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Wed Jun 27, 2012, 01:12 PM

If SCOTUS declares people cannot constitutionally be forced to buy insurance,

why then can people be drafted into the military? Both are potentially making people to do something they might not want to do. Both ignore individual choice for the benefit of the whole. Both are mandates Congress can demand people to follow.

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Arrow 24 replies Author Time Post
Reply If SCOTUS declares people cannot constitutionally be forced to buy insurance, (Original post)
MoonRiver Jun 2012 OP
Drale Jun 2012 #1
Sgent Jun 2012 #4
enough Jun 2012 #7
kudzu22 Jun 2012 #11
spanone Jun 2012 #2
nanabugg Jun 2012 #3
annabanana Jun 2012 #5
littlewolf Jun 2012 #20
littlewolf Jun 2012 #6
Nuclear Unicorn Jun 2012 #15
MineralMan Jun 2012 #14
Dokkie Jun 2012 #8
MoonRiver Jun 2012 #12
Nuclear Unicorn Jun 2012 #16
kudzu22 Jun 2012 #9
bakpakr Jun 2012 #10
MoonRiver Jun 2012 #13
nadinbrzezinski Jun 2012 #19
nadinbrzezinski Jun 2012 #17
NCTraveler Jun 2012 #18
JoePhilly Jun 2012 #21
NCTraveler Jun 2012 #22
NCTraveler Jun 2012 #23
JCMach1 Jun 2012 #24

Response to MoonRiver (Original post)

Wed Jun 27, 2012, 01:15 PM

1. Also will such a ruling mean

that state laws requiring people to have car insurance be negated?

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Response to Drale (Reply #1)

Wed Jun 27, 2012, 01:22 PM

4. That's unquestioned

There is no one claiming that states cannot require the purchase of insurance, but rather if the federal government can. MA residents will still have to buy private insurance even if the ACA is repealed.

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Response to Drale (Reply #1)

Wed Jun 27, 2012, 01:27 PM

7. You don't have to buy car insurance if you don't want to drive your car on the roads.

Not a "mandate" in the same way.

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Response to Drale (Reply #1)

Wed Jun 27, 2012, 01:44 PM

11. No, because the Feds aren't requiring car insurance

the states are. Completely different issue.

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Response to MoonRiver (Original post)

Wed Jun 27, 2012, 01:17 PM

2. if you live in a flood plain, you must buy flood insurance.

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Response to spanone (Reply #2)

Wed Jun 27, 2012, 01:20 PM

3. Or what?? nt

 

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Response to nanabugg (Reply #3)

Wed Jun 27, 2012, 01:23 PM

5. no mortgage.

If you're not carrying a mortgage, I'm not sure.

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Response to annabanana (Reply #5)

Wed Jun 27, 2012, 04:56 PM

20. I believe if your not carrying a mortgage ..

then it is your property and you can do
what you want with it ....

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Response to nanabugg (Reply #3)

Wed Jun 27, 2012, 01:24 PM

6. or you do not get a mortgage nt

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Response to littlewolf (Reply #6)

Wed Jun 27, 2012, 01:54 PM

15. Arguably different from having a fine imposed

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Response to spanone (Reply #2)

Wed Jun 27, 2012, 01:53 PM

14. Uh, no. Only if your mortgage lender requires it.

If you own your structure outright, you do not have to buy flood insurance. That's a fact that many have regretted who lost their home in a flood.

The lenders require you to purchase it, not the government.

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Response to MoonRiver (Original post)

Wed Jun 27, 2012, 01:30 PM

8. You are not forced to stay in your sex

 

you can receive sex change and be female and avoid getting drafted. Sucks for the guys but good for gals

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Response to Dokkie (Reply #8)

Wed Jun 27, 2012, 01:47 PM

12. If Congress passed a resolution to draft, women would be drafted now.

They're allowed to serve in the military, ergo they would be drafted.

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Response to MoonRiver (Reply #12)

Wed Jun 27, 2012, 01:56 PM

16. No, we're not required to register with Selective Service n/t

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Response to MoonRiver (Original post)

Wed Jun 27, 2012, 01:43 PM

9. Raising an army is one of the enumerated powers of the Federal Government

and is therefore constitutional. The question with ACA has to do with another enumerated power -- the power to regulate commerce among the several states. Does that power extend to the ability to compel commerce by individuals? We'll find out soon.

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Response to MoonRiver (Original post)

Wed Jun 27, 2012, 01:43 PM

10. Forced to buy health insurance

NOBODY is forcing anyone to purchase Health Insurance. Under the law you can still choose to purchase Health Insurance or not. Nowhere does it say you are required to Purchase Health Insurance.

If you choose not to purchase Health Insurance you must pay a penalty. That is all that is says. I personally think calling it a penalty is wrong. What it should be called is an Offset Fee. It is paid to help ensure there are enough funds available to reimburse providers through tax programs that are paid to providers.

What should have been added to the law is that if you choose not to purchase Health Insurance and do not wish to pay the penalty then you can choose to fill out and carry at all times documentation and proof that you have the funds to pay for care readily available then you get care. If funds are not available then you receive no care.

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Response to bakpakr (Reply #10)

Wed Jun 27, 2012, 01:48 PM

13. There is also a penalty if you refuse to be drafted or rather refuse to go to war when drafted.

The penalty is jail.

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Response to MoonRiver (Reply #13)

Wed Jun 27, 2012, 02:01 PM

19. You are comparing the 100 buck fine

which is NOT ENFORCEABLE, with a draft? Seriously?

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Response to MoonRiver (Original post)

Wed Jun 27, 2012, 02:00 PM

17. You of course realize raising an army is one of the enumerated powers

in the Constitution...

FAIL

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Response to MoonRiver (Original post)

Wed Jun 27, 2012, 02:00 PM

18. Article 1, Section 8, give the feds the ability to.....

"To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years"

Please show me in the constitution where the fed has the authority to force me to buy a private for profit product or be fined.

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Response to NCTraveler (Reply #18)

Wed Jun 27, 2012, 05:01 PM

21. Show me where it mentions Social Security or Medicare.

Show me where it says the government can give money to private religious schools.

Show me where it says that the President can declare a war.

The Congress has the ability to legislate interstate commerce. Health care crosses state boundaries.

Treatment for illness is not a commodity.

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Response to JoePhilly (Reply #21)

Thu Jun 28, 2012, 08:40 AM

22. Regulate. Not impose or create commerce in order to regulate. nt

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Response to JoePhilly (Reply #21)

Thu Jun 28, 2012, 08:48 AM

23. You can find the cases for the constitutionality of medicare an ss all over the internet.

The government has the right to tax. The mandate has nothing to do with taxes. If the administration expanded medicare we would not be having this issue right now. That is not what they have done.

In this instance they are not regulating commerce. They are creating commerce in order to regulate it.

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Response to MoonRiver (Original post)

Thu Jun 28, 2012, 09:04 AM

24. Easy workaround, states must mandate insurance if they want Federal health care $$$

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