Killing the dream


Yeah, they passed it. (Thanks once again to Stupak and his ongoing abortion con game.)

A lot of people are reacting, but I especially liked Megan McArdle's question:

Are we now in a world where there is absolutely no recourse to the tyranny of the majority?
There's always recourse, and one form of recourse would be to simply implement the Constitution. Congress does not have power to compel citizens to purchase health insurance.

The Constitution is not subject to the tyranny of the majority. Not even if the majority says it is.

posted by Eric on 03.21.10 at 11:42 PM


From Andrew Bernstein, author of The Capitalist Manifesto: The Historic, Economic, and Philosophic for Laissez-Faire on his Facebook account March 18, 2010:

"If the government takes over health care, I will refuse to buy their package, refuse to pay the fine imposed, and make them arrest me. I will broadcast my refusal to cave to socialism on my website, on Facebook, to my students, in my lectures, and on the radio. I will fight this in the courts--or will the DC Fascists suspend the right to trial by jury? I suspect--and hope--that millions of Americans will do the same."

Frank   ·  March 22, 2010 12:31 AM

The above should read:
From Andrew Bernstein, author of The Capitalist Manifesto: The Historic, Economic, and Philosophic Case for Laissez-Faire

Frank   ·  March 22, 2010 12:43 AM

Tell me - now that they've passed a law which requires all Americans to buy health insurance, do you think they'll pass a law which requires us all to buy GM or Chrysler cars?

Andy   ·  March 22, 2010 2:01 AM

OK, I admit I'm drunk now, so this comment may make no sense -- but how much of this fiasco do we need to blame on the education system that has touted the greatness of democracy over the years?

That was always the one thing that kept scratching at the edge of GWB's push for democracy in Iraq.

Do we never learn?

Donna B.   ·  March 22, 2010 2:09 AM

I'm just waiting for the Feds to mandate the purchase of a Voter ID card.

JAFAC   ·  March 22, 2010 2:25 AM

"Congress does not have power to compel citizens to purchase health insurance."

I reluctantly disagree despite my utter disgust about ObamaCare. Or more accurately my total disgust with O, Nancy, and company.

Con law is uncertain. I concede that. Maybe the SC will toss ObamaCare. Who knows?

Why would ObamaCare be upheld? The Constitution does not explicitly give Congress that power. But the income tax amendment may provide it.

(1) Everyone who has an income can have it taken by law. That is called taxation.

(2) The Congress can certainly provide insurance for those who lack resources or adequate income.

So I believe Congress has the power to route some of your income to medical insurance companies. They won't mind if you don't use the insurance.

Restated: The government can argue that the mandate is functionally the equivalent of collecting a tax and spending it to provide your insurance.

ObamaCare will pay the insurance premiums of the poorest people. Seems Constitutional.

And the wealthy are going to pay a lot more tax while getting nothing new. How many wealthy people don't already carry great medical insurance?

KTWO   ·  March 22, 2010 3:08 AM

I guarantee, if multiple people try to sue, it'll go class action and your rights will be forfeit. If you refuse, you'll be held for contempt of the court or some such nonsense where citizens aren't afforded their rights. If you try to go to court, they'll be a special court (like tax court), where no one can really win (like tax court).

dusty   ·  March 22, 2010 7:14 AM

The government compels people to buy all sorts of insurance: Medicare, Social Security, unemployment, disability. Automobile liability insurance has been compulsory for almost a century.

chocolatier   ·  March 22, 2010 10:26 AM


Here is a comment out of a long thread

Discussing whether the state can compel you to get a drivers license. In fact there is ample case law that they can't. It may also point to the fact that they can't compel you to buy insurance.

M. Simon   ·  March 22, 2010 2:14 PM

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