General Discussion

EOTE

(13,409 posts)

37. It seems to me to be a distinction without a difference.

Thu Jun 28, 2012, 06:41 AM

Jun 2012

So as soon as you cross the line from the federal government to private enterprise, THAT'S when it becomes a violation of the first amendment? Yes, ostensibly the government is supposed to be on our side, but you and I know that's not always the case. Just as the health care industry is supposed to be on our side.

Also, the government subsidizes lots of private industry using our tax dollars, wouldn't that be considered a violation as well? And the benefit of the mandate is supposed to be price controls, and that would be impossible to negotiate without it, so it seems to me the mandate could be said to be for the public good.

Perhaps I'm not familiar with the intricacies of constitutional law, but the draft seems to me to be a fairly outrageous use of government power and it has held up for many, many years without being struck down. A mandate for health insurance seems so incredibly benign compared to compulsory military service.

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39 replies

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Is the mandate a violation of the First Amendment? [View all] Uncle Joe Jun 2012 OP

How does the ACA violate the 1st Amendment? COLGATE4 Jun 2012 #1

Here is the text. Uncle Joe Jun 2012 #5

It would take more pages than I have the energy COLGATE4 Jun 2012 #38

I was thinking along the same lines this morning. EFerrari Jun 2012 #2

You get a tax break for your Mortgage Insurance. JoePhilly Jun 2012 #3

No one forces anyone to buy a house, that is a choice, you don't get fined for not owning a house. sabrina 1 Jun 2012 #8

You don;t have to buy insurance. JoePhilly Jun 2012 #10

I'm saying that there are people who cannot afford it. Even a small extra amount of money sabrina 1 Jun 2012 #12

If you don;t make enough, you get either a subsidy or an exemption. JoePhilly Jun 2012 #20

Getting a tax break and receiving a fine are two different things, even Uncle Joe Jun 2012 #32

FIRST Amendment? elleng Jun 2012 #4

Where money is speech -- as the Supreme Court has decided it is? EFerrari Jun 2012 #13

Have to get there in other ways, EF. elleng Jun 2012 #19

Did you miss the part about speech? Uncle Joe Jun 2012 #21

And they are. elleng Jun 2012 #35

This law abridges the peoples' political speech via economic means. Uncle Joe Jun 2012 #36

The whole "mandate" thing is a ruse..... Swede Atlanta Jun 2012 #6

+100 JoePhilly Jun 2012 #11

I disagree.... matmar Jun 2012 #17

Only because this is something they have been trying to do for decades and they were not sabrina 1 Jun 2012 #18

Those taxes go to the peoples' elected agents; that being the government to do as it wishes. Uncle Joe Jun 2012 #23

No. Citizens United is. HopeHoops Jun 2012 #7

Considering that money is speech now, not something the FFs probably had in mind, but sabrina 1 Jun 2012 #9

I see it as using their own framing against them. EFerrari Jun 2012 #14

Your logic is flawless. Motown_Johnny Jun 2012 #15

I have a big problem with the mandate, but I'm not following your logic. EOTE Jun 2012 #16

No because taxes go to your elected representatives; the government, supposedly you Uncle Joe Jun 2012 #24

It seems to me to be a distinction without a difference. EOTE Jun 2012 #37

There already is a mandate for auto insurance. trof Jun 2012 #22

That's only if you purchase an automobile and that pertains Uncle Joe Jun 2012 #25

No, you don't have to purchase an automobile. trof Jun 2012 #31

no more of less than the income tax does. unblock Jun 2012 #26

But you don't send the check directly to the Government Contractors, it goes to the IRS 1-Old-Man Jun 2012 #27

no, you pay the income tax or "penalty" or whatever you want to call it to the irs. unblock Jun 2012 #29

Is it a penalty if you don't get a mortgage? sadbear Jun 2012 #28

I get so depressed ... 1StrongBlackMan Jun 2012 #30

+1000 trof Jun 2012 #33

I wouldn't care if I didn't believe the ACA with the mandate to be a Trojan Horse. Uncle Joe Jun 2012 #34

WTF....have you read the First Amendment?!?! cbdo2007 Jun 2012 #39