Monday, August 15, 2011

Quote of the day - Unconstitutional

"What Congress cannot do under the Commerce Clause is mandate that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die."

-11th Circuit Court of Appeals

Should this end up going to the SCOTUS, which I believe it will, it'll be quite interesting.  I suspect the Conservative members of the Court will find it unconstitutional, the liberals will find some inane, convoluted reasoning for why it's permissible, and Justice Kennedy will be the swing vote.

I can't think of anytime in U.S. history where Americans were required by law to purchase a product on the private market based on no condition other than the fact that they reside in the U.S.  The natural question, should this be ruled Constitutional, is, "what other products can the government compel me, under penalty of law, to buy on the private market?"


3 comments:

Bubblehead Les. said...

Not sure about being made to Purchase a Product, but I remember when Nixon tried Wage and Price Controls, and they were declared Unconstitutional. Also, Federal "Excise" taxes have been used on and off for many products that most people use, like the one on Tires.

But keep in mind, Kennedy is a loose cannon. Remember the Eminent Domain Ruling a few years back? That was Kennedy. So, we'll just have to wait and see. I do know that the Anointed One is doing every thing he can to delay it from going up to SCOTUS until AFTER the next Election.

Chuck Kuecker said...

Auto insurance? Buy it or don't drive, most everywhere. At least it's not federally mandated - yet.

Linoge said...

Auto insurance is, I believe, state-mandated, and you always have the option not to drive.

The option not to live... well, I guess that is available to you, but it is not exactly reasonable.