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You are the one who has asserted it is "Unconstitutional," and I have asked you to show me. Instead you admit that the Constitution is actually silent on the issue of mandates like this. So, I know that you have no choice but to try and shift the burden.
There is no surprise in that for either of us.
You're ignoring that the the federal government is of enumerated powers, if not mentioned in the constitution, and it doesn't fall under the commerce clause, it's reserved to the states. I would highly recommend you read a treatise or something on constitutional law before you dare even comment on it. I'm an attorney, I took constitutional law. I passed the bar exam. I have a feeling a know A LOT more about the Constitution than you do.
All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Section 8.
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide forthe common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
See how a little highlighting converts an otherwise pointless cut and paste into an actual answer to a question?
Libs. you need a constitutional amendment. Why don't you go for one? Heck, even make it require government run healthcare. The problem for you is, under the current constitution, wha tyou want violates the highest law of the land.
Don't be countin' those chickens just yet. Your confidence is a bit premature.
How? If you have high income, but high expenses, you don't have available spending money to buy insurance. If you have low income, you qualify for free or s ubsidized insurance. So what else could someone with high income high expenses do besides do something so they can buy the insurance they are forced to buy?
Say if they need $500 more a month to buy insurance. If they have an even budget, then they're going to have to cut $500 out of something else. What could those other expenses be? Rent/Mortgage? Debt like student loans or credit cards? Thanks for making the decision for those people. maybe they can call them obama roommates.
Don't be countin' those chickens just yet. Your confidence is a bit premature.
It's possible they will disregard the constitution like with the draft and the 13th amendment. B ut everyone knows that decision is a joke.
If this scenario were on a law school exam, you would fail the exam under existing constitutional law. Perhaps they'll create a new right out of thin air, but it will still not be able to require you to buy a product, so even that will fail......
Answer me this, if the federal government can make you buy insurance, what can the federal government NOT do? If the federal government has unlimited powers, why do we even have state governments?
See how a little highlighting converts an otherwise pointless cut and paste into an actual answer to a question?
You didn't even read what you quoted, and then took it out of context:
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide forthe common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
--
It says Congress has the power to lay and collect taxes to pay the debts, provide for defense and teh general welfare.
Even presuming that health coverage would be considered as part of teh general welfare , which it is not, and the court has defined what it means, and it's not refering to what you think it means, it doesn't mean they can require you to buy insurance.
It says TAX. Is buying insurance a tax? Please learn to read what you yourself bring attention to.
The court has held multiple times that the general welfare clause is NOT meant to go into the realm of state powers.
And if I don't want insurance, why should I be forced to buy it?
And if you don't have insurance and then call 911 demanding expensive emergency treatment that you can't afford, why should I be forced to pay for you if you didn't ever give a dollar yourself?
It's fine with me if you don't want health insurance; just don't get health care. Maybe we can live in a society where they will first check your health insurance status and bank accounts, and if you can't afford the estimates...they respond to your call by sending a hearse instead of an ambulance. How's that for "fair and square"?
You're ignoring that the the federal government is of enumerated powers, if not mentioned in the constitution, and it doesn't fall under the commerce clause, it's reserved to the states.
Well I commend you for paying enough attention in Introductory Constitutional Law class to have remembered something about the Commerce Clause being a powerful tool of the Feds... even if your command of the details is a bit garbled.
But as to this very weird contention that if its not mentioned it's reserved to the states... here. Enjoy this:
I gotta tell you... the Framers would find your faith in their ability to contain the entire universe of ideas (known and unknown) in a document as economical and spare as the Constitution fascinating. They would blush in humility and you elevation of them to deity.
Quote:
Originally Posted by betamanlet
I would highly recommend you read a treatise or something on constitutional law before you dare even comment on it. I'm an attorney, I took constitutional law. I passed the bar exam. I have a feeling a know A LOT more about the Constitution than you do.
I am not impressed. Perhaps you practice personal injury law?
See how a little highlighting converts an otherwise pointless cut and paste into an actual answer to a question?
So what if we banned free enterprise for the good of the country and have government create, manage, and conduct business and industry since no one can find jobs in the first place?
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