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#77 Feb 02 2011 at 2:47 AM Rating: Decent
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It's not like people get thrown in jail if they choose not to buy health insurance, they just get taxed slightly higher, just like we tax people slightly higher or lower for dozens and dozens of other reasons without the supreme court having to rule on each one.


Except this isn't a tax, this is a penalty for not buying health insurance being disguised as a tax. That argument didn't fly at all with the courts.

And the main point of law that's being used in the Constitution is the Commerce Clause. The question here is "Does the Commerce Clause allow Congress to require citizens to purchase a product and/or a service?". Two judges have said yes, and two have said no so far, with the biggest case saying no, and this is the question that will ultimately end up before the Supreme Court.

Really, I think the judge in this case has made a good point. If the federal government can require people to buy and carry health insurance, what's to stop them from requiring people to buy and eat healthy fruits and vegetables? Or pulling out a mortgage on a home that people own? Or buying GM electric cars (even if they have a driving radius of 80 miles or so)? It would give Congress way too much power, and render the idea of a limited federal government meaningless.
#78 Feb 02 2011 at 4:17 AM Rating: Good
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Keylin wrote:
Quote:
It's not like people get thrown in jail if they choose not to buy health insurance, they just get taxed slightly higher, just like we tax people slightly higher or lower for dozens and dozens of other reasons without the supreme court having to rule on each one.


Except this isn't a tax, this is a penalty for not buying health insurance being disguised as a tax. That argument didn't fly at all with the courts.

And the main point of law that's being used in the Constitution is the Commerce Clause. The question here is "Does the Commerce Clause allow Congress to require citizens to purchase a product and/or a service?". Two judges have said yes, and two have said no so far, with the biggest case saying no, and this is the question that will ultimately end up before the Supreme Court.

Really, I think the judge in this case has made a good point. If the federal government can require people to buy and carry health insurance, what's to stop them from requiring people to buy and eat healthy fruits and vegetables? Or pulling out a mortgage on a home that people own? Or buying GM electric cars (even if they have a driving radius of 80 miles or so)? It would give Congress way too much power, and render the idea of a limited federal government meaningless.


Which is why it should have been implemented like a public utility rather than insurance mandate.
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#79 Feb 02 2011 at 4:53 AM Rating: Decent
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Which is why it should have been implemented like a public utility rather than insurance mandate.


Maybe, but at the time, even with a majority in the House and a super majority in the Senate, the Health Care bill barely passed with a slim majority.

The single payer option, the one that you suggested, just wasn't politically viable at the time, and even less so now.
#80 Feb 02 2011 at 5:43 AM Rating: Good
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Timelordwho wrote:
Keylin wrote:
Quote:
It's not like people get thrown in jail if they choose not to buy health insurance, they just get taxed slightly higher, just like we tax people slightly higher or lower for dozens and dozens of other reasons without the supreme court having to rule on each one.


Except this isn't a tax, this is a penalty for not buying health insurance being disguised as a tax. That argument didn't fly at all with the courts.

And the main point of law that's being used in the Constitution is the Commerce Clause. The question here is "Does the Commerce Clause allow Congress to require citizens to purchase a product and/or a service?". Two judges have said yes, and two have said no so far, with the biggest case saying no, and this is the question that will ultimately end up before the Supreme Court.

Really, I think the judge in this case has made a good point. If the federal government can require people to buy and carry health insurance, what's to stop them from requiring people to buy and eat healthy fruits and vegetables? Or pulling out a mortgage on a home that people own? Or buying GM electric cars (even if they have a driving radius of 80 miles or so)? It would give Congress way too much power, and render the idea of a limited federal government meaningless.


Which is why it should have been implemented like a public utility rather than insurance mandate.
Like Alberta's universal healthcare, I suppose.
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#81 Feb 02 2011 at 6:41 AM Rating: Default
Kachi wrote:
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Well, the argument here is that sooner or later everyone interacts with law enforcement. If everyone was contributing to their own defense, we wouldn't need to spend so much on police. You can't just claim you'll never use the service because if you get shot or get robbed at gunpoint on the street the police will be called regardless.


How is this an argument? It's based on an extremely dubious presumption that crime would decrease and police involvement would be reduced. I could easily see how it would be the opposite.

