A Message from Tom: The "Individual Mandate" Debate
Tom O'Neill | Sunday, February 20, 2011 at 10:54PM 
Hello AMSA,
I'm sure many of you have heard that the Patient Protection and Affordable Care Act (the health care reform law) is being challenged in courts.
At the heart of this challenge is the constitutionality of the "individual mandate," which will require all Americans to buy health insurance or pay a penalty. Below is a summary of what is being debated in our courts regarding the PPACA: Statement of Judiciary Committee Chairman Lamar Smith Hearing on the “Constitutionality of the Individual Mandate” Chairman Smith: As the Framers of the Constitution understood,Congress has an independent duty to examine the constitutionality of the legislation it considers.
Ideally, we should assess the constitutionality of legislation before it becomes law. However, given the unprecedented nature of the health care law’s individual mandate, it is important that we examine its constitutionality even though it has already been enacted.
The individual mandate—which requires all Americans to purchase health insurance—is the foundation of the new health care law. It is also unprecedented.
Twenty-seven states are now challenging the constitutionality of the health care law. Two federal district court judges have ruled that the individual mandate is unconstitutional; two have determined that it is not. Ultimately, it will be decided by the Supreme Court.
The individual mandate requires Americans to purchase health insurance from a private company. It does not matter whether they want health insurance or can even afford it. Under this law, Americans must either obtain insurance or pay a penalty.
But the Constitution, which creates a federal government of limited, enumerated powers, does not necessarily allow Congress to require individuals to purchase any good or service, including health insurance.
As Judge Vinson observed in his opinion in the Florida case declaring the health care law unconstitutional:
“It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate . . . imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place.”
The Obama administration argues that the individual mandate is either a law that is necessary and proper for the regulation of interstate commerce or, alternatively, that the mandate is constitutional because it is a tax. The Administration’s arguments are supported by neither the original meaning of the Constitution nor Supreme Court precedent.
The Constitution gives Congress the authority to regulate economic activity, which includes everything from growing wheat to managing a restaurant to running a Fortune 500 company. But the current health care law wrongly assumes that Congress can also regulate economic inactivity. Neither the Constitution nor the Supreme Court have ever given Congress that authority.
There is a difference between regulating economic activity that is ongoing and forcing Americans to engage in an economic activity, in this case purchasing health insurance.
Part of a free society means the freedom to choose not do something. Never before in America’s history has Congress required people to purchase a good or service simply because they live in the United States, until now.
If the Commerce Clause allowed Congress to regulate inactivity, Congress could force Americans to buy anything that might conceivably affect commerce in some way.
If the housing sector was struggling, Congress could force renters to purchase a house. If the auto industry was on the verge of collapse, Congress could force individuals who take public transportation to purchase a car. Or, if falling citrus prices were driving farmers into bankruptcy, Congress could force consumers to purchase oranges.
The Administration asserts that the decision not to purchase health insurance is unique, because if Americans don’t purchase health insurance the cost of their health care is shifted to the government. But the same can be said of every other type of insurance that people choose not to purchase.
There is no end to the number of commercial transactions Americans could be forced into if the Commerce Clause were as broad as the Obama administration argues.
Because the Administration’s Commerce Clause argument is without legal precedent, the Administration has argued that the individual mandate is authorized by Congress’s power to tax. This argument, however, is an unpersuasive, revisionist justification for the mandate that was not raised until the mandate was challenged in court.
The health care law explicitly calls the penalty imposed on those who fail to purchase insurance a “penalty”—not a tax. As President Obama stated, the mandate is “absolutely not a tax” and “nobody considers [it] a tax increase.”
Additionally, the mandate’s penalty is not listed with the provisions of the health care law intended to raise revenue for the government. And the IRS is prohibited from seeking the same types of punishment for failure to pay the penalty as it does for failure to pay taxes.
The arguments in favor of the constitutionality of the individual mandate are unconvincing and, if accepted, would give the federal government almost unlimited power over Americans’ lives.
In my opinion, the individual mandate is both unprecedented and unconstitutional. We should question any law that appears to violate the Constitution and common sense.
Reader Comments (8)
Yes. Supply store that is sent to the store, not war also, but to call out when there is fear of store issue Xiongshou get it working, so the fairy did not bring that thing running too fast, so the north face back give storestore come. "north face clearance " Never mind, there are like a fine. "I heard that can pick up a white beasts the north face music Zuidou shape. just electrical problems although the bird fly out of the north face is embarrassed, but also from the side that the Xiongshou powerful. fairies that to compensate for the north face as a total bad even weaker than this, right? Moreover, Lilith has just absorbed the power of fly genes, the north face to be sure a lot of good attributes. This is really earned.
Referring to one pair of sneakers, we have to think over their capacity. It is no exaggeration to say that cool grey 11 is the most suitable for wearing casually and playing basketball, jordan 11 cool grey were eventually released in 2001 and re-retro'd in 2009 with the nickname "jordan space jams". Another version of the XI's were released on December 23, 2010 called the "jordan cool grey".the jordan cool grey 11 has very strong ground control. which is also one of the best capacity with perfectly understandable. If every pair of shoes has its own soul, undoubtedly, the jordan 11 concord is the most respect ones for me. jordan retro 11 was released in 2010 and had patent leather. which appeared in the playoffs firstly in early 1994. At that time, there are two version of this pair, one of which is the black / white color way, and we called it Jordan 11 Space Jam for being worn by Jordan playing movie.
Artist cheap replica prada handbags are only for perfection along with high quality.As the Online world has been utilized by simply fake goyard bags producers to advertise their own replica gucci hobo handbags, and it has possibly presented all of them a sense of authenticity, their gifts it is susceptible to confiscation.In addition to the lawful together with honourable issues met by a replica gucci messenger bags vendor, there's even a sensitive home business concern.
the north face the truth of the tower standing outside the gate looked up the tall tower of truth, and then said: "The Russian people that support the hidden elite troops still unaccounted for, the north face must find a way to figure out the force north face jackets on sale whereabouts ... " "Understand. Store to the north face of the door were the task to help fight the truth, right?", While gold went to ask the truth of the first side of the gate tower, and then shoved a pile of hand. "Then so what? The north face they go inside ... " With Jin Minhua, driven out of the tower of truth that Road Qi tore superfluous? Half a meter thick copper door finally opened a slowly through the slits for people. The north face really red and they are two together through the past, then the door will shut automatically and slowly up.
Released in the mid-four fashion designers for their multi-family has paid off, that is to be hot among the top 10 among brand Marc Jacobs top. Whom the consent of the credit for this honor, and non-Marc Jacobs Handbags and Marc Jacobs bags perfectly. In addition, its decks Marc by Marc Jacobs also attracted high attention. Many of them young people, the most popular Marc by Marc Jacobs Handbags and Marc by Marc Jacobs Bags.
The Jordan Retro Shoes are dedicated to Cheap Jordan Shoes, the man that changed the game and the shoes that bear his name. Not everyone remembers this little bit of information but back in the early 1980's air max shoes was a company that was struggling just to get by each
year. not only was UGG Bootsthe most popular NBA basketball player in the world but he also had his own shoe which not only was very popular but it was a very sturdy The Jordan Retro 11 Shoes that was built to last.
Authentic discount mac cosmetics at mac cosmetics outlet. There are many mac cosmetics wholesale, such as mac brushes set, mac eyeshadows.
There are many new oakley sunglasses cheap online, high quality fake oakley sunglasses at wholesale price. All 2012 style oakley sunglasses sale for you now.