Are health insurance mandates constitutional? They are certainly unprecedented. The federal government does not ordinarily require Americans to purchase particular goods or services from private parties.I totally agree with that point. You cannot force people to buy a private-sector product as a condition of living in this country. That must be unconstitutional.
The closest we come is when government imposes a condition on the grant of discretionary benefit or permit. For instance, in most states, you must have auto insurance to drive a car, or you are required to install fire sprinklers when building a new house. But in such cases, the "mandate" is discretionary – you don't have to drive a car or build a house. Nor do you have a constitutional right to do so.
But Americans do have a constitutional right to live in the United States. Accordingly, neither federal nor state governments can require you to purchase health insurance as a "condition" for residency.
That's why.. the government should cover everyone exactly the same using government administration (like Social Security and Medi-Care) in a non-profit fashion. This way, there is no forcing people to buy stuff.. you're just covered.
Healthcare is a core need for all Americans. It's just like national defense, or law enforcement, or any number of other common services that all American tax payers contribute to.
The obviousness of this is.. well.. obvious. However, the right wing is opposed.. because they just have to be opposed to it. There is no rational argument (and no, feeling sorry for putting health insurance companies out of business is not rational) that can be made for the status quo.
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