October 08, 2010
— Dave in Texas Including the mandate.
He thinks the lawsuits working their way through the courts will push it to SCOTUS, and he also thinks there are just enough votes there to kill a federal requirement that citizens must enter into financial covenants with private companies for health insurance.
"It's going to the Supreme Court, and the Supreme Court's going to decide whether or not the Constitution of the United States permits the government to order the American people to purchase goods or services, whether they want them or need them or not," Pence said Friday on WLS radio in Indiana.The Indiana lawmaker, and potential 2012 presidential candidate, has been among the crowd of Republicans to question whether a central part of Democrats' healthcare reform bill is constitutional. The crux of their argument is that the individual mandate — the section of the law requiring individuals to have health insurance of some sort — violates the Constitution.
Federal judges are funny critters, and oddly enough, disagree with interpretations of the Commerce clause at least as much as the rest of us.
One argument that has always fallen flat with me, is the comparison between "the federal government requiring you to purchase health insurance" and "a state government requiring you to purchase car insurance."
The state of Texas does not require drivers to purchase automobile insurance. The state of Texas does require a licensed driver to demonstrate "proof of financial responsibility", that is, your ability to cover the cost, up to certain amounts, of damage or injury as a result of your negligence.
Not insurance. The privilege of driving a vehicle here is granted with the requirement that you can demonstrate your ability to pay for your mistakes. That most of us choose to demonstrate this with liability insurance does not change the intent or meaning of the law.
I don't know why I'm rambling about insurance when all this crap is really about is buying votes with taxpayer money, and further enslaving us to our "betters".
Let's do this instead. Don't leave one candidate hanging.
Posted by: Dave in Texas at
04:52 PM
| Comments (86)
Post contains 367 words, total size 2 kb.
Posted by: lorien1973 at October 08, 2010 04:56 PM (ZXnUe)
No state requires insurance merely to move from one place to the other. If a person opts not to purchase auto insurance, there are multiple options available: bus, taxi, hitchhike, bicycle, etc., etc.
You don't have any choice to not breathe.
Posted by: Drumwaster at October 08, 2010 04:57 PM (dWFSK)
Posted by: dogfish at October 08, 2010 04:59 PM (D4uK9)
Posted by: William_Shatner's_Pants at October 08, 2010 05:02 PM (dhz9q)
Imagine if Pepsi is legislated to be the “cola that must be bought by Americans.” Coke would have to fold it’s tent.
Posted by: Bitchen Meg at October 08, 2010 05:05 PM (tE8FB)
So I'm curious if any other country on this planet (even, say Cuba or the former USSR) ever requires(d) a person to purchase a product as a requirement for lawful residence. Is there any?
In Switzerland, you're required to own a gun..
...that's a cool law
Posted by: beedubya at October 08, 2010 05:06 PM (AnTyA)
Under the bogus premise that one cannot completely opt out of the healthcare market.
Posted by: Kratos (Ghost of Sparta) at October 08, 2010 05:06 PM (c0A3e)
Posted by: dagny at October 08, 2010 05:06 PM (ZVVSe)
Posted by: dagny at October 08, 2010 09:06 PM (ZVVSe)
All three of them?
Double, double toil and trouble;
Fire burn, and cauldron bubble!
Posted by: CoolCzech at October 08, 2010 05:08 PM (tJjm/)
Posted by: RushBabe at October 08, 2010 05:09 PM (a3Z62)
Posted by: dagny at October 08, 2010 05:09 PM (ZVVSe)
1.The right to bear arms
2. Interstate commerce
3. Equality
4. Marriage
5. LIFE
Does anyone still think we don't need some Constitutional Amendments? And fast? I wonder if they would even do any good with the way office holders now routinely get away with abdicating their duty to uphold and defend a law simply because they don't agree with it.
Posted by: Rocks at October 08, 2010 05:10 PM (AoVGn)
Posted by: dagny at October 08, 2010 09:06 PM (ZVVSe)
Will the lebanese have to recuse herself since she was in on this monstrosity when it was unleashed?
Posted by: RushBabe at October 08, 2010 05:10 PM (a3Z62)
Posted by: dagny at October 08, 2010 09:09 PM (ZVVSe)
I think I saw her on display at the King Tut Exhibition in Denver this year.
Posted by: CoolCzech at October 08, 2010 05:11 PM (tJjm/)
Will the lebanese have to recuse herself since she was in on this monstrosity when it was unleashed?
