Health Care Bill Constitutionality?

Just to clear up the first point, for the majority of people, going without a car isn't an option. I don't spend a good chunk of my income purchasing, insuring, operating, maintaining and repairing my car for the sheer luxury of it. It's a necessity for me, as it is for most of us. The fact that insurance is forced on us isn't the point. It's just plain necessary, and since there would invariably be some people who wouldn't get it if they had the choice, it has to be mandatory.

And since our health is consiberably more important than our transportation, why shouldn't that apply even more so to health insurance? Some people just aren't able to work at a well-paying job and afford decent health care at free market rates, not to mention legal fees when the insurance company stiffs them. All this lofty talk of ChoiceTM is meaningless to them. Under the current system, they have to go without health care; they have no choice.

I'm not American so I can't speak to the constitutional ramifications of the new bill (if it is unconstitutional, don't worry, you'll have your day in court). All I can say is that if the sanctity of state jurisdiction trumps the well-being of its people, it isn't worth it. If the states can't clean up their act, then all power to the feds.

Where I live, there was no need for intervention from the Canadian government. Saskatchewan cleaned up its own act after a long sorry history of insurance companies exploiting the low income and low education of the mostly farming population. The moment I was born, I automatically had full health insurance covered by the government (I've never paid a single premium, but I pay for it in taxes, which would be the equivalent of premiums). But that isn't socialism. Socialism is when the state owns my car, my house, my business and my doctor, and determines where I live and where to go--in other words, it owns my life. Here, the government not only lets me live my own life, but thinks highly enough of it to guarantee its health as much as medicine is able to. Your new health bill doesn't even come close to that; it's almost libertarian compared to our program. Sorry, but I have to laugh when I hear panicked cries of "Soshalizm" from you guys.

Now if you'll excuse me, I have to take my fully government-insured self and drive my forcibly-insured car to that bastion of socialist oppression, the local Wal-Mart, to buy whatever I want at market-driven prices.

Oh, the socialism, it burns!:D

In an anecdotal way, things may be great for you, but that doesn't necessarily equate to how the US plans to implement this bill. To start with, the public option may be off the table by the end of the process*, so automatically being covered by a government plan may be a moot point. Public option is where the Dems want to go with it, but it is unknown at this point.

My comment was about Pres. Obama comparing this bill to required auto insurance. Your argument for that has nothing to do with the legal precedent set by that fact, but is rather an emotional plea to help those in need of health care. I think the Pres. is comparing apples and oranges. Consider that being forced to buy auto insurance may be unconstitutional and may be challenged as a result of this debate. I have my doubts that it is unconstitutional. The Constitution isn't set in stone and may be amended. The Clinton administration in 1994 concluded that a health insurance mandate would be "an unprecedented form of federal action."

We already have public health options for the poor and those systems are in financial trouble and reek of bureaucracy. I have trouble justifying creating a whole new system when we can't seem to manage the ones we have.

Any idea how much of your taxes goes to pay those premiums? Is it really a bargain or might you have gotten a better price and better care elsewhere in a free market?

Our health care system is not a free market, it is heavily regulated and that regulation is possibly one of the reasons our costs have skyrocketed. I'm not saying that health care needs no regulation, obviously it is an area where people need to be protected against substandard practice.

* It appears that States may be able to opt out of the Senate approved bill if there is a public option. The House and the Senate still have to work out the differences in both bills to come up with one final version.
 
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.....The Constitution isn't set in stone and may be amended. The Clinton administration in 1994 concluded that a health insurance mandate would be "an unprecedented form of federal action."
....

And that is precisely the problem - the current administration does not want to pursue the acceptable and constitutional method, of an amendment. They know they would not get it done, because the vast majority of people would not vote for it.

Therefore, sneaky and under the table approaches. Keep the people out, keep the judges out, keep the decision making in the Executive Branch.
 
Therefore, sneaky and under the table approaches. Keep the people out, keep the judges out, keep the decision making in the Executive Branch.

The people were included. You see, we in the US had this thing called an "election" a little over a year ago. The people voted to make Obama the President, and to make decisions in our name.

Perhaps in your country the people aren't given a voice?
 
And that is precisely the problem - the current administration does not want to pursue the acceptable and constitutional method, of an amendment. They know they would not get it done, because the vast majority of people would not vote for it.

Therefore, sneaky and under the table approaches. Keep the people out, keep the judges out, keep the decision making in the Executive Branch.
I think you mean the legislative branch, and I seem to recall that there has been extensive debate on the topic.

As for your idea that the "constitutional method" would involve an amendment ... you may keep whatever you're smoking, I don't want any.

And as for what "the people" would vote for, please round up everyone who favors the status quo, 'cos I'd like to talk to both of them.
 
And that is precisely the problem - the current administration does not want to pursue the acceptable and constitutional method, of an amendment.

Are you implying that their current method is not constitutionally acceptable? If so, what legal theory are you using?
 
And that is precisely the problem - the current administration does not want to pursue the acceptable and constitutional method, of an amendment. They know they would not get it done, because the vast majority of people would not vote for it.

So you think medicare is illegal, and that the public votes for amendments to the US constitution?

Maybe you should read the constitution.
 
And that is precisely the problem - the current administration does not want to pursue the acceptable and constitutional method, of an amendment. They know they would not get it done, because the vast majority of people would not vote for it.

Therefore, sneaky and under the table approaches. Keep the people out, keep the judges out, keep the decision making in the Executive Branch.

Most attempts to amend fail. It is faster to make a bill and load it with pork to entice votes from certain members of the House and Senate. It's just politics playing out. So I agree with your assessment of "sneaky and under the table approaches."
 
