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Why do you think the Affordable Care Act is unconstitutional

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The Cat-Tribe
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Why do you think the Affordable Care Act is unconstitutional

Postby The Cat-Tribe » Sat Apr 02, 2011 2:48 pm

It seems to be accepted dogma among many that the Health Care Reform (Patient Protection and Affordable Care Act) ("ACA") signed into law by President Obama on March 23, 2010 (after passage by both houses of Congress) is unconstitutional.

I'm simply asking those who feel this way to explain why. What provision(s) of the U.S. Constitution does it violate? How and why does it violate said provision(s)?

Don't just say "because that Judge in Florida said so" for two reasons: (1) the Judge in Florida is in the minority so far and (2) Judge Vinson is very wrong (IMO).
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Athiests4AnimalRights
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Postby Athiests4AnimalRights » Sat Apr 02, 2011 2:53 pm

I don't.

I do think it's a horrible piece of legislation, but that does not make it unconstitutional.

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Greed and Death
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Postby Greed and Death » Sat Apr 02, 2011 2:55 pm

Because my concept of the commerce clause dates to the 1920's.
Expanding on that point I feel the jurisprudence of the 1920's had it right, and quoting to the federalist.
Furthermore, even if not enumerated forcing people into relationships with private entities they do not wish to be in is something the government must refrain from. This freedom from contract is vital, and is common sense as right.
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Postby Soviet Haaregrad » Sat Apr 02, 2011 2:56 pm

David Koch told me so.
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Jasarite
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Postby Jasarite » Sat Apr 02, 2011 2:57 pm

I think it is constitutional.
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Galenaima
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Postby Galenaima » Sat Apr 02, 2011 2:58 pm

It forces you to buy something--you'd think the left would be up in arms at people having to buy from a massive corporation.
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Swkoll
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Postby Swkoll » Sat Apr 02, 2011 2:58 pm

Its the commerce clause! :evil:
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Jeux II
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Postby Jeux II » Sat Apr 02, 2011 3:00 pm

Because I am a Red State Republican that just watches Fox News all day, worshipping everything they say.

But not really.... ;)
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Offenheim
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Postby Offenheim » Sat Apr 02, 2011 3:03 pm

In my admittedly flawed understanding of the Act, it appears that it forces you to purchase health insurance.

I don't know if that is unconstitutional, but it seems like it creates a captive market for health insurers, without creating conditions that would lower costs. However, I recognize that states often create a situation like this in regards to drivers' insurance, so I don't think that makes it unconstitutional. I'm no constitutional scholar.

I personally wish it had gone farther and created a public option.
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Postby Occupied Deutschland » Sat Apr 02, 2011 3:04 pm

greed and death wrote:Because my concept of the commerce clause dates to the 1920's.

^This.
I accept it as constitutional though, I just don't like it. It's a distinction many people seem unable to make.
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The Rich Port
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Postby The Rich Port » Sat Apr 02, 2011 3:04 pm

Galenaima wrote:It forces you to buy something--you'd think the left would be up in arms at people having to buy from a massive corporation.


The analogy about the government being some kind of corporation is a bit odd.

You can vote in the employees and the President... You can't do that in a corporation.

And even if it was unconstitutional, is it really so bad?
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Postby Bluth Corporation » Sat Apr 02, 2011 3:05 pm

Offenheim wrote:However, I recognize that states often create a situation like this in regards to drivers' insurance


Because obviously, requiring liability coverage for the damage you might cause to others as a condition of operating a motor vehicle is completely comparable to requiring coverage for your own well-being as a condition of being alive.
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Bluth Corporation
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Postby Bluth Corporation » Sat Apr 02, 2011 3:06 pm

The Rich Port wrote:
Galenaima wrote:It forces you to buy something--you'd think the left would be up in arms at people having to buy from a massive corporation.


The analogy about the government being some kind of corporation is a bit odd.

No such analogy was made.
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Auremena
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Postby Auremena » Sat Apr 02, 2011 3:06 pm

It's just the GOP being stupid like usual, saying anything they don't like is unconstitutional.
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Postby Wamitoria » Sat Apr 02, 2011 3:06 pm

Bluth Corporation wrote:
Offenheim wrote:However, I recognize that states often create a situation like this in regards to drivers' insurance


Because obviously, requiring liability coverage for the damage you might cause to others as a condition of operating a motor vehicle is completely comparable to requiring coverage for your own well-being as a condition of being alive.

How about you just say why you think it's unconstitutional than nitpick at everyone's defense of the bill?
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Hetalia Switzerland
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Postby Hetalia Switzerland » Sat Apr 02, 2011 3:06 pm

Because you are forced to buy something.

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Jeux II
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Postby Jeux II » Sat Apr 02, 2011 3:08 pm

Auremena wrote:It's just the GOP being stupid like usual, saying anything they don't like is unconstitutional.

^Yep^
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Syvorji
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Postby Syvorji » Sat Apr 02, 2011 3:08 pm

The reason why is because that Judge in Florida said so. [/thread]

In all seriousness, it is unconstitutional because it just encourages American imperialism. It just does, for gods sake.
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Whiskey Hill
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Postby Whiskey Hill » Sat Apr 02, 2011 3:09 pm

I don't. I'm actually very happy about it, because as of yesterday I was insured again for the first time in 2.5 years as a result of the provision that children up to 26 can be covered by their parent's insurance, instead of the previous limit which was, I think, 23.
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Auremena
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Postby Auremena » Sat Apr 02, 2011 3:09 pm

Jeux II wrote:
Auremena wrote:It's just the GOP being stupid like usual, saying anything they don't like is unconstitutional.
^Yep^
It's like a little kid, when they do something wrong, or get in trouble, they say "It's not fair!" even when it's completely fair.
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The Currency
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Postby The Currency » Sat Apr 02, 2011 3:09 pm

Hetalia Switzerland wrote:Because you are forced to buy something.


Find me a clause in the constitution stating the government doesn't have such a power.

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Bluth Corporation
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Postby Bluth Corporation » Sat Apr 02, 2011 3:10 pm

Wamitoria wrote:
Bluth Corporation wrote:
Because obviously, requiring liability coverage for the damage you might cause to others as a condition of operating a motor vehicle is completely comparable to requiring coverage for your own well-being as a condition of being alive.

How about you just say why you think it's unconstitutional than nitpick at everyone's defense of the bill?


Why do you assume I think it's unconstitutional? And don't assume from the fact that I asked that question that I think it's constitutional.

Whether I think it's constitutional or not is irrelevant. A bad argument is a bad argument.
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Jeux II
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Postby Jeux II » Sat Apr 02, 2011 3:10 pm

Hetalia Switzerland wrote:Because you are forced to buy something.

You have to do the same thing for car insurance.
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Caecili
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Postby Caecili » Sat Apr 02, 2011 3:10 pm

Who cares? It's still awful.

Canadian healthcare all the way, biaaatch!
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The Currency
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Postby The Currency » Sat Apr 02, 2011 3:11 pm

Caecili wrote:Who cares? It's still awful.

Canadian healthcare all the way, biaaatch!

^This.

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