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nope, because we arent dealing with the first amendment in this case. but under the Reagan era law requiring hospitals to service patients regardless of their ability to pay, the government could force the NYT to provide newspapers to everyone regardless of their ability to pay.this coming from the person who refuses to answer simple yes or no questionsWhen you build your 'comment' on a false premise, I destroy it, making you look foolish and completely invalidating you empty rhetoric.
Deal with it.
Are you trying to argue that the New York Times Corporation can be silenced by Congress because they are a 'corporation'?
I love to destroy libs on this one! Let's roll. LOL
you keep avoiding the question. answer my simple questions and we can proceed.
Your being disengenuous with your answer to me.
If this law is passed, yes the government can mandate you wear a brimmed hat outside in the Sun. Spin it until the cows come home
nonsense, my friend. that's absurd.
the mandate is a means of making everyone carry their fair share. that was the individual responsibility that the Heritage Foundation and all the rightwingers wanted. It's only because a democratic president enacted it that the right now takes issue with it.
That's what's disingenuous.
I'll also point out that the commerce power is plenary and direct your attention to Wickard v Filburn.
Wickard v. Filburn | The Oyez Project at IIT Chicago-Kent College of Law
Could you define the market everybody has to buy food sooner or later, so you define the market as food, therefore, everybody is in the market; therefore, you can make people buy broccoli, Scalia said.
true, but you can also choose to grown your own food and that negates purchasing it from a store.From Justice Scalia:“Could you define the market — everybody has to buy food sooner or later, so you define the market as food, therefore, everybody is in the market; therefore, you can make people buy broccoli,” Scalia said.
I think we need to mandate some kind of remedial message board quote function training.
true, but you can also choose to grown your own food and that negates purchasing it from a store.From Justice Scalia:Could you define the market everybody has to buy food sooner or later, so you define the market as food, therefore, everybody is in the market; therefore, you can make people buy broccoli, Scalia said.
true, but you can also choose to grown your own food and that negates purchasing it from a store.From Justice Scalia:Could you define the market everybody has to buy food sooner or later, so you define the market as food, therefore, everybody is in the market; therefore, you can make people buy broccoli, Scalia said.
what local zoning ordinance prohibits you from growing food in your own backyard? such as a garden........ genius idea.......true, but you can also choose to grown your own food and that negates purchasing it from a store.From Justice Scalia:
and if a zoning ordinance in your township prevents you from growing food... what? You starve?
true, but you can also choose to grown your own food and that negates purchasing it from a store.From Justice Scalia:Could you define the market everybody has to buy food sooner or later, so you define the market as food, therefore, everybody is in the market; therefore, you can make people buy broccoli, Scalia said.
true, but you can also choose to grown your own food and that negates purchasing it from a store.
what local zoning ordinance prohibits you from growing food in your own backyard? such as a garden........ genius idea.......true, but you can also choose to grown your own food and that negates purchasing it from a store.
and if a zoning ordinance in your township prevents you from growing food... what? You starve?
I think we need to mandate some kind of remedial message board quote function training.
Damned if I know how that happened.
I think we need to mandate some kind of remedial message board quote function training.
Damned if I know how that happened.
Heh... probably some kind of php snafu.
the difference being that wickard was in the business of growing food to sell on the open market. in this case, the individual would be producing food for his own consumption and is not engaged in the business of selling food for profit. wickard was also given his land by the department of agriculture.true, but you can also choose to grown your own food and that negates purchasing it from a store.From Justice Scalia:
That was the argument in Wickard and the court rejected it because it was "an instant" away from interstate commerce.
You fail.
wow, hostility from the right, who knew...
well in the eyes of the law corporations are treated the same as people. remember the famous Romney line, "well corporations are people to." well since the government is mandating "corporations" provide a service to customers regardless of that customers ability to pay, this sets the precedent for the government enacting a mandate on people.
'Government' enacts all sorts of mandate on people. You can't drive 135 miles down the highway, or example.
The issue here is whether or not the Federal government has broad, new powers to force a person to participate in commerce to regulate commerce.
You suck at this sort of thing.
Except that the government isn't forcing them to participate in commerce. They're already in the market now, they're just choosing to pay for any potential injuries out of pocket.
the difference being that wickard was in the business of growing food to sell on the open market. in this case, the individual would be producing food for his own consumption and is not engaged in the business of selling food for profit. wickard was also given his land by the department of agriculture.true, but you can also choose to grown your own food and that negates purchasing it from a store.
That was the argument in Wickard and the court rejected it because it was "an instant" away from interstate commerce.
You fail.
"He was given a wheat acreage allotment of 11.1 acres under a Department of Agriculture directive which authorized the government to set production quotas for wheat." this is what gave the government the authority to regulate his commerce. is the DOA going to give me land to live on now?
how is this the same?
I'm sure Obama is very quietly hoping the Mandate fails muster. It's one of the most corrupt and unpopular pieces of legislation and a SCOTUS turnover would make it a dead issue in November. If they uphold it, he's saddled with defending it.
An interesting side effect of the mandate is that with the other clauses, which were well within the Feds regulatory power and which are actually pretty popular, private insurance companies are likely to go out of business in a generation, or private policies will spiral completely out of the price range of most folks. However, no one in their right mind is going to try to touch pre-existing condition clause, the no cap clause, or the college age children clause, so it's kinda inevitable we will have a single payer system once the Mandate dies.
