So, can the government pressure it's citizens to buy a private commodity? yes, they are doing so already. You can either not drive, drive with their regulations, or drive while being subject to penalties and liability. Is that much of a choice?
Your missing the point. Your conflating laws to mandates. You might as well say since the government forces people to purchase fishing licenses then a model exists for forcing people to buy health insurance. There is a huge difference between requiring citizens to be responsible for engaging in an activity and forcing citizens to purchase private goods for simply being alive. Your trying to support a legal argument from a laypersons point of "practicality". The legal issue is simply very different. On a point I would say requiring auto insurance is pushing the envelope itself, but the constitution really has no bearing on state issues like this.
The practicality of the "choices" isn't the problem, that can be solved simply with more choices, the authority to do this is the question. The auto insurance simply doesn't hold water to a federal case like this. They (federal government) is
not "doing so already" and as a matter of fact neither is the state government. Your trying to define "government" as all levels and then saying the precedents are there. Thats just a misunderstanding of the levels of government. They are separate, a precedent in state government has no bearing on federal government. You
must define the term for any meaningful discussion on it.
Well first off, the bill has different language then what I'm proposing, so this is moot, beyond theory. I would not be surprised however, that if the mandate is struck down as unconstitutional (which I believe could happen), if something like this become sort of a work-around.
I would agree with you but it would have to go through another vote process. That isn't something anyone really wants to do right now.
Basically, the government introduces a general tax that applies to everyone. That part is totally legal. Now, they introduce a tax break that you get if you purchase health insurance. Also, totally legal. Now you've got the power of the mandate, with out the actual mandate.
Well you run into the same problem
this mandate has. People will simply pay the "tax" and then when they get chronic expensive illness they will switch to the insurance and run up the bill. I doubt anyone would vote for making people define a lifelong decision about their health (and legally holding them to it) when they are 21 years of age.
I don't have to donate to charity any more then anyone has to purchase health insurance. But if I don't donate to charity, I don't get the deductions. If I choose not to buy health insurance, I also wouldn't get the deductions.
See above, the problem of supporting and paying for the insurance with people switching in and out as they see fit.
I suspect the reason it was not phrased this way, even if it is much simpler constitutionally, is because the Democrats wanted to avoid including the word "tax" as much as possible.
I would argue it is in fact
not simpler constitutionally.
Personally, I think people should be able to opt out of the mandate. Everyone is covered for free until you are 21. Then, you're not forced to buy health insurance, but if you choose not to, private insurance companies gain the right to deny you service.
I'd also expand this to say, you don't have to pay taxes towards Medicare or Medicaid if you decide you want to opt out of all public health care services and pay for it yourself. Just, no going back on your word.
See above, making a lifelong legal decision at 21 isn't something most would support, certainly not me and certainly not politicians who need to get elected.
The problem is, if we decide as a society that we're going to offer health care to stupid people who get in over their heads, you have to have a mandate. We can either not cover the folks who opt out, ever, or we can force them into the system. Least that's what I think. Feel free to blast it.
Thats exactly the point, your contradicting your own points about "opting out" of the mandate. Your absolutely right, the current bill rests on the mandate. Without it, its crap (well more crap than it is now).
True, but like the car example, the government could just change the requirement to something that you "can" opt out of, but that nobody would.
For instance, what if they said, "Anyone who owns or rents a place to live or is a dependent of such a person is required to get health insurance."
Technically, I don't have to get health insurance, but in reality, I pretty much have to.
Your really reaching outside the arm of the law here, this is not something that could be laid out legally by any means.