• Welcome to OGBoards 10.0, keep in mind that we will be making LOTS of changes to smooth out the experience here and make it as close as possible functionally to the old software, but feel free to drop suggestions or requests in the Tech Support subforum!

Is the "individual mandate" a good idea?

M

meandmyuncleDeac

Well-known member
Joined
May 18, 2011
Messages
874
Reaction score
48
I realize that come tomorrow at this time the Court quite likely will strike down the so-called "individual mandate". As a lawyer, I understand the constitutional arguments that inform both sides of the issue. My question is simply this: Putting aside politics, the constitutional law, is the mandate a good or bad idea? Just askin'.
 
Be more specific. do you mean is it a good idea for heathcare or is it a good idea to expand the commerce clause this much?
 
We could have taken half of the stimulus and insured uninsured Americans for decades.

Instead, Obama rammed this silly thing down the throat of Congress using kickbacks and bribes all in an effort to get us eventually to a European style single payer system.

We're prob headed to a single payer system here anyways...
 
Go said:
We could have taken half of the stimulus and insured uninsured Americans for decades.

Instead, Obama rammed this silly thing down the throat of Congress using kickbacks and bribes all in an effort to get us eventually to a European style single payer system.

We're prob headed to a single payer system here anyways...
Click to expand...

Agreed. Take the tax cuts out of the stimulus and no need for the mandate.
 
Tax cuts made up a large percentage of the stimulus. Just combating the typical broad brush.
 
Go said:
We could have taken half of the stimulus and insured uninsured Americans for decades.

Instead, Obama rammed this silly thing down the throat of Congress using kickbacks and bribes all in an effort to get us eventually to a European style single payer system.

We're prob headed to a single payer system here anyways...
Click to expand...

Absolutely false......well unless you wanted to get rid of the tax cuts and put all the public workers out of jobs and the other people who got jobs....of course then we'd have to pay billions in inemployment, food stamps and Medicaid....

We wasted $1T in Iraq that would have paid for the HC bill.
 
$1T over 10 years in Iraq would pay for just how much of the health bill do you reckon?
 
How about stop being a chickenshit and exempting a bunch of companies from the mandate.
 
EatLeadCommie said:
$1T over 10 years in Iraq would pay for just how much of the health bill do you reckon?
Click to expand...

It would have paid for everything for ten years. That's assuming a huge number of subsidies.

Which is much better than doing nothing or worse (Ryan Budget).
 
It appears GO is against it, and I'm pretty sure I've never seen GO be right about anything, so I guess I'm for it.....what do i win??
 
Not that this is relevant to the subject, but it shows some pretty wrong statements. Only 22 percent of the stimulus package was classified as tax cuts by the Congressional Budget office.

http://www.washingtonpost.com/wp-dyn/content/graphic/2009/02/01/GR2009020100154.html

Even this 22 percent includes direct payments to people who don't pay taxes, unemplyoment extensions and incentives to medicaid/medicare providers to implement new technoloigy.

Actual tax provisions, in the form of credits, which include some to people who pay less taxes than the credit received was 82 billion, or appproximately 1/10th of the package.
 
Last edited:
DiegoTiger said:
It appears GO is against it, and I'm pretty sure I've never seen GO be right about anything, so I guess I'm for it.....what do i win??
Click to expand...

I don't know about Go, but a good benchmark for me on legal issues is where does rj stand and the other side is probably the right place.
 
The individual mandate is a good idea that happens to be illegal. Next time we should elect a Constitutional law professor as President so we don't waste three years finding that out.
 
It would have been a good idea as a tax, but Barry promised no new taxes. Hence the illegal route. Sucks for him.

Sent from my SGH-I897 using Tapatalk 2
 
jhmd2000 said:
The individual mandate is a good idea that happens to be illegal. Next time we should elect a Constitutional law professor as President so we don't waste three years finding that out.
Click to expand...

Except nearly all con law professor/experts agree that this conservative idea is clearly constitutional. But what do they know compared to all the armchair experts on this board and the fox news pundits on the Court.
 
Last edited:
It would be legal is you called it a tax. This really does make a difference. A tax, this is 9-0. Commerce clause, it is likely 5-4 (possibly 6-3).

As for arm chair experts, I did get the Health Law award from Prof. Hall at Wake, who was the lead writer on the amicus brief. After retiring from legal practice this year, I'm also going full scholarship plus stipend to get my PhD in American Politcs, Law and Courts.
 
Last edited:
The amicus brief took a completely different tack on the issue - in favor of the mandate. It was brilliantly written.

I assume Roberts will write the majority and Breyer or Scalia for the minority depending on which way it goes. Both opinions will be outstanding.
 
jhmd2000 said:
The individual mandate is a good idea that happens to be illegal. Next time we should elect a Constitutional law professor as President so we don't waste three years finding that out.
Click to expand...

I guess you hope you are more correct about this prediction than your slam dunk conviction of John Edwards.
 
You must log in or register to reply here.
Back
Top