And, when the Supreme Court hands down a controversial ruling on a subject such as abortion, civil rights, or capital punishment, then, like Louis in Casablanca, the public is shocked, shocked to find that the Court may have let political considerations influence its decision.
Not really up to speed on the specs of Obamacare (I know it's shit though), but I'm curious about something.. Let's say your family makes above the threshold in which you can get government assistance/free healthcare, but you have a family member with a condition which in the past prevented them from receiving healthcare.. Now that ins. companies can't deny people with pre-existing conditions, does that mean you might be forced to pay for a plan that costs a lot to pay for that person?
Not really up to speed on the specs of Obamacare (I know it's shit though), but I'm curious about something.. Let's say your family makes above the threshold in which you can get government assistance/free healthcare, but you have a family member with a condition which in the past prevented them from receiving healthcare.. Now that ins. companies can't deny people with pre-existing conditions, does that mean you might be forced to pay for a plan that costs a lot to pay for that person?
The most straightforward reading of the individual mandate is that it commands individuals to purchase insurance. But, for the reasons explained, the Commerce Clause does not give Congress that power. It is therefore necessary to turn to the Government’s alternative argument: that the mandate may be upheld as within Congress’s power to "lay and collect Taxes."
This case concerns two powers that the Constitution does grant the Federal Government, but which must be read carefully to avoid creating a general federal authority akin to the police power. The Constitution authorizes Congress to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Art. I, §8, cl. 3. Our precedents read that to mean that Congress may regulate “the channels of interstate commerce,” “persons or things in interstate commerce,” and “those activities that substantially affect interstate commerce.” Morrison, supra, at 609 (internal quotation marks omitted). The power over activities that substantially affect interstate commerce can be expansive. That power has been held to authorize federal regulation of such seemingly local matters as a farmer’s decision to grow wheat for himself and his livestock, and a loan shark’s extortionate collections from a neighborhood butcher shop. See Wickard v. Filburn, 317 U. S. 111 (1942); Perez v. United States, 402 U. S. 146 (1971).
Congress may also “lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States.” U. S. Const., Art. I, §8, cl. 1. Put simply, Congress may tax and spend. This grant gives the Federal Government considerable influence even in areas where it cannot directly regulate. The Federal Government may enact a tax on an activity that it cannot authorize, forbid, or otherwise control.
The establishment of a ruling class over an exploited one many times its size by coercion and the manipulation of public opinion, i.e., a low degree of class consciousness among the exploited, finds its most basic institutional expression in the creation of a system of public law superimposed on private law. The ruling class sets itself apart and protects its position as a ruling class by adopting a constitution for their firm's operations. On the one hand, by formalizing the internal operations within the state apparatus as well as its relations with the exploited population, a constitution creates some degree of legal stability. The more familiar and popular private law notions are incorporated into constitutional and public law, the more favorably disposed will be the public to the existence of the state. On the other hand, any constitution and public law also formalizes the immune status of the ruling class as regards the homesteading principle. It formalizes the right of the state's representatives to engage in non-productive and non-contractual property acquisitions and the ultimate subordination of private to public law.
I don't care if 90% of people agree that a healthcare mandate was needed, a majority consensus doesn't remove the gun from my back.Well, most people older than 20s agree that some kind if health care change was needed. It's just too bad the republican leadership because of their dislike for Obama "got huffy" and refused to participate in good faith. Perhaps the reform could have been better.
Well, most people older than 20s agree that some kind if health care change was needed. It's just too bad the republican leadership because of their dislike for Obama "got huffy" and refused to participate in good faith. Perhaps the reform could have been better.