Federal judge nullifies obamacare

[Kirk Freeman]

The word "Militia" is used; yet it is defined no where in the Constitution. I think they were stretching when they tried to include every living man in the country to be a part of the militia.

Because Congress can define it and does, 17 to 45 year old males.

Indiana defines Millitia as all persons, male and female, of majority age.

ARTICLE XII, § 1. A militia shall be provided and shall consist of all persons over the age of seventeen (17) years, except those persons who may be exempted by the laws of the United States or of this state. The militia may be divided into active and inactive classes and consist of such military organizations as may be provided by law.

 

[firehawk1]

Just change it to a tax instead of a purchase and all this goes out the window.

Welcome to the Social Security Debate 70 years later.

^THIS^

Rep for the historical reference! AND how this is most likely going to play out.

 

[Pocketman]

Should mandatory health insurance be found as unconstitutional, what does that do for Romney and Massachusetts?

Insurance companies do not market in all states because the laws are so diverse and often unfriendly to insurance companies.

Tort reform would hopefully lower the costs of malpractice insurance; expensive cya testing; and lower prescription drug costs.

 

[mrjarrell]

Should mandatory health insurance be found as unconstitutional, what does that do for Romney and Massachusetts?

Insurance companies do not market in all states because the laws are so diverse and often unfriendly to insurance companies.

Tort reform would hopefully lower the costs of malpractice insurance; expensive cya testing; and lower prescription drug costs.

It means nothing for Romney (now a private citizen and would be gop candidate) and nothing for Massachusetts. There is nothing that forbids a state from enacting a plan such as Romney-care. The judges are ruling on the federal governments power to do so, the states already have the power to do it.

Tort reform would go some distance in lowering overall costs, but it's not the single most important thing. There are loads of issues that need to be addressed, along with tort reform.

 

[ATOMonkey]

^THIS^

Rep for the historical reference! AND how this is most likely going to play out.

Which kind of makes me wonder if they sabotaged themselves on purpose...

 

[chraland51]

They way I look at health care is that I paid for it when I was young, healthy and strong and rarely every went to see a doctor for many years. At that time, I was probably suplementing the old fart's rates to keep them lower. I did not complain about it. That was just the way that it was---one big shared pool. Now that I am one of those old farts and am hitting the health care trough much more often, it does not seem fair to segregate and separate me from those younger and healthier and into a much higher cost pool for only old farts who feed often at the health care trough.

 

[ATOMonkey]

This is one of those instances where perception is not reality.

When you were young, you were primarily paying the insurance company to stay in business and generate profit. None of your money went to paying out claims for higher risk participants.

Now, that is an accurate perception of the way car insurance works. One big pool.

Health insurance is lots and lots and lots of little pools.

 

[BigMatt]

There is nothing that forbids a state from enacting a plan such as Romney-care. The judges are ruling on the federal governments power to do so, the states already have the power to do it.

This^^^ States rights are an often overlooked item. If the Federal Government would get out of everything except defense and real interstate commerce, states would pick up the slack as they see fit. This would allow you to move from state to state until you found one that fits your needs on all of the state government run programs and taxes.

 

[Spot Me 2]

The problem with our heathcare system is that it is not part of our free market system! Its the only thing we see the price for only after we use it. If every provider had to list their prices, cost would tumble. There would be competition. Just a quick example. If you had to get a blood test done and you went online to check prices for said test close to you. Place A charges $450. Place B charges $390, and place C charges $199. Where are you going to go to get that test done???
In our current system, you pay your $40 co-pay, get the test done, and then pay the $180 + or - for what your insurance doesn't cover because they charge you whatever you want. You don't know if the clinic down the street does the same test for hundreds less.

Make heath care a true free market system and watch prices magically fall inline!!

 

[M1 carbine dad]

ARGH ! I had this really great reply about Article 1 Section 8 to post and I had it almost ready to go, my computer refreshed and it was GONE!!!!

I hate that! So, I'm going home and maybe I'll try again.

BTW, I still don't see anything that tells me that Art 1 Sec 8 is the constitutional authority for this bill. None of the sections, when investigated and defined on the law websites, seem to lead me to the conclusion that this article/section will pass muster as the reason.

 

[hornadylnl]

ARGH ! I had this really great reply about Article 1 Section 8 to post and I had it almost ready to go, my computer refreshed and it was GONE!!!!

I hate that! So, I'm going home and maybe I'll try again.

BTW, I still don't see anything that tells me that Art 1 Sec 8 is the constitutional authority for this bill. None of the sections, when investigated and defined on the law websites, seem to lead me to the conclusion that this article/section will pass muster as the reason.

If the constitution doesn't give the government the power to impose obamacare, it is powerless to prevent it.