As I stated in a previous post I don't love the individual mandate, but unlike Republicans I understand that it is necessary to accomplish the goals of providing better and cheaper health care while putting more money in peoples pockets.
The US Government has already proven that it has the constitutional right to mandate insurance (purchase a product) by mandating everyone who drives a car purchase insurance. But wait, you say. Not everyone has to drive a car so it is not the same. Well, not everyone has to use a hospital so it is the same.
If, however, you take the stance that everyone does have to use the hospital at some time then hospitals become part of the common good which means our tax dollars should cover it. There is already precedent for the common good argument set forth by the government since hospitals are required to see people in the emergency room regardless of their insurance status. Additionally the elderly don't get to opt out of Medicare, which means that at some point the government already has an individual mandate for people of a certain age. The only difference is that Medicare is a single payer system. But that doesn't change the fact that it is mandated and people are essentially charged for it in every pay check.
DA Fan says...
ReplyDeleteinterestingly, Howard Dean was on Countdown yesterday saying the individual mandate was actually inconsequential. He even said the idea that the mandate was necessary for the insurers to keep costs down by getting younger, healthier people in the system was "nonsense".
DA Fan also says...
ReplyDeleteYou're wrong though. The U.S. government does NOT mandate everyone buy car insurance. Those are all state laws - not federal laws. There is a difference, sir.
According to a couple different legal sites "
ReplyDeleteThe federal government of the United States requires that all automobile drivers possess minimal insurance coverage". The level of that coverage is determined by each state but it is a Federal requirement.
DA Fan bitch slaps Elijah Moon...
ReplyDeleteI see one (eHow.com) website that says that... with no support for it.
MANY other websites that agree with my understanding of the law (even if many of them are conservative cranks all hopped up on the 10th Amendment).
A basic search at wikipedia (http://en.wikipedia.org/wiki/Vehicle_insurance#United_States) does not seem to indicate any federal involvement in auto insurance.
Bottom line: I still think you're wrong.
It's an intersting issue though... if you can find justification for the claim that the feds mandate it... I'd be curious to see it.
DA Fan continues...
ReplyDeleteEmbarrassingly, I just finished reading your post. You say "the elderly don't get to opt out of Medicare"... that is not true either. They absolutely can opt of Medicare but doing so also surrenders Social Security benefits so I guess almost none do (I don't know why they would)?
Here is a WSJ column talking about a lawsuit trying to get seniors the right to opt out and still receive their social security benefits:
http://online.wsj.com/article/SB10001424052748704471504574446831381142174.html
Waiting to hear back from Senator Levin’s office on the Federal laws regarding auto insurance. BTW there were other legal sites that I found that same indication but I didn't figure you needed me to list every quote I found since the actual legislation is the only sure fire way to know the real deal. Also I'll take EHow over your Fox News slappy's, any day. Plus your internet research skills are amateurish so I'm really not surprised at your results.
ReplyDeleteThe Medicare information was from an interview I heard on NPR regarding the topic. He must have had a different interpretation
Just logically, if you think about it, when someone (probably a Mexican) gets pulled over without car insurance, do they get charged with a federal crime? I'm telling you they do not.
ReplyDeleteI lived in Arizona (pre-DA) and I knew Mexicans - hell the state is overrun by them - and none were charged with a federal car insurance crime... and that was even with Joe Arpaio stalking their every move.