You should breath less.
#82 Feb 02 2011 at 6:44 AM Rating: Decent
Guenny wrote:
gibberish

Tell Hooters I'll start going more if they'll hire you back so you get less time to post.
#83 Feb 02 2011 at 8:20 AM Rating: Excellent
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MoebiusLord wrote:
Well, the argument here is that sooner or later everyone interacts with law enforcement. If everyone was contributing to their own defense, we wouldn't need to spend so much on police. You can't just claim you'll never use the service because if you get shot or get robbed at gunpoint on the street the police will be called regardless.

That would be a brilliant bit of sarcasm if not for the fact that, you know, the Founding Fathers already felt that mandating private citizens to purchase things whether they want them or not or else be in violation of the law was perfectly okey-dokey.
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#84 Feb 02 2011 at 8:34 AM Rating: Good
Jophiel wrote:
MoebiusLord wrote:
Well, the argument here is that sooner or later everyone interacts with law enforcement. If everyone was contributing to their own defense, we wouldn't need to spend so much on police. You can't just claim you'll never use the service because if you get shot or get robbed at gunpoint on the street the police will be called regardless.

That would be a brilliant bit of sarcasm if not for the fact that, you know, the Founding Fathers already felt that mandating private citizens to purchase things whether they want them or not or else be in violation of the law was perfectly okey-dokey.

I don't know about brilliant; suitably snarky, perhaps, but probably not brilliant.
#85 Feb 02 2011 at 8:54 AM Rating: Good
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Except this isn't a tax, this is a penalty for not buying health insurance being disguised as a tax.
Regardless of whether it is a penalty or a deduction it's still just a tax. There are plenty of other tax rate modifications that favor or disfavor other hundreds of other life choices. It's common place, well within congresses power, not even close to unconstitutional.
#86 Feb 02 2011 at 10:11 AM Rating: Decent
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Regardless of whether it is a penalty or a deduction it's still just a tax. There are plenty of other tax rate modifications that favor or disfavor other hundreds of other life choices. It's common place, well within congresses power, not even close to unconstitutional.


Except, it isn't a tax, but a penalty. It hasn't flown through any of the four courts (even the two that did allow the Health Care bill to stand). Calling a penalty a tax doesn't make it a tax, and no one's buying that.

This bill is clearly in the Commerce clause, especially the individual mandate, and it's going to be judged accordingly.

Now, if Congress came up with a single payer system like Medicare and Medicade, then that might be a different story.
#87 Feb 02 2011 at 10:20 AM Rating: Good
It would have been very simple to make it a tax. They could have written it in to the tax code as a fixed charge to everyone and changed the code to allow a deduction of health insurance premiums up to the amount of the tax. They could have included rebates for lower income people so they wouldn't be subject to the tax. In any number of ways they could have made it a tax.

They sold the bill to congress and to the American people by saying "this is not a tax.", so all of you out there who are so keen on using peoples' words against them, there you have it. In keeping with the time honored tradition of politicians (even those who are going to deliver us from the evil Georj Boosh) being duplicitous sons of ******** there has been a complete reversal and the Justice Department is arguing it as a tax in court.
#88 Feb 02 2011 at 10:49 AM Rating: Excellent
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MoebiusLord wrote:
(even those who are going to deliver us from the evil Georj Boosh)

S'up, Totem?
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#89 Feb 02 2011 at 11:06 AM Rating: Good
Keylin wrote:
Quote:
Regardless of whether it is a penalty or a deduction it's still just a tax. There are plenty of other tax rate modifications that favor or disfavor other hundreds of other life choices. It's common place, well within congresses power, not even close to unconstitutional.


Except, it isn't a tax, but a penalty.

Quote:
Fuel CO2 Emissions Tax "Environmental Penalty" gasoline 19.6 lb/US gal (2.35 kg/L) $0.11/USgal ($0.028/L) diesel fuel 22.4 lb/US gal (2.68 kg/L) $0.12/USgal ($0.032/L) jet fuel 22.1 lb/US gal (2.65 kg/L) $0.12/USgal ($0.032/L)

ZOMG SOMEBODY WHIP OUT COMMERCE CLAUSE

It's retarded that people expect that this is going to amount to anything more than political pandering on the part of the GOP, there is even prior precedent for the federal government's ability to regulate interstate commerce extending to insurance ala United States v. South-Eastern Underwriters Association (322 U.S. 533 (1944)).
Quote:
It hasn't flown through any of the four courts (even the two that did allow the Health Care bill to stand)
You mean other than the 12(?) that outright dismissed it as completely ridiculous?
#90 Feb 02 2011 at 11:09 AM Rating: Good
Professor shintasama wrote:

