Monday, March 29, 2010

The Individual Mandate Can-of-Worms

This is an interesting analysis. I can't really find any flaw with the legal reasoning here. The only response from proponents of the bill would be to say, "Oh, come on. Get serious. You're paranoid if you think the government would ever force you to buy a certain type of car. The people would never stand for it."

To which I would respond:
1) The constitution exists to make certain government action impossible - not merely politically impractical.
2) Twenty years ago we thought the same thing about individual health insurance mandates.


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Rep. Burgess: Government Can Force Us to Buy General Motors Products If Obamacare Mandate Upheld in Court

(CNSNews.com)
– Representative Michael Burgess (R-Texas) told CNSNews.com that if the mandate in the health care law requiring individuals to purchase health insurance or be penalized is upheld by the courts, the federal government could mandate anything, such as requiring all Americans to purchase a General Motors car.

On Capitol Hill, CNSNews.com asked Representative Burgess, “The Congressional Budget Office has said that never before in the history of the United States has the federal government mandated that any one buy a specific good or service and, of course, the bill includes the individual mandate. Is there a part of the Constitution that you think gives Congress the authority to mandate individuals to purchase health insurance?”

Representative Burgess, himself a doctor, said, “No, I personally do not, and I think that is exactly right. Never before in the history of this country have we had the ability to coerce American citizens to purchase something and then invoke the Commerce clause after we coerce that purchase.”


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