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THE HEALTHCARE SLEEPER BOMB
CNS - House Majority Leader Steny Hoyer (D-Md.) said that the individual health insurance mandates included in every health reform bill, which require Americans to have insurance, were "like paying taxes." He added that Congress has "broad authority" to force Americans to purchase other things as well, so long as it was trying to promote "the general welfare."
The Congressional Budget Office, however, has stated in the past that a mandate forcing Americans to buy health insurance would be an "unprecedented form of federal action," and that the "government has never required people to buy any good or service as a condition of lawful residence in the United States."
Hoyer, speaking to reporters at his weekly press briefing, was asked by CNS News where in the Constitution was Congress granted the power to mandate that a person must by a health insurance policy. Hoyer said that, in providing for the general welfare, Congress had "broad authority."
"Well, in promoting the general welfare the Constitution obviously gives broad authority to Congress to effect that end," Hoyer said. "The end that we're trying to effect is to make health care affordable, so I think clearly this is within our constitutional responsibility."
Hoyer compared a health insurance mandate to the government's power to levy taxes, saying "we mandate other things as well, like paying taxes."
CNS News also asked Hoyer if there is a limit to what Congress can mandate that Americans purchase and whether there is anything that specifically could not be mandated to purchase. Hoyer said that eventually the Supreme Court would find a limit to Congress' power, adding that mandates that unfairly favored one person or company over another would obviously be unconstitutional.
"I'm sure the [Supreme] Court will find a limit," Hoyer said. "For instance, if we mandated that you buy General Motors' automobiles, I believe that would be far beyond our constitutional responsibility and indeed would violate the due process clause as well - in terms of equal treatment to automobile manufacturers."
Hoyer said that the insurance mandate was constitutional because Congress is not forcing Americans to buy one particular policy, just any health insurance policy.
"We don't mandate that they buy a particular insurance [policy] but what we do mandate is that like driving a car -- if you're going to drive a car, to protect people on the roadway, and yourself, and the public for having to pay your expenses if you get hurt badly – that you need to have insurance," said Hoyer.
In 1994, the Congressional Budget Office reported the following about health insurance mandates: "A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States. An individual mandate would have two features that, in combination, would make it unique. First, it would impose a duty on individuals as members of society. Second, it would require people to purchase a specific service that would be heavily regulated by the federal government."
Under all five of the health care bills currently being considered in Congress, every American adult would have to have a policy that conformed to government standards for coverage and premiums. . . .
Note: Since Hoyer compares the mandate to taxes, then the cost of the mandate to individuals should be considered a tax increase. - TPR
The Congressional Budget Office, however, has stated in the past that a mandate forcing Americans to buy health insurance would be an "unprecedented form of federal action," and that the "government has never required people to buy any good or service as a condition of lawful residence in the United States."
Hoyer, speaking to reporters at his weekly press briefing, was asked by CNS News where in the Constitution was Congress granted the power to mandate that a person must by a health insurance policy. Hoyer said that, in providing for the general welfare, Congress had "broad authority."
"Well, in promoting the general welfare the Constitution obviously gives broad authority to Congress to effect that end," Hoyer said. "The end that we're trying to effect is to make health care affordable, so I think clearly this is within our constitutional responsibility."
Hoyer compared a health insurance mandate to the government's power to levy taxes, saying "we mandate other things as well, like paying taxes."
CNS News also asked Hoyer if there is a limit to what Congress can mandate that Americans purchase and whether there is anything that specifically could not be mandated to purchase. Hoyer said that eventually the Supreme Court would find a limit to Congress' power, adding that mandates that unfairly favored one person or company over another would obviously be unconstitutional.
"I'm sure the [Supreme] Court will find a limit," Hoyer said. "For instance, if we mandated that you buy General Motors' automobiles, I believe that would be far beyond our constitutional responsibility and indeed would violate the due process clause as well - in terms of equal treatment to automobile manufacturers."
Hoyer said that the insurance mandate was constitutional because Congress is not forcing Americans to buy one particular policy, just any health insurance policy.
"We don't mandate that they buy a particular insurance [policy] but what we do mandate is that like driving a car -- if you're going to drive a car, to protect people on the roadway, and yourself, and the public for having to pay your expenses if you get hurt badly – that you need to have insurance," said Hoyer.
In 1994, the Congressional Budget Office reported the following about health insurance mandates: "A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States. An individual mandate would have two features that, in combination, would make it unique. First, it would impose a duty on individuals as members of society. Second, it would require people to purchase a specific service that would be heavily regulated by the federal government."
Under all five of the health care bills currently being considered in Congress, every American adult would have to have a policy that conformed to government standards for coverage and premiums. . . .
Note: Since Hoyer compares the mandate to taxes, then the cost of the mandate to individuals should be considered a tax increase. - TPR
8 Comments:
So they can't give it to us(even though they can), but they can let their friends ovrercharge us for it.
This is all the conservative movements fault, but they will never in a million years admit it. We can spend twice the percentage of GDP on healthcare out of 'fiscal responsibilty.' They still don't get cognitive dissonance.
But at least they'll be happy to be gorged by HMO's so long as none of their money ever goes to help anyone else.
You have no idea what conservatism means.
You haven't noticed Obama and the majorities of both congressional houses have been pushing the current healthcare fraud? They're all conservatives are they? How is passing an unprecedented fraud like a healthcare mandate conserving anything? Jesus, you idiots spend so much time worrying about Fox News and Sarah Palin that you don't notice your supposedly liberal prez selling the shithouse out from under you.
Bush only recommended we go shopping, Obama is now telling us what to buy. This is probably not backed by the Constitution, because car insurance is justified to protect the insured's victims. Personal injury law does not easily translate in health care law.
Conservatism doesn't mean anything. I don't know if it ever did. It's as empty as terms like 'values' and 'support the troops'.
It's supposedly a descendant of liberalism. Unless you argue for us having a king and religious body for the two pillars of goverrnment. Then it's the antecedant liberalism. I have yet to hear a conservative these days argue for the divine right of kings.
Somehow I doubt Ayn Rand and Berkely would get along. Just like Barry Goldwater didn't sound anything like Bush. Conservative is not a well defined idea no matter how disciplined the talking points are from the RNC.
The only thing that you can really say about conservatives is that they seem to have an abundance of closet homosexuals among their ranks.
And your silly-ass opinions have what to do with the new health care bill being the fault of conservatives?
But this is not the end of the process. There are many more legislative hurdles to overcome before it becomes law. In the meantime, debate will continue to rage. This is a great list. Thanks for sharing. To those who are interested on having a Healthcare Jobs in Atlanta Georgia career path, please visit Healthcare Jobs in Atlanta Georgia for the latest job of the day review.
If it weren't for conservatives screaming the PR nonsense about 'socialism' we'd have a single payer system and be done with it.
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