Are Medical Insurance Mandates Constitutional?
Both Hillary Clinton and Barack Obama's health-care plans contain some form of mandate -- a requirement that Americans purchase insurance. At least one legal scholar wonders whether that's constitutional. At the very least, Karl Manheim argues in an Op-Ed article, it's "certainly unprecedented."Both Hillary Clinton and Barack Obama’s health-care plans contain some form of mandate — a requirement that Americans purchase insurance. At least one legal scholar wonders whether that’s constitutional. At the very least, Karl Manheim argues, it’s “certainly unprecedented.”
WAIT BEFORE YOU GO...Karl Manheim in the L.A. Times:
Are health insurance mandates constitutional? They are certainly unprecedented. The federal government does not ordinarily require Americans to purchase particular goods or services from private parties.
The closest we come is when government imposes a condition on the grant of a discretionary benefit or permit. For instance, in most states, you must have auto insurance to drive a car, or you are required to install fire sprinklers when building a new house. But in such cases, the “mandate” is discretionary — you don’t have to drive a car or build a house. Nor do you have a constitutional right to do so.
But Americans do have a constitutional right to live in the United States. Accordingly, neither federal nor state governments can require you to purchase health insurance as a “condition” for residency. The Supreme Court has drawn a distinction between requirements that are flat-out imposed by government and those imposed as a condition for discretionary benefits.
This year, the ground feels uncertain — facts are buried and those in power are working to keep them hidden. Now more than ever, independent journalism must go beneath the surface.
At Truthdig, we don’t just report what's happening — we investigate how and why. We follow the threads others leave behind and uncover the forces shaping our future.
Your tax-deductible donation fuels journalism that asks harder questions and digs where others won’t.
Don’t settle for surface-level coverage.
Unearth what matters. Help dig deeper.
Donate now.
You need to be a supporter to comment.
There are currently no responses to this article.
Be the first to respond.