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Originally Posted by
I used to be brussell 
That's an interesting argument. It's clear that the federal government has very broad power to tax and create programs (e.g., social security, medicare, etc.). That's a longstanding power of the federal govt, and no constitutional amendments are necessary. But now conservatives are arguing that the federal govt does not have the power to require people to participate in private alternatives. So we have this:
Big govt tax-and-spend programs: Long-standing precedents.
Typical market-based conservative alternatives: Unconstitutional.
For example the conservative alternative to social security - requiring people to purchase private investment accounts - would be unconstitutional.
Of course conservatives are not thinking these things through, they're just stamping their feet and yelling "Obamacare is ILLEEEEGAL."
A few points, first why a new account?

Social Security, Medicare, etc are all welfare programs. People don't want to admit that but they are welfare programs. The second point is that you are not compelled to use them. It is completely possibly not to receive Social Security. It has requirements for participation and if you don't participate, you don't get it.
How you become eligible for Social Security
As you work and pay taxes, you earn Social Security credits. In 2012, you earn one credit for each $1,130 in earningsup to a maximum of four credits per year. (The amount of money needed to earn one credit usually goes up every year.)
Most people need 40 credits (10 years of work) to qualify for benefits. Younger people need fewer credits to be eligible for disability benefits or for family members to be eligible for survivors benefits when the worker dies.
As for the conservative options and have you label them, the key point is COMPEL. If Obamacare were Social Security the federal government would mandate you pay enough money into a 401k each year to earn your credits, whether you are working or not and if you didn't, you would be fined and the fine would be via a tax that would fund Social Security. That is very different from the current model as you should be able to see.
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Originally Posted by
I used to be brussell 
Yeah I edited my post to clarify that by the time you responded.
I don't really get the action vs. inaction argument; the simple point is that it requires people to purchase something in a private market, which is exactly the conservative counter-proposal to social security. (And we don't need to again bring up that Obamacare was the conservative counter-proposal to liberal health care plans in the past.)
The conservative alternatives never require someone to purchase something. Never. They forgo taxing an activity when a person takes action for themselves. That is very different. In fact it is the opposite of Obamacare. Conservatives are also willing to let people live with their choices and outside of the one size fits all government solution which actually doesn't add up and isn't sustainable in any form of fashion to boot.
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Originally Posted by
I used to be brussell 
They're not irrelevant to my point, which was that this constitutional argument is more harmful to conservative policy positions than liberal ones.
I still don't get the action vs. inaction thing; I do agree that the mandate involves requiring people to purchase private insurance. That I do get.
Exercise isn't commerce, but yeah, in theory it should be perfectly constitutional for the feds to require people to, for example, buy broccoli. It would be really stupid, but just because something is stupid doesn't mean it's unconstitutional.
The other argument is that everyone already participates in the health care market, whether we like it or not. You literally cannot opt out of health care, because medical ethical obligations as well as laws require that medical care be provided to people in need. So all people are already in the health care market, health care is clearly interstate commerce, and this is a regulation of that existing market.
Well you see the key point of getting to the flip side of the welfare and income tranfer arguments which is when the numbers don't add up, the government must become authoritarian to make them add up.
First most people do need medical care, but if not for the convoluted system of private/public that is leading to all sorts of problem, most would not need health insurance or could easily purchase it in an affordable way for catastrophic events. Your car insurance doesn't cover oil changes, paint touch ups, waxing, washing, and checking the tire pressure. Likewise if you have a gap in your auto insurance or forgo full insurance and end up without a vehicle, the government doesn't feel the need to pick up the slack for you.
The Supreme Court arguments make it quite clear this is about income transfers from young to old. Young people forgo expensive health insurance plans or health insurance completely because they seldom have need for it. A plan that covers catastrophic events isn't expensive. However the government doesn't want them to purchase a plan that covers the the obscure chance a 22 year old gets cancer. They want them to purchase health PLANS and then transfer the monies to the elderly to help pay for Medicare which is going bankrupt very quickly.
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Originally Posted by
jazzguru 

Please. All you know is that I am a libertarian and a Mormon. Just about everything else you "know" about me is based on assumptions.
You also teach music in San Diego or something. Oh wait, that was what he thought he knew about me.
Quote:
Originally Posted by
I used to be brussell 
Like being drafted into the military? Or paying taxes?
Yes, I think you're right. It's not what the founders envisioned. In the 1700s they we're in separated communities that didn't interact in the complex ways we do today. I think it's just adapting to the modern world, but it's definitely different.
I don't know, I was being facetious - it would be really hard to show a compelling govt interest In something so stupid.
Yeah, but that's where democratic accountability rather than constitutional arguments come in. If its too intrusive, we should vote against the laws and the politicians who support them.
First no one is arguing that the states do not have the enumerated powers to address health concerns or health insurance. The federal government is given the power to tax and clearly the power to use military force within the Constitution. The states are suing because the federal government is usurping their role. Now the federal government does this in many areas but they basically purchase compliance with monies. So in giving grants or matching funds, etc, they get most states to buy into federal programs but they cannot mandate participation or mandate individuals take certain actions to fulfill some aspect of making the federal program work.
Do school often offer free lunch and breakfast programs? Yes. Did most of the impetus for this come from the federal government? Yes, they were upset about how thin and undernourished their draftees were coming into training camp. Does the federal government MANDATE the states offer free and reduced lunch? NO. The states often take it because it's a good intention, and their cost is reduced by partnering with the federal government. However they can forgo participation and the monies associated with participation.
If the free lunch program were Obamacare the argument would look like this.
At some point, the federal government will need to defend the country. As part of defending the country it will need troops. Because it will need troops we need to make sure those troops are healthy. Because those troops must be healthy, we must mandate all children eat a healthy breakfast and lunch and if they cannot present proof of a healthy breakfast and lunch then they will be provided one and fined for not complying.
As you can see that is much more than what the present programs do. They literally would be mandating you buy certain veggies. Your participation would be mandatory.