Is mandating health care constitutional

22 Jul

These conservative institutions argue thatthe unprecedented idea, a mandate that all Americans be forced into a contractual agreement with a private party for health insurance, is not a constitutionally permissible activity by the federal government.My sources tell me that this issue will be raised during the Senate debate on Obama Care very soon and may open another front in the war against Obama Care.And that gives the state an "out" in the requirement. Here's the deal: You are willingly choosing to buy a car. In every government enterprise, we balance the security of the state with the rights of individuals.Since driving isn't a right and since no state government forces you to buy insurance, the government is absolved from the "forcing me to do X" part.The Supreme Court’s hearings in the health care case, US Department of Health and Human Services v.

Nowhere in the Constitution is Congress given the power to mandate that an individual enter into a contract with a private party or purchase a good or service and, as this paper will explain, no decision or present doctrine of the Supreme Court justifies such a claim of power.

Analysts at first predicted a 7–2 decision rejecting the challenge.

But they apparently misjudged the dedication of the ultraconservative justices, whose questions in the oral argument have now convinced many commentators that on the contrary, in spite of text, precedent, and principle, the Court will declare the act unconstitutional in June, by a 5–4 vote. There is still reason to hope, as I discuss later, that Justice Anthony Kennedy, often the swing vote between liberals and ultraconservatives, will have sufficient respect for congressional authority to save the act. American health care is an unjust and expensive shambles; only a comprehensive national program can even begin to repair it.

Although the Court had four questions before it, the focus of the challenge to the Affordable Care Act (ACA) was the so-called individual mandate – the requirement that almost all Americans buy health insurance by 2014 or pay a penalty.

Defending the constitutionality of the mandate, the government’s primary argument was that Congress can require everyone to buy health insurance using its power under the Commerce Clause of the Constitution, because the failure to buy insurance shifts the costs of health care for the uninsured to health care providers, insurance companies, and everyone who does have health insurance.