Posted by: RushBabe at October 08, 2010 09:10 PM (a3Z62)
Well, if she had any decency, sure...
Wait!
Posted by: CoolCzech at October 08, 2010 05:12 PM (tJjm/)
The difference between states requiring drivers to buy insurance and the Obamacare mandate is even more fundamental. If as a driver you can't prove your financial responsibility by buying auto insurance or in some other way (or you just don't wish to), you're not automatically breaking the law. You only break the law if you then choose to drive.
On the other hand, under Obamacare, there is no way to not break the law. If you're breathing, you have to buy medical coverage.
Oh wait. You can decide not to live by putting a bullet in your head. Then I suppose you're excused from buying coverage.
Posted by: Cicero at October 08, 2010 05:12 PM (Jl3/t)
Posted by: dagny at October 08, 2010 05:14 PM (ZVVSe)
Posted by: Cicero at October 08, 2010 09:12 PM (Jl3/t)
...and in many states, only liability is required
It's a stupid fucking analogy...but that doesn't stop the jug eared idiot Ogabe and the rest of the libtards
Posted by: beedubya at October 08, 2010 05:16 PM (AnTyA)
Posted by: Vic at October 08, 2010 05:17 PM (/jbAw)
We were just told today that, starting in 2013, the company for which I work (a VERY large enterprise with VERY GOOD health insurance) will be moving us to a HSA/Copay model (we currently have 0 in copay), starting in....(drumroll....)
2013.
Gosh, I wonder what is significant about that date?
Apparently the cost of health insurance is increasing rapidly, outpacing even *our* ability to make money. Go Obamacare!!!
I fucking hate these pieces of shit that did this to us. LITERALLY hate them, with a special feeling reserved only for child rapists.
Posted by: blindside at October 08, 2010 05:17 PM (X1Y8q)
Or, that is the way it is supposed to work.
The main reason that it is unconstitutional is that there is NOTHING in the list of things that the Congress can do that supports health care.
Posted by: Vic at October 08, 2010 05:20 PM (/jbAw)
If you conservative complainers are unhappy with mandated Obama Care, you're really going to be irritated when Obama and his minions at Government Motors required you to purchase the Chevrolet Volt.
It's cheap at 41K, and with a taxpayer funded $7500 discount, it's a bargain at $33,500.
PS - The home charger has now been priced at a bargain $490. Not a game changer, but the cost of installation of the charger is now estimated at $1475?
Just imagine, you can now take it up the ass for only $35,500, and you will enjoy it.
Posted by: Fish at October 08, 2010 05:21 PM (v1gw3)
Posted by: dagny at October 08, 2010 05:21 PM (ZVVSe)
Remember Ogabe's tale of woe regarding car insurance?
When I was young, just got out of college, I had to buy auto insurance. I had a beat-up old car. And I won’t name the name of the insurance company, but there was a company — let’s call it Acme Insurance in Illinois. And I was paying my premiums every month. After about six months I got rear-ended and I called up Acme and said, I’d like to see if I can get my car repaired, and they laughed at me over the phone because really this was set up not to actually provide insurance; what it was set up was to meet the legal requirements. But it really wasn’t serious insurance.The genius Harvard law grad couldn't even figure out the difference between liability and collision coverage..
...and if he were rear ended as he claimed...the other guy was liable
Posted by: beedubya at October 08, 2010 05:22 PM (AnTyA)
The Colbert Democrats
3 days before the election - two democrat comedians will do what they can to promote their party and their parties incompetence.
Posted by: Lemon Kitten at October 08, 2010 05:22 PM (0fzsA)
Posted by: ParisParamus at October 08, 2010 05:23 PM (gMzAL)
Posted by: dagny at October 08, 2010 05:24 PM (ZVVSe)
Posted by: RushBabe at October 08, 2010 05:25 PM (a3Z62)
Just to create hate and discontent on the thread, let me state that S E Cupp with her librarian glasses is in Washington tonight humping some guy and it's not you.
Posted by: Fish at October 08, 2010 05:26 PM (v1gw3)
Who grants you that privilege, DiT?
Posted by: Otis Criblecoblis at October 08, 2010 05:27 PM (kJXs1)
mostly dead ginsberg
In fairness to Ginsberg, she's fighting pancreatic cancer. It's particularly nasty and I wouldnt wish it on anyone.
Posted by: Chris in Va at October 08, 2010 09:25 PM (uCjoj)
Good to know, Chris. On the other hand, I wouldn't wish Justice Ginsberg on anyone, either.
