Mandated Individual Pay is unconstitutional

Without a public option, the republican preferred solution of individual mandated contribution is not only political suicide for dems but probably unconstitutional. The effect of taking money from the middle class to give to individuals who make billions of dollars would make the current townhalls look like playtime. Simply put, is there any political palatable way to make an upscale redistribution scheme work? More to the point, having the government impose a tax that is paid directly to private companies, without an opt out, is plainly illegal. You need to have a government intermediary for the plan to work or it becomes a contract of adhesion and thus illegal.  

Tags: Health Reform (all tags)

Comments

7 Comments

Re: Mandated Individual Pay is unconstitutional

but if medicare were one of the options, the mandated could go there, and get a better deal?  

by anna shane 2009-08-16 10:48AM | 0 recs
posted a similar theme

this is political suicide.

what the stupid media doesn't realize is that the most vocal town hallers are more ron paulers, Larouchers and libretarians...

the media has not focused on the "mandate" yet,, that will be the next shoe ..

by TarHeel 2009-08-16 12:12PM | 0 recs
Re: Mandated Individual Pay is unconstitutional

Why is mandatory auto insurance not unconstitutional by the same logic?  Because you have the option to just go your whole life without driving a car?

by Steve M 2009-08-16 12:51PM | 0 recs
Re: Mandated Individual Pay is unconstitutional

Auto insurance is not unconstitutional because one can choose not to drive.  If one chooses not to drive, a committed pedestrian does not have to pay insurance.

A 100% ironclad mandate would not allow for a "pedestrian option" even if one had no interest in using ANY medical services (paramedics included).  

I don't think the mandate would be so onerous if there were proper subsidies but at the 12% level, the poorest (those without the resources to pay the 12% and with no tangible assets that can be seized) may choose to either voluntarily or involuntarily default.

by AZphilosopher 2009-08-16 11:53PM | 0 recs
Re: Mandated Individual Pay is unconstitutional

Is this Redstate?

by QTG 2009-08-16 01:45PM | 0 recs
Re: Mandated Individual Pay is unconstitutional

It is not.  How is this different then paying into Medicare?  Or income tax?

by CVDem 2009-08-16 07:04PM | 0 recs
Re: Mandated Individual Pay is unconstitutional

Those payments go directly to the government- as to car insurance- one can opt out- in VA- we allow car owners to opt out of private insurance and pay the state a minimal amount.

by RAULC 2009-08-16 07:16PM | 0 recs

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