Monday, April 16, 2012

Admittedly I'm not a big fan

Of the insurance mandate, especially vis-a-vis single payer, but I don't have much doubt it's constitutional.

However, when Scalia has his hissy fit he'll have a hard time dealing with "original intent" -- well he would if he had a scintilla of intellectual he will not:

The framers, challengers have claimed, thought a constitutional ban on purchase mandates was too “obvious” to mention. Their core basis for this claim is that purchase mandates are unprecedented, which they say would not be the case if it was understood this power existed.

But there’s a major problem with this line of argument: It just isn’t true. The founding fathers, it turns out, passed several mandates of their own. In 1790, the very first Congress—which incidentally included 20 framers—passed a law that included a mandate: namely, a requirement that ship owners buy medical insurance for their seamen. This law was then signed by another framer: President George Washington. That’s right, the father of our country had no difficulty imposing a health insurance mandate.

That’s not all. In 1792, a Congress with 17 framers passed another statute that required all able-bodied men to buy firearms. Yes, we used to have not only a right to bear arms, but a federal duty to buy them. Four framers voted against this bill, but the others did not, and it was also signed by Washington. Some tried to repeal this gun purchase mandate on the grounds it was too onerous, but only one framer voted to repeal it.

Six years later, in 1798, Congress addressed the problem that the employer mandate to buy medical insurance for seamen covered drugs and physician services but not hospital stays. And you know what this Congress, with five framers serving in it, did? It enacted a federal law requiring the seamen to buy hospital insurance for themselves. That’s right, Congress enacted an individual mandate requiring the purchase of health insurance. And this act was signed by another founder, President John Adams.

Not only did most framers support these federal mandates to buy firearms and health insurance, but there is no evidence that any of the few framers who voted against these mandates ever objected on constitutional grounds.
But never mind, Scalia and company will just do what they want. After all, who knows the Constitution better, Scalia and Thomas or James Madison, John Jay and George Washington. The latter are mental pygmies in comparison, clearly.


WallytheWineGuy said...

George Washington- proto-crypto-Socialist

WallytheWineGuy said...

George Washington- proto-crypto-Socialist

Will said...

Has anybody seen Washington's long form birth certificate ?

Privatize the Profits! Socialize the Costs! said...

Let's hear it for Original Intent!

What the framers obviously intended in the Second Amendment was that citizens have a right to bear muzzle-loading muskets, providing we are members of a well-regulated militia!

pansypoo said...

fuzzy history. what?

jimmiraybob said...

HA! Mars Bitches!!1

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