I, too, would like to hear someone explain why this couldn't happen.

that could mean the end of Medicaid, Medicare, and other social programs.

The Federal government has never before forced its citizens to participate in a given market (buy a specific product) simply by virtue of one's being a living citizen of the United States.

Conceivably, if the mandate is upheld, the Federal Government could require citizens to purchase anything whatsoever, from whomever, so long as the government had a "rational basis" for forcing people to buy a given product.

That said, I suspect the mandate will be found to be Constitutional.

-Laelth

would be the precedent for other legislation.


I agree that right now there is no precedent. That is why I am worried about it passing.

Do you not remember 2005 and Bush's attempt to "privatize" Social Security. We Democrats were the only thing standing in breach for that one.

Do you think, for just one moment, that this court would even consider striking down this mandate if the Republicans had enacted this legislation? I doubt they would have even granted cert.

somewhat akin to what we wanted in a public option for health care, but backward.


Social Security might have still existed in some form if that passed. If an (R) can force people to buy private investments they can do away with SS easily and quickly.



Would this court strike down a mandate if the (R)s wanted it, no. Some future court might if there is no precedent to base it on. I can't predict the future but I do still try to plan for it.

I could totally see some GOP president paying off his wall street buddies by forcing everyone into private 401(k) or other financial schemes, using the same logic, and it will have Supreme Court precedent to back it up.

Health care logic: Uninsured people force the states to care for them when they get sick, therefore mandated insurance affects interstate commerce and is therefore constitutional.

Retirement logic: People who don't save for retirement force the states to care for them when they can't afford to live on Social security, therefore mandated retirement plans affect interstate commerce and are therefore constitutional.

It was a weak argument (a GOP argument, no less) that never should have been used in this legislation.

with similar mandates. I'm sure even the repukes would go for this if you allow them to arrest those who don't comply and put them in some for-profit prison.

The Detroit automakers need another bailout. Mandate: Everyone buy a new car.

Wall Street needs another bailout. Mandate: Everyone invest $5,000 in the stock market.

Law enforcement "needs" to identify anyone they chose at any time. Mandate: Everyone must have and carry a photo ID (which renders all voter ID law challenges moot).

If you think you can't afford any of the above, the IRS will determine whether you can or can't do so.