. Politics Online -- U.S. Politics Online . net


Thread: Individual mandate is unconstitutional...

  1. #496
    Occam's Razor's Avatar
    Occam's Razor is offline Secretary of Defense
    Join Date
    Jan 2011
    Location
    North Carolina
    Posts
    2,637
    Rep Power
    0

    Re: Individual mandate is unconstitutional...

    Quote Originally Posted by JohnLocke View Post
    Occam's Razor, as a Libertarian, I reject the power to require car insurance. With that said I can tell you the prevailing argument. The argument is driving a car is a privilege that you are expected to pay for. However, life is not a privilege but a right and one cannot tax a right. Requiring someone to buy HC would be requiring a tax to live in America as a citizen.
    I see where you're coming from, but healthcare is a tricky situation with regard to access.

    It's relatively easy to meter out the right to drive. Requiring insurance to get a license is the first step, and having police apprehend people that are driving without insurance is another.

    With healthcare, the issue is that people will end up in the ER, receive services, and not pay up. That cost is pushed onto the rest of us.

    The only way that healthcare can consistently be treated as a privilege would be to involve armed guards at ERs who would demand proof of insurance or the funds necessary to get treatment before being served.

    Unless we went to that extent, it will continue to be treated as a right by providing services for free in the ER due to the Hippocratic Oath.

    Quote Originally Posted by JohnLocke View Post
    What is funny about this point is the Obama adminstration, for various legal reasons oscillated on the requirement to buy HC alternatively as a voluntary fee and as a tax. In fact, this alternate argument was used in a recent judges decision that it was unconstitutional.
    Having a public option would have been infinitely better than what Obamacare became...

  2. #497
    JohnLocke's Avatar
    JohnLocke is offline Vice President
    Join Date
    Mar 2010
    Location
    Aruba
    Posts
    6,477
    Rep Power
    0

    Re: Individual mandate is unconstitutional...

    Quote Originally Posted by Occam's Razor View Post
    I see where you're coming from, but healthcare is a tricky situation with regard to access.

    With healthcare, the issue is that people will end up in the ER, receive services, and not pay up. That cost is pushed onto the rest of us.
    Poppycock. Firms look to improve access to paying customers. The health care industry is no different. For those who cannot pay, there are charity free clinics, etc.

    The so-called public option is a tricky use of language to legalize what you say, the cost being pushed onto the rest of us. They only difference, besides the moral aspect of freedom, is the public option will dramatically increase demand.

    Are you familiar with the consequences of increasing demand as it pertains to The Law of Supply and Demand?
    "No free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue; and by a frequent recurrence to fundamental principles."
    -- Patrick Henry

  3. #498
    Occam's Razor's Avatar
    Occam's Razor is offline Secretary of Defense
    Join Date
    Jan 2011
    Location
    North Carolina
    Posts
    2,637
    Rep Power
    0

    Re: Individual mandate is unconstitutional...

    Quote Originally Posted by JohnLocke View Post
    Poppycock. Firms look to improve access to paying customers. The health care industry is no different. For those who cannot pay, there are charity free clinics, etc.

    The so-called public option is a tricky use of language to legalize what you say, the cost being pushed onto the rest of us. They only difference, besides the moral aspect of freedom, is the public option will dramatically increase demand.

    Are you familiar with the consequences of increasing demand as it pertains to The Law of Supply and Demand?
    Of course I'm familiar with that law. I have a B.A. in Economics.

    That being said, what I said wasn't poppycock. A large part of why our healthcare is as expensive as it is stems directly from non-paying customers. No amount of charity can cover all that.

    I know you would like to believe that charity can cover this, but it's no more logical to believe the market can fix everything than it is to believe the government can. Reality requires a balance of influence.

  4. #499
    Dick Martin's Avatar
    Dick Martin is offline Vice President
    Join Date
    Apr 2010
    Location
    Arkansas
    Posts
    6,732
    Rep Power
    0

    Re: Individual mandate is unconstitutional...

    Quote Originally Posted by Occam's Razor View Post
    Of course I'm familiar with that law. I have a B.A. in Economics.

    That being said, what I said wasn't poppycock. A large part of why our healthcare is as expensive as it is stems directly from non-paying customers. No amount of charity can cover all that.