Posted by: CoolCzech at October 08, 2010 05:27 PM (tJjm/)
I can go one better. Mary Katharine Ham is humping someone who is not only not you, but also a hardcore lib.
Posted by: Chris in Va at October 08, 2010 09:27 PM (uCjoj)
I believe he's a professor, and yes it's depressing because she could be humping a true conservative with moronic tendencies.
Posted by: Fish at October 08, 2010 05:28 PM (v1gw3)
Posted by: Ruth Ginsberg at October 08, 2010 09:24 PM (Jl3/t)
You're not fooling anyone, you know!
Posted by: CoolCzech at October 08, 2010 05:28 PM (tJjm/)
Posted by: Fish at October 08, 2010 09:26 PM (v1gw3)
Whatever man. Eat your heart out.
Posted by: Delta Smelt in Maryland Humping the Senior Senator at October 08, 2010 05:29 PM (A0VTZ)
I can go one better. Mary Katharine Ham is humping someone who is not only not you, but also a hardcore lib.
Posted by: Chris in Va at October 08, 2010 09:27 PM (uCjoj)Oh God, those sweet, long legs wrapped around the pimply hairy back of some liberal. What is wrong with her?
Posted by: CoolCzech at October 08, 2010 05:30 PM (tJjm/)
O/T - Obama vacation photos -- and not the ones you think.
Dorothea Lange's brand of photography has come back in style in the Obama Economy. Nice pshop though.
Posted by: Cicero at October 08, 2010 05:30 PM (Jl3/t)
37
Ginsberg about Roe v Wade, the 1973 ruling that legalised abortion:
Frankly I had thought that at the time Roe was decided, there was concern about population growth and particularly growth in populations that we donÂ’t want to have too many of. So that Roe was going to be then set up for Medicaid funding for abortion.
Posted by: dagny at October 08, 2010 05:31 PM (ZVVSe)
Would the Maryland Senator be Barbara Mikulski? If so, whomever is the selected humpee is a very lucky man (woman)?
Posted by: Fish at October 08, 2010 05:31 PM (v1gw3)
Posted by: Jane D'oh, first class flight attendant at October 08, 2010 05:32 PM (UOM48)
Posted by: Unclefacts, AoSHQ Pro Debate Team at October 08, 2010 05:32 PM (eCAn3)
In fairness to Ginsberg, she's fighting pancreatic cancer. It's particularly nasty and I wouldnt wish it on anyone.
Posted by: Chris in Va at October 08, 2010 09:25 PM (uCjoj)
Not only that but she just buried her husband. I hate her politics but give the old broad a break as far as her illness is concerned.
Posted by: Rocks at October 08, 2010 05:32 PM (AoVGn)
Posted by: Chris in Va at October 08, 2010 09:30 PM (uCjoj)
Yes, suddenly a white flag with the word BANG! will pop out of the business end.
Posted by: CoolCzech at October 08, 2010 05:32 PM (tJjm/)
Posted by: Jane D'oh, first class flight attendant at October 08, 2010 09:32 PM (UOM4
Umm... may I subscribe to your newsletter?? Please??
Posted by: CoolCzech at October 08, 2010 05:34 PM (tJjm/)
Doesn't that count as necrophilia? Because I swear she's not really alive and hasn't been in a decade.
Posted by: Chris in Va at October 08, 2010 09:33 PM (uCjoj)
I sometimes confuse Babs Mikulski with the original Skeletor, Alan Colmes.
Posted by: Fish at October 08, 2010 05:34 PM (v1gw3)
Posted by: Jane D'oh, first class flight attendant at October 08, 2010 05:35 PM (UOM48)
Posted by: IllTemperedCur at October 08, 2010 05:36 PM (9Lm5R)
I look forward to the day when Nancy Pelosi is on Maury Povich describing her tale of woe when the republicans fucked her but didn't kiss her.
Posted by: Fish at October 08, 2010 05:36 PM (v1gw3)
Posted by: Hrothgar at October 08, 2010 05:36 PM (Wners)
In fairness to Ginsberg, she's fighting pancreatic cancer. It's particularly nasty and I wouldnt wish it on anyone.
Posted by: Chris in VaYou're too nice about her... Liberal blogs would be wishing pancreatic cancer upon any and everyone on the right.
Posted by: Dave C at October 08, 2010 05:37 PM (yZDkF)
What sucks about her is her politics, and her rulings will continue to gnaw at the sinews of this nation long after her passing. That deserves no slack.