Quote:
Fuel CO2 Emissions Tax "Environmental Penalty" gasoline 19.6 lb/US gal (2.35 kg/L) $0.11/USgal ($0.028/L) diesel fuel 22.4 lb/US gal (2.68 kg/L) $0.12/USgal ($0.032/L) jet fuel 22.1 lb/US gal (2.65 kg/L) $0.12/USgal ($0.032/L)

ZOMG SOMEBODY WHIP OUT COMMERCE CLAUSE

Don't be stupid. You are not required to purchase any of the above. I don't give a flying f'uck whether you're for or against the current health care law, but be less of a f'ucking idiot when arguing your side.
#91 Feb 02 2011 at 11:29 AM Rating: Excellent
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not required by law, but pretty much required none the less.
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#92 Feb 02 2011 at 11:32 AM Rating: Good
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Sir Xsarus wrote:
not required by law, but pretty much required none the less.
How so? If you don't drive, fly or take the bus, you would never need any of those. And driving is actually creating alternatives anyway. A lot of people who live in major cities never need any of those 3.

Edited, Feb 2nd 2011 1:33pm by Uglysasquatch
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#93 Feb 02 2011 at 11:33 AM Rating: Excellent
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Smiley: thumbsup
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#94 Feb 02 2011 at 11:35 AM Rating: Good
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Sir Xsarus wrote:
Smiley: thumbsup
So my "J" is ready in 27 posts?
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#95 Feb 02 2011 at 11:55 AM Rating: Good
Sir Xsarus wrote:
not required by law, but pretty much required none the less.

So you're saying you grasp the difference? Or are you implying that it eludes you? I don't want to assume because you're Canadian, so I don't really know what to expect.
#96 Feb 02 2011 at 12:00 PM Rating: Decent
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Quote:
Fuel CO2 Emissions Tax "Environmental Penalty" gasoline 19.6 lb/US gal (2.35 kg/L) $0.11/USgal ($0.028/L) diesel fuel 22.4 lb/US gal (2.68 kg/L) $0.12/USgal ($0.032/L) jet fuel 22.1 lb/US gal (2.65 kg/L) $0.12/USgal ($0.032/L)


ZOMG SOMEBODY WHIP OUT COMMERCE CLAUSE


Right...so how many taxes do you know of based on people NOT buying something?

Quote:
It's retarded that people expect that this is going to amount to anything more than political pandering on the part of the GOP, there is even prior precedent for the federal government's ability to regulate interstate commerce extending to insurance ala United States v. South-Eastern Underwriters Association (322 U.S. 533 (1944)).


Really missing the point here. The question isn't "Can Congress regulate insurance?", the question is, "Can Congress require people, as a condition of living in the United States, to purchase a private product (in this case, health insurance)?". The individual mandate by the federal government is unprecedented in American history, as noted by the CBO.

Quote:
You mean other than the 12(?) that outright dismissed it as completely ridiculous?


Don't be dense here. You know full well I meant the four courts that actually tried this case.
#97 Feb 02 2011 at 12:18 PM Rating: Good
Keylin wrote:
Quote:
You mean other than the 12(?) that outright dismissed it as completely ridiculous?


Don't be dense here. You know full well I meant the four courts that actually tried this case.

Don't be stupid. That was his point. Of 16(?) cases, only 4 were not dismissed meaning the majority weren't even argued, let alone agonized over. I don't give a flying f'uck whether you're for or against the current health care law, but be less of a f'ucking idiot when arguing your side.
#98 Feb 02 2011 at 3:24 PM Rating: Decent
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You should breath less.


You should breath more. Maybe get some oxygen to that polished stone you're using for a brain.

On topic:

How is forcing people to pay for healthcare fundamentally different from forcing them to take baths, forcing them to take care of their property according to local ordinance, forcing them not to smoke in certain public arenas, etc.? It affects other people, both economically and their health.
#99 Feb 02 2011 at 3:32 PM Rating: Good
Kachi wrote:
How is forcing people to pay for healthcare fundamentally different from forcing them to take baths [...]


We force people to take baths?
#100 Feb 02 2011 at 3:36 PM Rating: Decent
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I believe there are local/state laws that require people to bathe, but I could be mistaken.
#101 Feb 02 2011 at 3:39 PM Rating: Good
Kachi wrote:
I believe there are local/state laws that require people to bathe, but I could be mistaken.


Huh. I've never heard of that.

But then... I do live in Tennessee...
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