    I know you would like to believe that charity can cover this, but it's no more logical to believe the market can fix everything than it is to believe the government can. Reality requires a balance of influence.
    Actually, its more malevolent than that. Innocent malevolence, but never the less, malevolence.

    Think of it this way.

    All of us, health professionals included, want their jobs to go well, the best of everything, and a reasonable standard of living. So, of course, they are always pushing for the latest and best toys from pills to instruments to machines. Given the choice, they will drive up costs by wanting the best for their patients. Certainly nothing evil or despicable in that environment, right? (Especially if I am the one needing treatment!)

    Then of course we have the insurance companies. They want the premiums to cover the costs from the health care folks, plus the costs of administering, sales, etc. Nothing wrong there either. On top of that, they want a little kicker for the owners. All is well in the world, everyone is happy.

    Then, here's the tricky part, where unintended malevolence creeps in. Its the old cost-plus problem. The only way that the health insurance company can get increases in profits is if the amounts paid out to the health industry go up. Guess what? The incentive suddenly becomes finding ways to accept claims which will increase the cost base for next year's premium adjustment. The target becomes finding the balance point of the highest premium increase that will be accepted by the employers without dumping health care as a payroll benefit. It would appear to me that the insurance companies have successfully turned the task in to an art.
    "There is no gain in arguing with a poo flinging monkey. While his
    gibbering and raucous cries of victory may seem obnoxious in your ears
    as you walk away, he will soon be quietly sitting behind his bars again
    and licking his own feces off his fingers as you carry on with your day."

  5. #500
    Occam's Razor's Avatar
    Occam's Razor is offline Secretary of Defense
    Join Date
    Jan 2011
    Location
    North Carolina
    Posts
    2,637
    Rep Power
    0

    Re: Individual mandate is unconstitutional...

    Quote Originally Posted by Dick Martin View Post
    Actually, its more malevolent than that. Innocent malevolence, but never the less, malevolence.

    Think of it this way.

    All of us, health professionals included, want their jobs to go well, the best of everything, and a reasonable standard of living. So, of course, they are always pushing for the latest and best toys from pills to instruments to machines. Given the choice, they will drive up costs by wanting the best for their patients. Certainly nothing evil or despicable in that environment, right? (Especially if I am the one needing treatment!)

    Then of course we have the insurance companies. They want the premiums to cover the costs from the health care folks, plus the costs of administering, sales, etc. Nothing wrong there either. On top of that, they want a little kicker for the owners. All is well in the world, everyone is happy.

    Then, here's the tricky part, where unintended malevolence creeps in. Its the old cost-plus problem. The only way that the health insurance company can get increases in profits is if the amounts paid out to the health industry go up. Guess what? The incentive suddenly becomes finding ways to accept claims which will increase the cost base for next year's premium adjustment. The target becomes finding the balance point of the highest premium increase that will be accepted by the employers without dumping health care as a payroll benefit. It would appear to me that the insurance companies have successfully turned the task in to an art.
    Good points... This is the central problem with a for-profit healthcare industry (and more specifically, for-profit insurance).

    The goal is less to keep people healthy and more to keep them paying.

  6. #501
    Moonglow's Avatar
    Moonglow is offline Secretary of Defense
    Join Date
    Jan 2010
    Location
    SW Mizzouri
    Posts
    2,361
    Rep Power
    0

    Re: Individual mandate is unconstitutional...

    Quote Originally Posted by JohnLocke View Post
    Poppycock. Firms look to improve access to paying customers. The health care industry is no different. For those who cannot pay, there are charity free clinics, etc.
    ever been to an intern developement medical traing facility(qwuack-shop)? just like going on sick-call in the Army, good luck getting what you needed when you walked in.

    The so-called public option is a tricky use of language to legalize what you say, the cost being pushed onto the rest of us. They only difference, besides the moral aspect of freedom, is the public option will dramatically increase demand.
    Morally? Then you shoud have no problem helping those in need.

    Are you familiar with the consequences of increasing demand as it pertains to The Law of Supply and Demand?
    yes, even if it is really price gouging when demand goes up inna free market that has no control.
    to live is to suffer-Fritz lang

  7. #502
    Dick Martin's Avatar
    Dick Martin is offline Vice President
    Join Date
    Apr 2010
    Location
    Arkansas
    Posts
    6,732
    Rep Power
    0

    Re: Individual mandate is unconstitutional...

