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Is the mandate Constitutional?

http://www.youtube.com/watch?v=-UGQIkYEBPo

Former Reagan Solicitor General Charles Fried delivered testimony during a Senate hearing on the "The Constitutionality of the Affordable Care Act," expressing, in no uncertain terms, his personal assessment that he is "quite sure that the health care mandate is constitutional."

Here's the key part of Fried's statement, transcribed by ThinkProgress:

I am quite sure that the health care mandate is constitutional. ... My authorities are not recent. They go back to John Marshall, who sat in the Virginia legislature at the time they ratified the Constitution, and who, in 1824, in Gibbons v. Ogden, said, regarding Congress' Commerce power, "what is this power? It is the power to regulate. That is--to proscribe the rule by which commerce is governed." To my mind, that is the end of the story of the constitutional basis for the mandate.
The mandate is a rule--more accurately, "part of a system of rules by which commerce is to be governed," to quote Chief Justice Marshall. And if that weren't enough for you--though it is enough for me--you go back to Marshall in 1819, in McCulloch v. Maryland, where he said "the powers given to the government imply the ordinary means of execution. The government which has the right to do an act"--surely, to regulate health insurance--"and has imposed on it the duty of performing that act, must, according to the dictates of reason, be allowed to select the means." And that is the Necessary and Proper Clause. [...]

I think that one thing about Judge Vinson's opinion, where he said that if we strike down the mandate everything else goes, shows as well as anything could that the mandate is necessary to the accomplishment of the regulation of health insurance.


Earlier this week, Roger Vinson, a U.S. District Judge from Florida, ruled the entire health care reform law unconstitutional, after finding that the individual mandate aspect of the package constituted governmental overreach.

A blogger at Forbes has highlighted another segment of Wednesday's discussion in which Fried explains, using the same logic, his interpretation that the federal government could, under the Constitution, force citizens to buy vegetables, but not eat them. Whether that would be a good idea, Friedman says, is another question.

While Fried announced at the onset of the hearing that he had come to the meeting as a non-partisan observer who had some serious concerns about many other aspects of the bill, it's also worth noting that he voted for Barack Obama in 2008, despite being an avid supporter of Sen. John McCain (R-Ariz.). At the time, he claimed that McCain's choice of Sarah Palin as vice president had forced his decision.

Answer Question
 
sweet-a-kins

Asked by sweet-a-kins at 5:27 PM on Feb. 2, 2011 in Politics & Current Events

Level 34 (67,502 Credits)
Answers (35)
  • Maybe I'm missing something but I don't see the difference in mandated health care insurance and mandated car insurance...

    Some things in the bill may to you be unacceptable, but allowing a cancerous 8 year old to have insurance despite her condition seems like a good idea to me.
    acurran88

    Answer by acurran88 at 5:32 PM on Feb. 2, 2011

  • I don't see the difference in mandated health care insurance and mandated car insurance...


    The difference is that you are not required to drive a car.  That is a choice and a privilege. 


    As for the mandate, I don't care what a Reagan cast off thinks, let it go to the SCOTUS.

    QuinnMae

    Answer by QuinnMae at 5:43 PM on Feb. 2, 2011

  • Maybe I'm missing something but I don't see the difference in mandated health care insurance and mandated car insurance...

    You can choose whether or not you want to own/drive a vehicle. You can't choose whether or not to become ill.
    Farmlady09

    Answer by Farmlady09 at 5:45 PM on Feb. 2, 2011

  • You can't choose whether or not to become ill.


    Right, at some point everyone will need some care, why should you get the option to NOT have insurance and make the government pay when you DO get sick?

    sweet-a-kins

    Comment by sweet-a-kins (original poster) at 5:49 PM on Feb. 2, 2011

  • He;s a Reagan "cast off" now?

    sweet-a-kins

    Comment by sweet-a-kins (original poster) at 5:50 PM on Feb. 2, 2011

  • I never said he was anything different. And nowhere did I say that our health care or insurance industry was good to go status quo. I have maintained that the systems need reform, just not THIS reform. You can down vote me as many times as you want, my opinion has been the same since the beginning.

    QuinnMae

    Answer by QuinnMae at 5:52 PM on Feb. 2, 2011

  • Oh, and I have gotten sick when I didn't have insurance and the government didn't pay sh*t for me. I did it all on my own.

    QuinnMae

    Answer by QuinnMae at 5:53 PM on Feb. 2, 2011

  • I didn't say you said differently, but why would you say something negative about him? because he doesn't agree with your take on the HC bill?

    sweet-a-kins

    Comment by sweet-a-kins (original poster) at 5:53 PM on Feb. 2, 2011

  •  


    Oh, and I have gotten sick when I didn't have insurance and the government didn't pay sh*t for me. I did it all on my own.


     


    Me too...HOWEVER most POOR people can't and teh government DOES ALREADY HAVE TO PAY,...



    sweet-a-kins

    Comment by sweet-a-kins (original poster) at 5:55 PM on Feb. 2, 2011

  • Me too...HOWEVER most POOR people can't and teh government DOES ALREADY HAVE TO PAY,...

    lies lies lies. Most poor people who aren't so poor they get medicaid get a lawsuit and a garnishment and the bill gets paid one way or the other. All these people who think those bills just get written off and absorbed have obviously never seen a civil court docket.
    NotPanicking

    Answer by NotPanicking at 6:05 PM on Feb. 2, 2011

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