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Does an insurance mandate violate the Constitution?

A provision of the new health reform law requiring individuals to buy health insurance does not violate the Constitution, a federal judge in Michigan ruled Thursday.

The conservative Thomas More Law Center and four individuals had sued the White House over the mandate, arguing that it violates the commerce clause of the Constitution.
But Detroit-based U.S. District Judge George Caram Steeh on Thursday disagreed, finding that the mandate does not constitute "an improperly apportioned direct tax."

"The minimum coverage provision of the Health Care Reform Act contains two provisions aimed at the same goal," Steeh wrote. "Congress intended to increase the number of insureds and decrease the cost of health insurance by requiring individuals to maintain minimum essential coverage or face a penalty for failing to do so.

Answer Question

Asked by sweet-a-kins at 9:54 PM on Oct. 7, 2010 in Politics & Current Events

Level 34 (67,502 Credits)
Answers (18)
  • sweet-a-kins

    Comment by sweet-a-kins (original poster) at 9:54 PM on Oct. 7, 2010

  • And yet none of them said anything about the blatant unconstitutionality of the Patriot Act.....

    Answer by Anonymous at 10:06 PM on Oct. 7, 2010

  • I'll admit I'm not educated enough about the Constitution to say either way but, honestly I don't like the mandate.


    Answer by Friday at 10:24 PM on Oct. 7, 2010

  • Here's the way I look at it (and yes, I know it's a "me" oriented answer, but it's my opinion, none the less). The patriot act caused me some headache in extra paperwork but did not cost me extra cash. BUT, the new mandate has already caused our insurance rates to go up and benefits where hubby works to go down for the majority while increasing things for a minority ("milking" room).


    Answer by scout_mom at 10:30 PM on Oct. 7, 2010

  • It violates the law in the same manner that car insurance violates the law. Which is to say, it doesn't. I am not a fan of the way I hear the current plan being outlined, admittedly I haven't read the entire plan, however requiring each person that goes to the doctor to purchase some sort of insurance, and limiting the loop holes that insurance has is as old as requiring a driver to have liability insurance at a minimum, and that isn't such a bad idea.

    Answer by urkiddingright at 11:35 PM on Oct. 7, 2010

  • I'm sure anything violates the constitution based on how its interpreted.

    Answer by art.diva at 12:09 AM on Oct. 8, 2010

  • If you own a car, you must buy insurance but you don't have to own a car. If you do, you must have insurance on the car to cover any accident you might cause but it's elective, to have coverage to repair your car. Most of us are required to have uninsured motorist to cover our cars, just in case someone without insurance, hits us. Since everyone who owns a car is required to have insurance, how does that happen? Well we know It does, all too often.

    I think that it is Unconstitutional, with h/c care we are NOT allowed to have a choice, so that still leaves those of us who do pay, with paying for all the uninsured who don't or can't pay. Medicaid and Medicare were already in place, why didn't revamp those programs & stop all the abuse immediately? Because h/c for all wasn't the agenda, govt. takeover is the agenda… God help us!

    Answer by agentwanda at 12:55 AM on Oct. 8, 2010

  • If I don't want to pay car insurance, I don't own a car, easy enough. if I don't want to pay for healthcare insurance, my only option is to die under this law.

    Land of the free, eh?

    Answer by lovinangels at 1:11 AM on Oct. 8, 2010

  • It's far from over, there are appeals and other lawsuits, and then  it will all end up at the Supreme Court.


    Answer by Natesmom507 at 4:11 AM on Oct. 8, 2010

  • It violates the law in the same manner that car insurance violates the law

    Not at all the same. Agent covered it but I want to add, car ins. is not a federal requirement.

    Answer by Carpy at 5:11 AM on Oct. 8, 2010

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