Looks like he’s planning to force a vote on its constitutionality. Not sure how much good it will do, but here’s what he says:
“Forcing every American to purchase a product is absolutely inconsistent with our Constitution and the freedoms our Founding Fathers hoped to protect,†said Senator DeMint. “This is not at all like car insurance, you can choose not to drive but Americans will have no choice whether to buy government-approved insurance. This is nothing more than a bailout and takeover of insurance companies. We’re forcing Americans to buy insurance under penalty of law and then Washington bureaucrats will then dictate what these companies can sell to Americans. This is not liberty, it is tyranny of good intentions by elites in Washington who think they can plan our lives better than we can.â€
I would also point out that auto insurance mandates are state mandates. Regulating vehicles on the public roads has long been held to be within the states’ police powers. Unfortunately, the Commerce Clause jurisprudence today allows the federal government to regulate pretty much anything called “commerce.” Whether that extends to the government forcing people to buy a product is an interesting question, but there’s plenty of precedent that would suggest they indeed do. The “takings” argument is an interesting one, but you know, Kelo worked out so well, didn’t it?
Our government is out of control, and there’s nothing we can do about it until 2010. That’s just how it is. Whether we want to admit it or not, this is the Government the people thought they wanted. If they are having voters’ remorse, I feel for them, but there were plenty of voices out there telling people exactly what they were going to get out of this President and this Congress.
Wheat and marijuana seeds apparently affect interstate commerce and can be regulated. Congresses power is nearly infinite when the ICC is read like that.
What we really need is a constitutional amendment limiting the scope of the interstate commerce clause to a much much less broad reading.
I feel for them, but there were plenty of voices out there telling people exactly what they were going to get out of this President and this Congress.
Doesn’t seem to be any better or worse than the last 20 years. AWB. Patriot Act. Healthcare bill. Freedom has been constantly eroding like water on limestone no matter what ‘party’ is occupying the seats.
Do state mandates force the blind to buy auto insurance? Those under 16? Those too old or ill to drive? Those who live in a large city and don’t own a car? Those whose privilege to drive has been revoked? Those who are too poor to own a car?
No, they don’t. But the point is, one could argue the state’s power in that regard is limited as well, and states have considerably more power over individuals than does the federal government. At least in theory.
I suspect that if the state required someone who did not drive to purchase insurance they would lose in court.
It’s essentially a contract with the state right? The state says that if you choose to exercise the privilege of driving on public roads you must abide by their rules. If you choose not to then those rules do not apply to you. You may choose not to purchase a license & insurance.
It’s worse with healthcare, because the state isn’t forcing you to purchase a government license as a condition of use of a public good (roads) they are forcing you to purchase a commodity on the private market.
Individual health insurance covers myself and no one else. I don’t see how the Gov. can require me to purchase personal insurance for my own good anymore than they could compel me to purchase any number of consumer products for personal use.
Also, at least in Texas, the mandate for auto insurance is an either / or proposition.
You can either purchase insurance or put up a cash bond ($55,000). So I don’t have to purchase insurance.
I propose a amendment to this bill or new law if the public option goes through…showing proof of non-public option insurance is required for all some or all retail purchases.
Before someone wants to purchase alcohol, they have to show they aren’t being covered by the government plan.
Same for tobacco, big screen televisions, cars (especially cars), game consoles. Let’s include things like cable or satellite service, cell phone service, fast food, etc.
Wonder how long the public option would last.
Waiting for the new 2010 GOP ‘now with backbone’?
Good luck with that.
Some states allow the option to drive uninsured – IIRC VA allowed it with a $400/yr fee (or did when I was getting my license). NJ requires proof of insurance to register the vehicle.
I am not waiting till 2010. I am buying my guns and ammo now. Elected officials who violate their oath of office forfeit their authority (just ask the Founding Fathers). I am in pretty good health and financially solid (unless of course Obama borrows us into hyperinflation). I am considering quitting my job in the next year or so and then NOT buy my own health insurance – just to be the test case. I plan to use the money I save on insurance premiums to buy more ammo! Please keep me in your prayers.
Corn Huskers need to organize and do everything humanly possible to make sure Ben Nelson does not win re-election when he’s up in 2012. If he had held fast, Harry Reid wouldn’t be able to pass this obamanation.
You are so right, Sebastian, and hopefully your appeal will be answered. In the Omaha World-Herald Public Pulse section, letters to the Editor have been running two to one against Ben Nelson’s cave-in, some using my own descriptive epithets of traitor and bribery. There is a LOT of anger from Republicans who voted for this erstwhile conservative Democrat. But Lincoln and especially Omaha are full of liberals, and Nelson is betting that nominal Republicans will forget this treason by 2012. You can bet guys like me won’t forget. My fear is he will cast some insignificant conservative vote and paper over his sullied image, fooling the tepid conservatives. Plus, the pain of this health bill will be ameliorated in Nebraska by the Medicaid bribe Nelson took in return for his vote. He’s a sly one. But we will remember – and ther will be an ad campaign!