    Quote Originally Posted by JohnLocke View Post
    ...They only difference, besides the moral aspect of freedom, is the public option will dramatically increase demand.

    Are you familiar with the consequences of increasing demand as it pertains to The Law of Supply and Demand?
    The whole point is that demand will not increase. In fact, over time it will decrease.

    What you really mean is that finally recognizing the real level of demand would occur, and that you are against that. It is is so much easier/cheaper to ignore the real demand and just mark that off to the greedy wishes of the poor.
    "There is no gain in arguing with a poo flinging monkey. While his
    gibbering and raucous cries of victory may seem obnoxious in your ears
    as you walk away, he will soon be quietly sitting behind his bars again
    and licking his own feces off his fingers as you carry on with your day."

  8. #503
    dblack's Avatar
    dblack is offline Secretary of Defense
    Join Date
    Jun 2009
    Location
    Philadelphia PA
    Posts
    3,481
    Blog Entries
    1
    Rep Power
    0

    Re: Individual mandate is unconstitutional...

    Quote Originally Posted by Dick Martin View Post
    The whole point is that demand will not increase. In fact, over time it will decrease.

    What you really mean is that finally recognizing the real level of demand would occur, and that you are against that. It is is so much easier/cheaper to ignore the real demand and just mark that off to the greedy wishes of the poor.
    The problem is, without some kind of limiting factor the demand for health care is infinite. If you remove ability to pay as a limiting factor, demand will skyrocket. To avoid further accelerating price inflation it will be necessary to limit it in some other way - either through direct price controls, or something akin to the apocryphal "death panels".
    "The human race divides politically into those who want people to be controlled and those who have no such desire. The former are idealists acting from highest motives for the greatest good of the greatest number. The latter are surly curmudgeons, suspicious and lacking in altruism. But they are more comfortable neighbors than the other sort." -- Robert E. Heinlein

  9. #504
    JohnLocke's Avatar
    JohnLocke is offline Vice President
    Join Date
    Mar 2010
    Location
    Aruba
    Posts
    6,477
    Rep Power
    0

    Re: Individual mandate is unconstitutional...

    Quote Originally Posted by Dick Martin View Post
    The whole point is that demand will not increase. In fact, over time it will decrease.
    You failed the proper application of The Law of Supply and Demand to this.
    "No free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue; and by a frequent recurrence to fundamental principles."
    -- Patrick Henry

  10. #505
    Dick Martin's Avatar
    Dick Martin is offline Vice President
    Join Date
    Apr 2010
    Location
    Arkansas
    Posts
    6,732
    Rep Power
    0

    Re: Individual mandate is unconstitutional...

    Quote Originally Posted by JohnLocke View Post
    You failed the proper application of The Law of Supply and Demand to this.
    How so? There is pent up demand, but the demand exists and won't change much. I don't see as the supply will change dramatically either.

    So, I totally miss your point.

    Unless you are saying there is something virtuous for America by stomping on the poor?
    "There is no gain in arguing with a poo flinging monkey. While his
    gibbering and raucous cries of victory may seem obnoxious in your ears
    as you walk away, he will soon be quietly sitting behind his bars again
    and licking his own feces off his fingers as you carry on with your day."

  11. #506
    adaher is offline President
    Join Date
    Jun 2002
    Location
    Margate, FL
    Posts
    15,761
    Rep Power
    0

    Re: Individual mandate is unconstitutional...

    Quote Originally Posted by Occam's Razor View Post
    States might be sovereign to a degree, but it often takes federal intervention to right many wrongs by states (like ending segregation, for example).
    That's because the Bill of Rights applies to the states. However, limits on Congressional power only apply to Congress. State legislatures have their own limits, sometimes looser, sometimes more stringent.

    Congress simply does not have the power to compel us to buy health insurance. Or at the very least, this is a new assertion of their commerce power that the courts must approve.

  12. #507
    Dick Martin's Avatar
    Dick Martin is offline Vice President
    Join Date
    Apr 2010
    Location
    Arkansas
    Posts
    6,732
    Rep Power
    0

    Re: Individual mandate is unconstitutional...

