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MoonRiver

(36,926 posts)
Wed Jun 27, 2012, 01:12 PM Jun 2012

If SCOTUS declares people cannot constitutionally be forced to buy insurance,

why then can people be drafted into the military? Both are potentially making people to do something they might not want to do. Both ignore individual choice for the benefit of the whole. Both are mandates Congress can demand people to follow.

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If SCOTUS declares people cannot constitutionally be forced to buy insurance, (Original Post) MoonRiver Jun 2012 OP
Also will such a ruling mean Drale Jun 2012 #1
That's unquestioned Sgent Jun 2012 #4
You don't have to buy car insurance if you don't want to drive your car on the roads. enough Jun 2012 #7
No, because the Feds aren't requiring car insurance kudzu22 Jun 2012 #11
if you live in a flood plain, you must buy flood insurance. spanone Jun 2012 #2
Or what?? nt nanabugg Jun 2012 #3
no mortgage. annabanana Jun 2012 #5
I believe if your not carrying a mortgage .. littlewolf Jun 2012 #20
or you do not get a mortgage nt littlewolf Jun 2012 #6
Arguably different from having a fine imposed Nuclear Unicorn Jun 2012 #15
Uh, no. Only if your mortgage lender requires it. MineralMan Jun 2012 #14
You are not forced to stay in your sex Dokkie Jun 2012 #8
If Congress passed a resolution to draft, women would be drafted now. MoonRiver Jun 2012 #12
No, we're not required to register with Selective Service n/t Nuclear Unicorn Jun 2012 #16
Raising an army is one of the enumerated powers of the Federal Government kudzu22 Jun 2012 #9
Forced to buy health insurance bakpakr Jun 2012 #10
There is also a penalty if you refuse to be drafted or rather refuse to go to war when drafted. MoonRiver Jun 2012 #13
You are comparing the 100 buck fine nadinbrzezinski Jun 2012 #19
You of course realize raising an army is one of the enumerated powers nadinbrzezinski Jun 2012 #17
Article 1, Section 8, give the feds the ability to..... NCTraveler Jun 2012 #18
Show me where it mentions Social Security or Medicare. JoePhilly Jun 2012 #21
Regulate. Not impose or create commerce in order to regulate. nt NCTraveler Jun 2012 #22
You can find the cases for the constitutionality of medicare an ss all over the internet. NCTraveler Jun 2012 #23
Easy workaround, states must mandate insurance if they want Federal health care $$$ JCMach1 Jun 2012 #24

Sgent

(5,857 posts)
4. That's unquestioned
Wed Jun 27, 2012, 01:22 PM
Jun 2012

There is no one claiming that states cannot require the purchase of insurance, but rather if the federal government can. MA residents will still have to buy private insurance even if the ACA is repealed.

enough

(13,272 posts)
7. You don't have to buy car insurance if you don't want to drive your car on the roads.
Wed Jun 27, 2012, 01:27 PM
Jun 2012

Not a "mandate" in the same way.

kudzu22

(1,273 posts)
11. No, because the Feds aren't requiring car insurance
Wed Jun 27, 2012, 01:44 PM
Jun 2012

the states are. Completely different issue.

littlewolf

(3,813 posts)
20. I believe if your not carrying a mortgage ..
Wed Jun 27, 2012, 04:56 PM
Jun 2012

then it is your property and you can do
what you want with it ....

MineralMan

(146,354 posts)
14. Uh, no. Only if your mortgage lender requires it.
Wed Jun 27, 2012, 01:53 PM
Jun 2012

If you own your structure outright, you do not have to buy flood insurance. That's a fact that many have regretted who lost their home in a flood.

The lenders require you to purchase it, not the government.

 

Dokkie

(1,688 posts)
8. You are not forced to stay in your sex
Wed Jun 27, 2012, 01:30 PM
Jun 2012

you can receive sex change and be female and avoid getting drafted. Sucks for the guys but good for gals

MoonRiver

(36,926 posts)
12. If Congress passed a resolution to draft, women would be drafted now.
Wed Jun 27, 2012, 01:47 PM
Jun 2012

They're allowed to serve in the military, ergo they would be drafted.

kudzu22

(1,273 posts)
9. Raising an army is one of the enumerated powers of the Federal Government
Wed Jun 27, 2012, 01:43 PM
Jun 2012

and is therefore constitutional. The question with ACA has to do with another enumerated power -- the power to regulate commerce among the several states. Does that power extend to the ability to compel commerce by individuals? We'll find out soon.

bakpakr

(168 posts)
10. Forced to buy health insurance
Wed Jun 27, 2012, 01:43 PM
Jun 2012
NOBODY is forcing anyone to purchase Health Insurance. Under the law you can still choose to purchase Health Insurance or not. Nowhere does it say you are required to Purchase Health Insurance.

If you choose not to purchase Health Insurance you must pay a penalty. That is all that is says. I personally think calling it a penalty is wrong. What it should be called is an Offset Fee. It is paid to help ensure there are enough funds available to reimburse providers through tax programs that are paid to providers.

What should have been added to the law is that if you choose not to purchase Health Insurance and do not wish to pay the penalty then you can choose to fill out and carry at all times documentation and proof that you have the funds to pay for care readily available then you get care. If funds are not available then you receive no care.

MoonRiver

(36,926 posts)
13. There is also a penalty if you refuse to be drafted or rather refuse to go to war when drafted.
Wed Jun 27, 2012, 01:48 PM
Jun 2012

The penalty is jail.

 

NCTraveler

(30,481 posts)
18. Article 1, Section 8, give the feds the ability to.....
Wed Jun 27, 2012, 02:00 PM
Jun 2012

"To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years"

Please show me in the constitution where the fed has the authority to force me to buy a private for profit product or be fined.

JoePhilly

(27,787 posts)
21. Show me where it mentions Social Security or Medicare.
Wed Jun 27, 2012, 05:01 PM
Jun 2012

Show me where it says the government can give money to private religious schools.

Show me where it says that the President can declare a war.

The Congress has the ability to legislate interstate commerce. Health care crosses state boundaries.

Treatment for illness is not a commodity.

 

NCTraveler

(30,481 posts)
23. You can find the cases for the constitutionality of medicare an ss all over the internet.
Thu Jun 28, 2012, 08:48 AM
Jun 2012

The government has the right to tax. The mandate has nothing to do with taxes. If the administration expanded medicare we would not be having this issue right now. That is not what they have done.

In this instance they are not regulating commerce. They are creating commerce in order to regulate it.

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