Tuesday, April 17, 2012

The Consititutionality of the Individual Mandate

Interesting:

"The founding fathers, it turns out, passed several mandates of their own. In 1790, the very first Congress—which incidentally included 20 framers—passed a law that included a mandate: namely, a requirement that ship owners buy medical insurance for their seamen. This law was then signed by another framer: President George Washington. That’s right, the father of our country had no difficulty imposing a health insurance mandate.

That’s not all. In 1792, a Congress with 17 framers passed another statute that required all able-bodied men to buy firearms. Yes, we used to have not only a right to bear arms, but a federal duty to buy them. Four framers voted against this bill, but the others did not, and it was also signed by Washington. Some tried to repeal this gun purchase mandate on the grounds it was too onerous, but only one framer voted to repeal it.

Six years later, in 1798, Congress addressed the problem that the employer mandate to buy medical insurance for seamen covered drugs and physician services but not hospital stays. And you know what this Congress, with five framers serving in it, did? It enacted a federal law requiring the seamen to buy hospital insurance for themselves. That’s right, Congress enacted an individual mandate requiring the purchase of health insurance. And this act was signed by another founder, President John Adams."

10 comments:

  1. I suppose I will now go research what I've said about the constitutionality of this issue. I really don't remember.

    In the meantime, my response is this:

    (Note: Please read with me making a silly voice and waving my arms)
    "I'm Dungy, I use facts and logic to promote sound ideas and argue for historically relevant truths."

    That is all.

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  2. Kidding aside, a quick look to my blog and I don't think I've argued against the constitutionality. But if I did, you're statement here all but destroys that notion.

    I still maintain that while it may be legal and may even be free of sinister motives, the HHS mandate was something I think was unnecessary.

    That said, I don't think it's unconstitutional or illegal.

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  3. Actually, this isn't meant as a target at you specifically. I meant it in context of general GOP opposition and the conversation around what the SCOTUS's decision will be.

    Ours is specifically about birth control, as far as I know. Out of curiousity though, what is your opinion of the individual mandate to purchase health insurance?

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  4. Ah, got ya.

    My opinion on that is also mixed. I initially opposed it vehemently, but over the past few months of thinking about it, I'm not sure it's the worst thing.

    I'm realizing that in some aspects, we can't govern solely in principle. I think there are certain principles more important than practicality, but the freedom from forced commerce doesn't seem to outweigh the benefits to the collective whole in how this COULD lower health care costs.

    However, greed knowing no bounds, I don't think we'll ever see much decline in that, even if they could stop charging an arm and a leg, I don't see why they would.

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  5. Yeah, I agree with that. I kind of feel that this legislation is the worst of both worlds. It's not totally free market, and it lacks the teeth of socialized healthcare. But I don't blame the Democrats for that, no surprise there. And I'm hoping that when it's fully implemented, that it turns out to work better than my worst fears would lead me to believe. We'll see I guess.

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  6. I do think it could have the effect of slowing the rise, but yeah, we'll just have to see.

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  7. I'd love to watch the NRA's reaction to a Democrat-sponsored bill that required all men of age to purchase firearms. Something tells me that Fox News wouldn't say one thing against it.

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  8. Dungy, I'm curious, what do you think of President Obama? Do you think that he has been a good president? Also, is there anyone in the Republican party who excites you?

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  9. Hi Leslie,

    At the risk of sounding like a rank and file cheerleader: I do endorse Obama, and I do think he's been a good president. I voted for him because he ran as a pragmatic centrist, and I think he's governed as such.

    When it comes to personality, I give Obama my full endorsement. He seems to be basing decisions off of practicality, rather than ideology, which I like. He's shown himself to be relatively flexible in rhetoric and open to compromise. Good, good.

    Domestic policy, I have some qualms with. The general consensus from economists was that the stimulus was under-sized, which I believe may have contributed to the slow recovery. I think the leadership of the healthcare overhaul was somewhat lacking. There was no clear narrative made to the American people for the need, and opposition reframed the argument, and twisted it into something not representing the truth. I've heard some moderate conservative analysis of the bill, that explains how it will most likely not lower health care costs, and I think there's soem truth to that.

    More than anything, I wish Obama would tackle the debt situation by clearly championing a comprehensive tax reform plan. There was an opportunity to do with with the Simpson-Bowles bill, but Obama did not initially endorse it. Again, Republicans took over the narrative and shaped it into a case of 100% tax cuts or nothing, while gaining credit for themselves as proactive deficit hawks.

    On foreign policy, I think Obama is absolutely SPOT ON. I have no complaints whatsoever. Iraq was spun down at the right time, ditto Afghanistan. Decisions regarding Libya and Osama Bin Ladin were prudently made, and GREAT victories. Not to mention good precidents for the future. 100% Support.


    Mostly when I look at Obama I see someone how is attempting to govern moderately and wisely, and is being punished for it. I find myself in the position of defending Obama, when I'd rather be closely analyzing the minutia of his policy instead. I defend because the attacks against him are so unbalanced, intemperate, cynical, untrue and, quite frankly insane. I remember feeling the same way about Bush II. Neither were perfect leaders. I'm sure Obama has made some blunders that I'm not even aware of. But I defend by default.

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  10. As for the current GOP, I love Ron Paul (though don't think he'd make a good president). Paul Ryan is someone I watch closely because he's spearheaded some deficit reduction policies, and has a reputation as a debt policy wonk. Generally, I can't bring myself to endorse or applaud any congressional GOP folks, since almost all of them are trying to show off their bonafides as Tea Party candidates, and I disagree with the platform of the Tea Party to begin with.

    Those few who DON'T identify as Tea Party, like Olympia Snow, are people that I generally don't have strong feelings about, since they almost invariably straddle the middle. But I do like Olympia Snow. I generally trust her to write sensible bills.

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