Posted by: CoolCzech at October 08, 2010 05:38 PM (tJjm/)
Liberal blogs would be wishing pancreatic cancer upon any and everyone on the right.
Posted by: Dave C at October 08, 2010 09:37 PM (yZDkF)
Well Dave, that would never be the case if the unfortunate person was Dick Cheney, and you know it?
Posted by: Fish at October 08, 2010 05:38 PM (v1gw3)
Posted by: Mallamutt, that was 36..do it again, you get 124 pt. megafont bomb at October 08, 2010 09:36 PM (OWjjx
My bad. I really should have saved that for the ONT. The humanity!
Posted by: Delta Smelt at October 08, 2010 05:39 PM (A0VTZ)
Posted by: Hrothgar at October 08, 2010 05:39 PM (Wners)
And Rehnquist wasn't a big abortion advocate. I couldn't work up a lot of sympathy for Kennedy either. Sorry.
Posted by: dagny at October 08, 2010 05:41 PM (ZVVSe)
Posted by: Jean at October 08, 2010 05:41 PM (CPefM)
What was said about Tony Snow will never be forgotten by conservatives, and it was a brutal display of liberal arrogance and disregard for human life. Just the position they take with the unborn. Assholes!
Posted by: Fish at October 08, 2010 05:41 PM (v1gw3)
Posted by: IllTemperedCur at October 08, 2010 05:43 PM (9Lm5R)
Posted by: RushBabe at October 08, 2010 09:25 PM (a3Z62)
This, this is funny. FUNNY! I really like the Erkel on a bike one's.
And it's so real. "What I could really use is a break!" No shit, sherlock. Socializin' and Communizin' is hard. Who'da thunk?
Posted by: TheGhostWhoEndsThreads at October 08, 2010 05:43 PM (9tt+Z)
Who could forget the openness and warmth displayed to republicans at the Wellstone funeral by those in attendance?
Posted by: Fish at October 08, 2010 05:44 PM (v1gw3)
Posted by: CoolCzech at October 08, 2010 09:38 PM (tJjm/)
Don't mind me while I fantasize about that above-mentioned Constitutional Convention, where the majority of the states nullify every soul-crushing decision ever made by the Supremes (and Congress for that matter). Just think. They could up-end more than 200 years of bad law in a few days if they had a clear, concise effort. Yeah, I know you don't want a CC unless it's absolutely necessary, but this would sure be a quick fix out of our bad laws.
Posted by: RushBabe at October 08, 2010 05:46 PM (a3Z62)
Fish, that syphilitic, horny three-legged camel with mange, dysentery, genital warts and a raging boner that's lounging on your bed?
Turnabout's fair play, you fuck.
Posted by: IllTemperedCur at October 08, 2010 09:43 PM (9Lm5R)
When she called, I refused to see her, and Paris Hilton went away and took her penicillin and Peruvian Marching Powder with her.
Posted by: Fish at October 08, 2010 05:46 PM (v1gw3)
Posted by: Hrothgar at October 08, 2010 09:39 PM (Wners)
AFAIK, muzzies and the Amish are the only folks allowed exemptions. However, the muzzies will have access to healthcare w/out paying because their religion says they don't have to buy anything. Dhimmitude on 'roids.
Posted by: RushBabe at October 08, 2010 05:49 PM (a3Z62)
My bad. I really should have saved that for the ONT. The humanity!
Posted by: Delta Smelt at October 08, 2010 09:39 PM (A0VTZ)
Umm...no, no you shouldn't have saved it for there either
Posted by: chemjeff at October 08, 2010 05:49 PM (E97ku)
Don't mind me while I fantasize about that above-mentioned Constitutional Convention, where the majority of the states nullify every soul-crushing decision ever made by the Supremes (and Congress for that matter). Just think. They could up-end more than 200 years of bad law in a few days if they had a clear, concise effort. Yeah, I know you don't want a CC unless it's absolutely necessary, but this would sure be a quick fix out of our bad laws.
Posted by: RushBabe at October 08, 2010 09:46 PM (a3Z62)
I'd settle for a cc with a strict mandate limited to limiting the application of the commerce clause to specifically listed functions, and oh yeah, declaring the EPA, Department of Energy, and Department of Education unconstitutional.
Posted by: CoolCzech at October 08, 2010 05:55 PM (tJjm/)
We just had an election that 52% of the ignorant masses of this country voted in an uninvestigated Marxist. Do we really want to trust that we can improve the Constitution without educating these idiots?
