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PostPosted: Tue Feb 02, 2010 9:32 am 
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Monte wrote:
Khross wrote:
Montegue:

This is no brand of conservatism common to these forums. Political and social views here are as disparate as they can get. At this point, I can only assume conservative means any political disagreement with you.


Oh, I think you definitely stand apart from the crowd. but most folks here fall within the Fox News "good conservative" range.


This post was reported. Considering what you have stated in the past about your opinions of Fox News, there is some merit to the claim that you're flaming.

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PostPosted: Tue Feb 02, 2010 9:51 am 
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Stathol wrote:
And the fundamental problem with this philosophy is that dickery is in the eye of the beholder. (Ouch.)


And that cuts both ways. Also, some of it is not just subjective.

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PostPosted: Mon Feb 15, 2010 8:20 am 
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Sorry for the necropost, but I just read this. It is a little dated but still relevant to this topic.

Why the Health-Care Bills Are Unconstitutional wsj

By ORRIN G. HATCH, J. KENNETH BLACKWELL AND KENNETH A. KLUKOWSKI
Quote:
...First, the Constitution does not give Congress the power to require that Americans purchase health insurance. Congress must be able to point to at least one of its powers listed in the Constitution as the basis of any legislation it passes. None of those powers justifies the individual insurance mandate. Congress's powers to tax and spend do not apply because the mandate neither taxes nor spends. The only other option is Congress's power to regulate interstate commerce.

Congress has many times stretched this power to the breaking point, exceeding even the expanded version of the commerce power established by the Supreme Court since the Great Depression. It is one thing, however, for Congress to regulate economic activity in which individuals choose to engage; it is another to require that individuals engage in such activity. That is not a difference in degree, but instead a difference in kind. It is a line that Congress has never crossed and the courts have never sanctioned...


Sounds reasonable to me, even if that means I agree with a Republican.

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PostPosted: Mon Feb 15, 2010 1:27 pm 
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As I've pointed out a bunch of times, the health care bill does NOT require anyone to purchase health insurance. It simply implements an additional surtax that only applies to those that don't have insurance. Since Congress has basically unlimited taxation power due to the 16th Amendment, there is nothing unconstitutional at all about the health care bill. It's also why all checks on federal power are essentially meaningless, as they can completely Constitutionally just say, "fall in line with this or pay 90% income tax, your choice."


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PostPosted: Mon Feb 15, 2010 1:34 pm 
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Xequecal wrote:
As I've pointed out a bunch of times, the health care bill does NOT require anyone to purchase health insurance. It simply implements an additional surtax that only applies to those that don't have insurance. Since Congress has basically unlimited taxation power due to the 16th Amendment, there is nothing unconstitutional at all about the health care bill. It's also why all checks on federal power are essentially meaningless, as they can completely Constitutionally just say, "fall in line with this or pay 90% income tax, your choice."


Punitive taxes as a result of a requirement to purchase a good are a mandate to purchase a good.

Name something else the government treats similarly.

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PostPosted: Mon Feb 15, 2010 5:06 pm 
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...would you like a list? The federal government has been using taxation to grant itself powers that would otherwise be unconstitutional for decades. The best example would be the entire Department of Education, the Fed collects income tax to fund it and then demands the states follow their rules if they want to get their money back. Any state can opt out, of course, but then its citizens would have to pay for their own schools plus extra tax to subsidize everyone else, so of course noone does. This is also how they enforced the 21 drinking age, by simply withholding the tax money collected for road maintenance from any state that didn't comply.

The entire Constitution can be end-run around with this process. They could propose an amendment and then declare that any state that didn't affirm it would no longer recieve a single dollar of federal money for any reason....but you'd still have to pay the full federal income tax. Of course they'd get 50 votes in favor, no matter what it was.


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PostPosted: Mon Feb 15, 2010 5:40 pm 
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Punitive taxes are simply a fine on behavior.

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PostPosted: Tue Feb 16, 2010 11:36 am 
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Xequecal wrote:
...would you like a list? The federal government has been using taxation to grant itself powers that would otherwise be unconstitutional for decades. The best example would be the entire Department of Education, the Fed collects income tax to fund it and then demands the states follow their rules if they want to get their money back. Any state can opt out, of course, but then its citizens would have to pay for their own schools plus extra tax to subsidize everyone else, so of course noone does. This is also how they enforced the 21 drinking age, by simply withholding the tax money collected for road maintenance from any state that didn't comply.

