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Reply #52: You're making a big leap of logic. [View All]

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Xithras Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-13-10 11:44 PM
Response to Reply #39
52. You're making a big leap of logic.
Congress has the ability to regulate the interstate sales of health insurance via the Commerce Clause. Congress has the ability to pass other peripheral laws relating to the sales of health insurance via the Necessary and Proper Clause. No real dispute there.

But, in order for Congress to expand their regulation, they have to show a connection. If there is no sale, there is no connection. If there is no COMMERCE based connection between me and a Federally regulatable industry, upon what OTHER constitutionally vested power do you base your application of the Necessary and Proper Clause? The anti-Federalists lost this argument 200 years ago, and American jurisprudence has largely held that it cannot be applied willy-nilly to any subject that Congress is interested in regulating.

The HC Mandate advocates often lie to the public and try to claim that everyone who isn't covered is a drain to the system. That's untrue, and many Americans seek medical care today on a cash basis, pay their bills, and impose no burden on the taxpayers. Upon what Constitutional basis will you apply the Elastic Clause to dictate that such people be forced to purchase insurance they neither want or need?

Congress has the power to pass nearly unlimited regulation of the insurance companies using the two clauses. Congress does not have the right to pass unlimited regulation on individuals using those clauses, unless there is a clear connection between them AND a regulated industry. If you're not engaging that industry in any way, it's a huge leap to simply assume there is a regulatable connection.
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