I am not really looking for a revolution, I'm just ready for it.
Posted by: TheGhostWhoEndsThreads at October 08, 2010 06:01 PM (9tt+Z)
We just had an election that 52% of the ignorant masses of this country voted in an uninvestigated Marxist. Do we really want to trust that we can improve the Constitution without educating these idiots?
States control who they would sent to represent them, and the majority would be from R states. The Founders actually sent out tutors to inform representatives of what was to be discussed and the pros and cons of each item. I could see the Tea Party leadership teaming up with some major-league legal conservative brains to work out the details of the tutoring.
Posted by: RushBabe at October 08, 2010 06:05 PM (a3Z62)
I know that is the popular thinking, and I don't want to burst any bubbles, but RIGHT NOW, we have a majority of DEMOCRATS in office. Not wanting to be the dick here, but, if we can call a constitutional convention next year to get what we want clarified, what keeps the Dems from doing the same thing on their next cycle?
Repeating myself, because I don't know the answer, but what keeps them from doing the same thing? And doesn't that lend us to thinking that the constitution is a 'living document'? And I guarantee you, I'm not a concerned conservative or any other type of queer troll, I just don't think that genie needs let out of the bottle.
Posted by: TheGhostWhoEndsThreads at October 08, 2010 06:21 PM (9tt+Z)
A state government isn't the federal government. You can move out of a state.
Posted by: Jay at October 08, 2010 06:37 PM (EKpAZ)
Posted by: Eric Lindholm at October 08, 2010 07:16 PM (nMUCF)
Unless you are wanting to vote Democrat in Chicago.Then, you can obviously be dead and voting at the same time.
Posted by: TheGhostWhoEndsThreads at October 08, 2010 07:29 PM (9tt+Z)
Posted by: vae victus at October 08, 2010 07:47 PM (oi4Yx)
Anytime the SCOTUS picks up a case it bugs me. There is no longer any rhyme or reason behind their decisions. Despite what people want to believe, SCOTUS decisions are not bound by the Constitution, nor by any idea of natural rights, nor by reason, and nor by precedent. Throughout the whole year of 2002, eighty-three leading constitutional scholars and law professors went up against a computer alogorithm to see who could predict SCOTUS outcomes. The computer algo smoked them (computer: 75% correct, scholars: 59% correct). The computer algorithm took into account a whopping 6 variables, half of which where "who's who" type of variables. They were things like which federal district the case originated in, and who where the litigants. That's the kind of thing that's driving SCOTUS decisions these days, and it makes me shudder. Just with the Congress, the best SCOTUS is an adjourned SCOTUS!
Posted by: Cowboy at October 08, 2010 07:58 PM (XYcTY)
1. Driving is a PRIVILEGE, not a right. In some states you have to purchase insurance or demonstrate financial responsibility in order to qualify to be granted that PRIVILEGE.
Living and the pursuit of happiness are RIGHTS (Declaration of Independence, one of the four Organic Laws of the United States). You don't have to do anything to have that right. Obamacare would force you to purchase a commercial product in order to keep your rights to life and pursuit of happiness, unless your idea of happiness is a jail cell. (Don't pay teh fine and see what ahppens.)
2. Anyway, auto insurance requirements are by the States, not the Feds; basic constitutional difference in enumerated powers.
3. Operation of a motor vehicle presents inherent risks to others, which can be partially mitigated by requiring liability insurance. There is no such issue with health care insurance, requiring which would be the equivalent of requiring auto collision and comprehensive insurance--a difference that Obama showed himself to be totally ignorant of.
The comparison of the healthcare mandate to auto insurance is so weak it amazes me it has any traction at all.
Posted by: Marty at October 08, 2010 08:36 PM (XomqK)
Don't take my word for this. This has been adjudicated numerous times. EVERY SINGLE TIME the courts found that the state could NOT interfere with the RIGHT to use the public roads. If anyone wants to see links, (to the various court rulings on this issue) I can round them up, but i'm not going to bother unless someone says they want to see them.
Posted by: DiogenesLamp at October 09, 2010 04:53 AM (eVJ7T)
Posted by: Rob in Katy at October 09, 2010 07:34 PM (PiTBB)
Posted by: Wendi Riser at October 10, 2010 01:27 PM (cEgSW)
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Posted by: Wise Latina at October 08, 2010 04:56 PM (tJjm/)