The entire Constitution can be end-run around with this process. They could propose an amendment and then declare that any state that didn't affirm it would no longer recieve a single dollar of federal money for any reason....but you'd still have to pay the full federal income tax. Of course they'd get 50 votes in favor, no matter what it was.


Um, fail?

I said this:

Quote:
Punitive taxes as a result of a requirement to purchase a good are a mandate to purchase a good.

Name something else the government treats similarly.


And the "example" you give me is the Department of Education?

Name something where the government penalizes you for not making a purchase.

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PostPosted: Tue Feb 16, 2010 12:10 pm 
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DFK! wrote:
Name something where the government penalizes you for not making a purchase.
First thing that came to mind was failure to have your kids vaccinated.

http://abcnews.go.com/Health/US/story?id=3866502&page=1

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PostPosted: Tue Feb 16, 2010 12:23 pm 
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Excellent example.

Not a federal example, but good from a state-level. Then again, Maryland also requires you to buy insurance...

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PostPosted: Tue Feb 16, 2010 1:08 pm 
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Well, you could sort of argue the social security program qualifies. It's not a good that you are required to purchase, but a service you are required to partake of. But it's not a strictly unqualified requirement since mandatory participation is contingent on having income.

Similar arguments could be made for the FDIC and mandatory FEMA flood insurance (in some areas).

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PostPosted: Tue Feb 16, 2010 2:30 pm 
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Stathol wrote:
Well, you could sort of argue the social security program qualifies. It's not a good that you are required to purchase, but a service you are required to partake of. But it's not a strictly unqualified requirement since mandatory participation is contingent on having income.


You actually cover why I wouldn't agree with that classification very well. Furthermore, as an entitlement program, in theory, it doesn't fit as well.

Stathol"Similar arguments could be made for the FDIC[/quote]

I don't have to particpate in this in any way if I choose otherwise.

[quote="Stathol wrote:
and mandatory FEMA flood insurance (in some areas).


Again, this is wholly avoidable.

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PostPosted: Tue Feb 16, 2010 9:01 pm 
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You can stop paying into SSI if you are paying into another qualifying program. These are largely limited to state government employees (Public Employees Retirement System, Texas Teachers Retirement fund,etc.)

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PostPosted: Wed Feb 17, 2010 12:01 pm 
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DFK! wrote:
Then again, Maryland also requires you to buy insurance...


I don't think that fits, because you don't have to own a car. You only have to buy insurance if you own a vehicle.


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PostPosted: Wed Feb 17, 2010 12:09 pm 
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Arathain Kelvar wrote:
DFK! wrote:
Then again, Maryland also requires you to buy insurance...


I don't think that fits, because you don't have to own a car. You only have to buy insurance if you own a vehicle.


Oops.

I meant Mass.....

Sorry!

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PostPosted: Sun Mar 14, 2010 10:58 am 
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I'm glad to see this taking hold.

Virginia First State to Pass Health Care Freedom Act prnewswire
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Virginia became the first state in the nation to enact legislation to protect their citizens from being forced to purchase health insurance or participate in any health care system against their will...

...These legislative initiatives are based on ALEC's model Freedom of Choice in Health Care Act. Under the legislation, any state attempt to require an individual to purchase health insurance—or forbid an individual from purchasing services outside of the required health care system—would be rendered unconstitutional. The measure may also cause a federalism clash if Congress passes a law with either of these provisions.

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PostPosted: Mon Mar 15, 2010 12:17 pm 
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Adrak wrote:
I'm glad to see this taking hold.

Virginia First State to Pass Health Care Freedom Act prnewswire
Quote:
Virginia became the first state in the nation to enact legislation to protect their citizens from being forced to purchase health insurance or participate in any health care system against their will...

...These legislative initiatives are based on ALEC's model Freedom of Choice in Health Care Act. Under the legislation, any state attempt to require an individual to purchase health insurance—or forbid an individual from purchasing services outside of the required health care system—would be rendered unconstitutional. The measure may also cause a federalism clash if Congress passes a law with either of these provisions.

*wipes a tear from his eye*

Makes me proud to be a native born son of Virginia.

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