In an anecdotal way, things may be great for you, but that doesn't necessarily equate to how the US plans to implement this bill. To start with, the public option may be off the table by the end of the process*, so automatically being covered by a government plan may be a moot point. Public option is where the Dems want to go with it, but it is unknown at this point.


I wasn't equating our medical plan to yours, just pointing out that, despite being fully government-controlled, it didn't take us down any slippery slope to socialism, which has been the loudest and most ridiculous objection to your new bill that I've heard.

My comment was about Pres. Obama comparing this bill to required auto insurance. Your argument for that has nothing to do with the legal precedent set by that fact, but is rather an emotional plea to help those in need of health care. I think the Pres. is comparing apples and oranges. Consider that being forced to buy auto insurance may be unconstitutional and may be challenged as a result of this debate. I have my doubts that it is unconstitutional. The Constitution isn't set in stone and may be amended. The Clinton administration in 1994 concluded that a health insurance mandate would be "an unprecedented form of federal action."


Actually, I brought up the auto insurance question, but thanks for mistaking me for Obama.:) Like I said before, I'm an outsider and can't comment on constitutional legality, but if it gets in the way of people's health, then maybe something's gotta change.

We already have public health options for the poor...


Why then are so many Americans without health insurance or have bare minimum coverage which does them no good when they need major care?

...and those systems are in financial trouble and reek of bureaucracy. I have trouble justifying creating a whole new system when we can't seem to manage the ones we have.


Just guessing, but maybe it's a matter of priorities. If more attention was paid to them, that might change.

Any idea how much of your taxes goes to pay those premiums?


I don't know the exact figures, but I know it's a considerable percentage. Health care takes up a large chunk of the provincial budget, and is growing. Personally, I would gladly pay even more taxes if necessary. Worry-free health care is definitely worth it.

Is it really a bargain or might you have gotten a better price and better care elsewhere in a free market?


Maybe I would get cheaper insurance privately (though I doubt it, considering we're talking about full, unlimited coverage), but that isn't the point. It isn't about just me. It's about everybody having guaranteed access to health care, including those who can't afford it normally. Forcing the poor, the majority of whom can't be faulted for their poverty, to scramble for sub-standard care strikes me as inhumane. I just happen to think that proper health care shouldn't be a matter of privelege. Some people are under the delusion that that's socialism, but like I said before, we're laughing all the way to Wal-Mart and McDonald's.
 
Republicans insist on keeping federal funds from paying for a medical procedure, deemed consitutional by the SCOTUS.

how is this ok?

let me repeat that: REPUBLICANS INSIST ON NOT HAVING FEDERAL FUNDS PAY FOR A NON-COSMETIC, OFTEN TIMES LIFE SAVING, MEDICAL PROCEDURE.

how is this...ok????
 
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Republicans insist on keeping federal funds from paying for a medical procedure, deemed consitutional by the SCOTUS.

how is this ok?

let me repeat that: REPUBLICANS INSIST ON NOT HAVING FEDERAL FUNDS PAY FOR A NON-COSMETIC, OFTEN TIMES LIFE SAVING, MEDICAL PROCEDURE.

how is this...ok????

I take it you're referring to the abortion language?

In fact, it's already illegal for federal funds to pay for that particular procedure. The Hyde Amendment prohibits federal dollars going to abortions paid for by Medicaid. It also applies to women receiving healthcare benefits as members of Peace Corps or the military, women in federal prisons and women who receive Indian Health Services.

For a while, there were exceptions in the event of a threat to the health of the woman and in cases of rape and incest. Those exceptions were repealed, but then re-instated.

The current law allows for abortion coverage in these cases and in the cases when the woman's life is threatened.
 
I wasn't equating our medical plan to yours, just pointing out that, despite being fully government-controlled, it didn't take us down any slippery slope to socialism, which has been the loudest and most ridiculous objection to your new bill that I've heard.

Actually, I brought up the auto insurance question, but thanks for mistaking me for Obama.:) Like I said before, I'm an outsider and can't comment on constitutional legality, but if it gets in the way of people's health, then maybe something's gotta change.

Why then are so many Americans without health insurance or have bare minimum coverage which does them no good when they need major care?

Just guessing, but maybe it's a matter of priorities. If more attention was paid to them, that might change.

I don't know the exact figures, but I know it's a considerable percentage. Health care takes up a large chunk of the provincial budget, and is growing. Personally, I would gladly pay even more taxes if necessary. Worry-free health care is definitely worth it.

Maybe I would get cheaper insurance privately (though I doubt it, considering we're talking about full, unlimited coverage), but that isn't the point. It isn't about just me. It's about everybody having guaranteed access to health care, including those who can't afford it normally. Forcing the poor, the majority of whom can't be faulted for their poverty, to scramble for sub-standard care strikes me as inhumane. I just happen to think that proper health care shouldn't be a matter of privelege. Some people are under the delusion that that's socialism, but like I said before, we're laughing all the way to Wal-Mart and McDonald's.

I apologize for confusing you with Obama lol. I meant that the argument was the same. Side note: I don't think a "public option" for auto insurance has ever been proposed even though we are forced to carry liability coverage.

Well, I sure hope it works out. I can't remember the last time in the US that a government plan or project finished under budget and working efficiently.
 
I apologize for confusing you with Obama lol.


No apology necessary. It was an honour. :D

Well, I sure hope it works out. I can't remember the last time in the US world that a government plan or project finished under budget and working efficiently.


Fixed that for you. :) I hope it works out, too. It's a historic move that the rest of the world is following with interest.
 
This is from BAC's second quote in the OP;

And then he pointed out that the Reid bill declares on page 1020 that the Independent Medicare Advisory Board cannot be repealed by future Congresses

How in the world is that possible? The feds (and states) repeal laws all the time.
 

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