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- Sep 3, 2011
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I keep coming up with this analogy regarding the Obamacare decision... highways and people.
The federal government wants to bend states to its will on many issues. The federal government cannot always do this, Constitutionally. Hence, the federal government makes not doing so a worse alternative, usually by taking funding away from somewhere else... highway funding being an ever-popular choice. States, being just as addicted to money as the feds are, hate it, but cave in and do it.
Kind of the same concept here. The more I think about it, the more I come to the conclusion that the Individual Mandate is still NOT Constitutional, and even the administration knows this, hence this is why their strategy was to argue the Constitutional end-run of a taxing authority instead in the form of a "penalty". The government still cannot force an individual to purchase health insurance, but they have been given the go-ahead to make not buying health insurance so unpleasant that the vast majority of people will give in and purchase it anyway.
The federal government wants to bend states to its will on many issues. The federal government cannot always do this, Constitutionally. Hence, the federal government makes not doing so a worse alternative, usually by taking funding away from somewhere else... highway funding being an ever-popular choice. States, being just as addicted to money as the feds are, hate it, but cave in and do it.
Kind of the same concept here. The more I think about it, the more I come to the conclusion that the Individual Mandate is still NOT Constitutional, and even the administration knows this, hence this is why their strategy was to argue the Constitutional end-run of a taxing authority instead in the form of a "penalty". The government still cannot force an individual to purchase health insurance, but they have been given the go-ahead to make not buying health insurance so unpleasant that the vast majority of people will give in and purchase it anyway.