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Is there precedent for the federal government fining you for not buying a product

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moobu2 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-22-10 05:35 PM
Original message
Is there precedent for the federal government fining you for not buying a product
from a private company? ((this is regarding the fines for not buying private heath insurance))

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onenote Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-22-10 05:40 PM
Response to Original message
1. not sure about federal govt.
but several states have laws that will fine you if don't buy and install a smoke detector for your house.

Of course, one could also make the point that rather than look at this as penalty, it can/should be looked at as a tax imposed on everyone to cover health care costs, with a credit back to those who purchase private health care. Sort of like the fact that the government imposes a higher level of taxes on those individuals who don't purchase hybrid cars than on those who do.
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hlthe2b Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-22-10 05:44 PM
Response to Reply #1
2. States require a bond be purchased if you try to settle an estate
where there is no will in place; States require auto insurance to drive; States and local governments may require purchase of certain business or liability insurance to qualify for contracts, grants, or to work in certain fields. Some locales require purchase of a certain type and level of insurance if you keep certain breeds of dogs in the home.... For starters...
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moobu2 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-22-10 05:46 PM
Response to Reply #1
3. Thanks, I was just curious about that line of legal attack.
somebody posted this and it pretty much covers all the legal points.

http://balkin.blogspot.com/2010/03/if-you-cant-stop-bill-just-have-another.html
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Unvanguard Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-22-10 05:48 PM
Response to Original message
4. The government adjusts tax rates in response to how people use their money all the time.
That's what a tax deduction is: you can think of it as a deduction, or you can think of it as a tax on all the people who don't spend their money on tax-deductible goods and services.

The mandate fits perfectly into this model. It is constitutional.
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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-22-10 06:01 PM
Response to Original message
5. There is no fine. There is a tax that you can avoid by having health insurance.
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moobu2 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-22-10 06:39 PM
Response to Reply #5
6. I see now. Thanks n/t
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