|
March 21, 2010
Killing the dream
Yeah, they passed it. (Thanks once again to Stupak and his ongoing abortion con game.) A lot of people are reacting, but I especially liked Megan McArdle's question: Are we now in a world where there is absolutely no recourse to the tyranny of the majority?There's always recourse, and one form of recourse would be to simply implement the Constitution. Congress does not have power to compel citizens to purchase health insurance. The Constitution is not subject to the tyranny of the majority. Not even if the majority says it is. posted by Eric on 03.21.10 at 11:42 PM
Comments
The above should read: Frank · March 22, 2010 12:43 AM Tell me - now that they've passed a law which requires all Americans to buy health insurance, do you think they'll pass a law which requires us all to buy GM or Chrysler cars? Andy · March 22, 2010 02:01 AM OK, I admit I'm drunk now, so this comment may make no sense -- but how much of this fiasco do we need to blame on the education system that has touted the greatness of democracy over the years? That was always the one thing that kept scratching at the edge of GWB's push for democracy in Iraq. Do we never learn? Donna B. · March 22, 2010 02:09 AM I'm just waiting for the Feds to mandate the purchase of a Voter ID card. JAFAC · March 22, 2010 02:25 AM "Congress does not have power to compel citizens to purchase health insurance." I reluctantly disagree despite my utter disgust about ObamaCare. Or more accurately my total disgust with O, Nancy, and company. Con law is uncertain. I concede that. Maybe the SC will toss ObamaCare. Who knows? Why would ObamaCare be upheld? The Constitution does not explicitly give Congress that power. But the income tax amendment may provide it. (1) Everyone who has an income can have it taken by law. That is called taxation. (2) The Congress can certainly provide insurance for those who lack resources or adequate income. So I believe Congress has the power to route some of your income to medical insurance companies. They won't mind if you don't use the insurance. Restated: The government can argue that the mandate is functionally the equivalent of collecting a tax and spending it to provide your insurance. ObamaCare will pay the insurance premiums of the poorest people. Seems Constitutional. And the wealthy are going to pay a lot more tax while getting nothing new. How many wealthy people don't already carry great medical insurance?
KTWO · March 22, 2010 03:08 AM I guarantee, if multiple people try to sue, it'll go class action and your rights will be forfeit. If you refuse, you'll be held for contempt of the court or some such nonsense where citizens aren't afforded their rights. If you try to go to court, they'll be a special court (like tax court), where no one can really win (like tax court). dusty · March 22, 2010 07:14 AM The government compels people to buy all sorts of insurance: Medicare, Social Security, unemployment, disability. Automobile liability insurance has been compulsory for almost a century. chocolatier · March 22, 2010 10:26 AM chocolatier, Here is a comment out of a long thread http://www.talk-polywell.org/bb/viewtopic.php?p=36820#36820 Discussing whether the state can compel you to get a drivers license. In fact there is ample case law that they can't. It may also point to the fact that they can't compel you to buy insurance. M. Simon · March 22, 2010 02:14 PM Post a comment
You may use basic HTML for formatting.
|
|
March 2010
WORLD-WIDE CALENDAR
Search the Site
E-mail
Classics To Go
Archives
March 2010
February 2010 January 2010 December 2009 November 2009 October 2009 September 2009 August 2009 July 2009 June 2009 May 2009 April 2009 March 2009 February 2009 January 2009 December 2008 November 2008 October 2008 September 2008 August 2008 July 2008 June 2008 May 2008 April 2008 March 2008 February 2008 January 2008 December 2007 November 2007 October 2007 September 2007 August 2007 July 2007 June 2007 May 2007 April 2007 March 2007 February 2007 January 2007 December 2006 November 2006 October 2006 September 2006 August 2006 July 2006 June 2006 May 2006 April 2006 March 2006 February 2006 January 2006 December 2005 November 2005 October 2005 September 2005 August 2005 July 2005 June 2005 May 2005 April 2005 March 2005 February 2005 January 2005 December 2004 November 2004 October 2004 September 2004 August 2004 July 2004 June 2004 May 2004 April 2004 March 2004 February 2004 January 2004 December 2003 November 2003 October 2003 September 2003 August 2003 July 2003 June 2003 May 2003 May 2002 AB 1634 MBAPBSAAGOP Skepticism See more archives here Old (Blogspot) archives
Recent Entries
Those quiet and discreet violent libertarian thugs!
Clearing Up Misconceptions Change Prohibition Policy Voting For Socialism Commonsense Conservatives A funny thing happened when I said "hi" to a nice family dog Sometimes The Science Is A Crime Viagra For Sex Offenders? The frightening future has arrived. And it's a rube awakening! Polywell - No BS - No Excuses
Links
Site Credits
|
|
From Andrew Bernstein, author of The Capitalist Manifesto: The Historic, Economic, and Philosophic for Laissez-Faire on his Facebook account March 18, 2010:
"If the government takes over health care, I will refuse to buy their package, refuse to pay the fine imposed, and make them arrest me. I will broadcast my refusal to cave to socialism on my website, on Facebook, to my students, in my lectures, and on the radio. I will fight this in the courts--or will the DC Fascists suspend the right to trial by jury? I suspect--and hope--that millions of Americans will do the same."