    Quote Originally Posted by adaher View Post
    That's because the Bill of Rights applies to the states. However, limits on Congressional power only apply to Congress. State legislatures have their own limits, sometimes looser, sometimes more stringent.

    Congress simply does not have the power to compel us to buy health insurance. Or at the very least, this is a new assertion of their commerce power that the courts must approve.
    I see and read this comment with some regularity. Here is my question: If the mandate to buy insurance were to go away, is the rest of the Health Care Act close enough to a starting position for you to be in favor of it?
    "There is no gain in arguing with a poo flinging monkey. While his
    gibbering and raucous cries of victory may seem obnoxious in your ears
    as you walk away, he will soon be quietly sitting behind his bars again
    and licking his own feces off his fingers as you carry on with your day."

  13. #508
    Guardiands is offline City Council Member
    Join Date
    Jan 2011
    Location
    Utah
    Posts
    179
    Rep Power
    0

    Re: Individual mandate is unconstitutional...

    Having a public option would have been infinitely better than what Obamacare became...
    So true. Somehow we went from having a realistic healthcare option in this country, to being forced to pay corporations. American politics as usual.

  14. #509
    adaher is offline President
    Join Date
    Jun 2002
    Location
    Margate, FL
    Posts
    15,761
    Rep Power
    0

    Re: Individual mandate is unconstitutional...

    Quote Originally Posted by Dick Martin View Post
    I see and read this comment with some regularity. Here is my question: If the mandate to buy insurance were to go away, is the rest of the Health Care Act close enough to a starting position for you to be in favor of it?
    Some of it is, some of it isn't. They also need to ditch the insurance mandates making certain cheap, routine things free. That adds to the cost of insurance and contributes to overutilization of health care resources. Let consumers decide when to consume health care. Insurance should cover things consumers can't cover themselves.

    The subsidies are also unnecessary. Rather than pay people to buy private insurance, people who can't afford it should be on Medicaid. Yes, it's more "socialist", but it's also cheaper.

    So cut Medicare, plug the money into Medicaid, and you've covered 99% of the people who want coverage.

  15. #510
    Dick Martin's Avatar
    Dick Martin is offline Vice President
    Join Date
    Apr 2010
    Location
    Arkansas
    Posts
    6,732
    Rep Power
    0

    Re: Individual mandate is unconstitutional...

    Quote Originally Posted by adaher View Post
    Some of it is, some of it isn't. They also need to ditch the insurance mandates making certain cheap, routine things free. That adds to the cost of insurance and contributes to overutilization of health care resources. Let consumers decide when to consume health care. Insurance should cover things consumers can't cover themselves.

    The subsidies are also unnecessary. Rather than pay people to buy private insurance, people who can't afford it should be on Medicaid. Yes, it's more "socialist", but it's also cheaper.

    So cut Medicare, plug the money into Medicaid, and you've covered 99% of the people who want coverage.
    Denying basic inexpensive health coverages will, in some way, lower costs? I am not sure I follow that reasoning.
    "There is no gain in arguing with a poo flinging monkey. While his
    gibbering and raucous cries of victory may seem obnoxious in your ears
    as you walk away, he will soon be quietly sitting behind his bars again
    and licking his own feces off his fingers as you carry on with your day."

Similar Threads

  1. Is Our Congress a path to individual wealth ??wa
    By skeptic1 in forum Economic Issues
    Replies: 8
    Last Post: 09-19-2011, 09:22 AM
  2. Individual Differences
    By Sunshine in forum Just for Fun!
    Replies: 6
    Last Post: 01-03-2011, 06:50 AM
  3. Individual Sovereignty: A Question of Ethics
    By Tom Palven in forum Humanities Issues
    Replies: 50
    Last Post: 10-09-2010, 02:40 AM
  4. Statist Collectives vs Individual Liberty
    By Tom Palven in forum Humanities Issues
    Replies: 37
    Last Post: 08-23-2010, 06:13 PM
  5. Watered down healthcare bill with no individual mandate?
    By Invisible-Bob in forum Health Care
    Replies: 10
    Last Post: 01-22-2010, 10:05 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •