Political and Legal information on the Health Care Debate. View our freshly updated You Tube videos about health care on the right hand side of this blog. Includes ideas from politicians concerning Universal Health Care. Information on all things health insurance related from Medicare to short term health insurance.

Monday, April 14, 2008

A query: Are health-care mandates constitutional?

This article goes over the main issue in the Universal Health Care debate. At some point in our nation's history, people have come to consider health insurance to be a 'right'. All of the politicians are clamoring to out mandate the other person so that everyone has insurance. The problem here is that the government won't set the insurance rates, private insurance companies will. So basically the question is should the government be allowed to require citizens to purchase a product under the law? It would be like mandating that you can only buy a hybrid car. But actually that is not even true because it is more like you are FORCED to buy a hybrid car whether or not you wanted or needed a car in the first place.

Proponents of government mandated health care say that it is OK because government mandates car insurance or homeowners insurance if you have a mortgage. The difference is that I don't have to purchase auto insurance unless I drive or have a car. I don't have to purchase homeowners insurance unless I have a house. Health insurance would be an unfunded mandate passed on to every citizen by the government. That is not what I would consider to be 'free citizens'. This article talks about whether or not universal health care required by the government (as it is in Mass.) is constitutional or not. Enjoy the article.

A query: Are health-care mandates constitutional?
Perhaps not. Candidates should get clear answers


An important element is being overlooked in the health-care debate between the Democratic presidential candidates: Namely, whether the plans they propose are constitutional.

The largest difference between their health-care plans is that Sen. Hillary Rodham Clinton would "mandate" that everyone (with limited exceptions) purchase private health insurance. Although Sen. Barack Obama's plan also contains a mandate, it is much narrower — it is only required for children. Obama principally relies on subsidies, economies of scale and regulation to voluntarily achieve his version of universal coverage.

Are health insurance mandates constitutional? They certainly are unprecedented. The federal government does not ordinarily require Americans to purchase particular goods or services from private parties.

Continue reading the article here.

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