Is it Constitutional to require all Americans to buy health insurance?

[Newtons Bit]

To Parky's question though, it doesn't have to come from a civil suit. If a law is passed that is unconstitutional and someone is prosecuted in a criminal case that involves that law, it could (and should) get to a constitutional test. If no one sues and no one is ever prosecuted under a law that is passed, then it could stand. But if no one is affected by it, then it's not really much different than it would be if the law never passed.

They, generally speaking, have to get convicted first.

 

[mhaze]

They, generally speaking, have to get convicted first.

Good point. Look at the soldiers who brought the cases, birther cases. The government declined to bring the case to trial, simply going along with the soldiers' basis for lawsuit.

P. I demand proof that BHO is citizen since I am being deployed.
D. We decided you won't be deployed. Sucker!
P. Case now dropped. (Fuming...)

Standing is not enough. If the health care measures were passed, it might still be difficult to get a case before the Supreme Court.

 

[Beerina]

well, Congress has to first do something, and then someone has to sue to see if it is Constitutional.

the whole system is based on laws being passed first....and then standing up to judicial scrutiny.

can un-Constitutional Presidential actions and Congressional laws stay in place if nobody chooses to sue?

pretty much.

Not only that, but as I understand it, a person has to be directly affected by said law to be able to challenge it. This is the concept of "standing". Someone wanting to challenge a law basically has to have that law come down on them first. This can be really bad if they're wrong.

On the other hand, it really pisses the birthers off, so that's good

Ehhh, I really don't think this law, covering 100% of the population, and very intrusively at that, will have problems finding challengers to sue over it.

 

[Puppycow]

Health-insurance will be required by all Americans, regardless of their employment status, no?

No.