Are health care mandates constitutional?

[Hope And Change]

Not so fast on the health insurance mandates


Are they constitutional? Clinton and Obama need to ask the question.

By Karl Manheim and Jamie Court

March 24, 2008

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

The largest difference between their healthcare 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 are certainly unprecedented. The federal government does not ordinarily require Americans to purchase particular goods or services from private parties.

The closest we come is when government imposes a condition on the grant of a discretionary benefit or permit. For instance, in most states, you must have auto insurance to drive a car, or you are required to install fire sprinklers when building a new house. But in such cases, the "mandate" is discretionary -- you don't have to drive a car or build a house. Nor do you have a constitutional right to do so.

But Americans do have a constitutional right to live in the United States. Accordingly, neither federal nor state governments can require you to purchase health insurance as a "condition" for residency. The Supreme Court has drawn a distinction between requirements that are flat-out imposed by government and those imposed as a condition for discretionary benefits.

The health insurance mandate proposed by Clinton is similar to the one enacted in Massachusetts under former Gov. Mitt Romney and the plan proposed by Gov. Arnold Schwarzenegger for California. These "unfunded mandates" are unlike any form of government regulation we've seen.

more...

http://www.latimes.com/news/opinion/commentary/la-oe-court24mar24,0,659180.story

[leftofcool]

1. Personally

I have no problem with it being mandated. If I pay for it via my taxes, and everyone else also pays for it, according to their income, then we all have it. We could do away with both medicare and medicaid.

[bean fidhleir]

2. And that would be better how?

What would we get out of it? What makes for-profit better than non-profit, in your mind?

[leftofcool]

6. If it is paid for via our taxes

like medicare is and everyone pays, except fot those making less than a certain amount (they get it anyway because it is subsidized by the government)everyone gets a health card. It puts the crappy HMO's and corrupt health companies out of business. I think this also keeps the extremely rich from getting out of paying their fair share.

[bean fidhleir]

10. One of us is unclear on the proposal

This is talking about various "Guaranteed Profits For Insurance Companies" bills. If that's what you understand too, then my question is: what does making healthcare a for-profit business do *for us* that making it a non-profit public service wouldn't do?

[leftofcool]

15. Then we get rid of all insurance companies

We go with just the "health card" system. I don't see that we need a for profit health care system at all. The only thing that would have to be mandated then is that everyone have a health card when visiting the doctor. Under those conditions, I don't see that the mandate would be unconstitutional. I would have some other concerns about this such as the quality of service but those things would work themselves out over time. The Canadians did it.

[Skittles]

3. they make us buy car insurance

and yes, most of us HAVE to drive a car

[ThatBozGuy]

5. But thats is the protection of the individual from the individual, but a mandated insurance

for medical insurance from a private corporation would be to protect the state from an individual, that is a slippery slope we have never never crossed in our Republic.

[Skittles]

8. well, I'm for universal single-payer

this mandated private shit just stinks to high heaven to me

[leftofcool]

11. I would be too if

we were guaranteed that insurance companies could turn no one down, that they could not refuse to pay for pre existing conditions and or refuse certain treatments.

[Skittles]

12. yes, everyone should be covered

absolutely

[ThatBozGuy]

13. Absolutely agree. Universal should be Universal, not some dressed up were gonna call it universal,

But its really forced HMO management that can say no for the bottom line.

[emanymton]

4. American Way.

.

The Constitution limits the power of the government not the people. The right to universal health care can be found precisely next to the right of universal free education for all, the jewel in the crown of USA's great free society. It should be clear that a child who does not receive adequate health care, like a child who does not receive an adequate education, does not have the same chances in life as children who get both education and health care.

Staggering costs of education are paid by the citizens who benefit from being a part of a well-educated society. The costs of universal health care will also be carried by the same citizens who benefit from a being part of a healthy society.

It is the American way to offer free education because it's the only way to ensure every child gets an education. USA should guarantee health care to every child, for the same reason. Giving every child a fair chance is the American way.

.

[MadBadger]

7. Mandating for Children though is different than mandating for adults.

[leftofcool]

9. But what happens

when the bread winner gets sick, has no insurance and is off work for weeks? The child is covered with insurance but the parent is not. How does a parent not having mandated insurance help the child in this case when no food in on the table?

[emanymton]

14. No It Is Not. USA Mandates For Social Security ...

.

because it is the right thing to do. Same goes for universal health care for all.

.

[ThatBozGuy]

16. But that is not what is being presented, I agree with you Universal health care should be like

The public school system. All Americans served unabridged.