By Steve Rhodes
The U.S. Supreme Court is expected to issue its ruling on Obamacare on Thursday. I’m for a mandate, but I think the mandate as constructed in Obamacare is unconstitutional. Here’s why: I believe the argument that the federal government cannot compel individuals to buy a private product. The important part here is buying a private product.
The federal government compels the purchase of many things. Our taxes buy airplanes and highways and medical research and food inspections. On the local level, property taxes pay for schools regardless of whether you have children enrolled in them; you are forced to pony up either way.
Perhaps more to the point, you have no choice but to be automatically enrolled in Social Security, whose constitutionality was challenged long ago and upheld because of the way it is constructed: your taxes pay for it. You aren’t required to go purchase it in some separate transaction. So in that way it becomes just another government program in which you have no choice but to participate.
And that’s the problem with Obamacare. To construct it in the way of, say, Social Security, it would have to be a program in which you are automatically enrolled, like a single-payer system such as Medicare For All, or at least offered a public option that you could opt out of to participate in the private market.
Forcing citizens to buy a private product from the very profiteers who are in large part responsible for the problem is the worst of all worlds.
Read More
Posted on June 27, 2012