"it's still not the federal govt's place to impose"
You do realize I'm sure, that you are welcome to this opinion.
If you'd like to make it meaningful, the process is to ammend our Constitution, of course changing it to a different Constitution.
Have at it.
??? what about the analogy of federal govt imposing the mandate about sex?
That was the point of this, did you answer that?
by your answer, if some majority decided to pass a mandate requiring citizens
to show proof of ability to pay for a pregnancy/baby before having sex, or else
pay a penalty to govt to cover the costs,
then would your answer be:
"go pass a Constitutional amendment to overturn this law imposed by federal govt"
Would you really accept the law just because it was passed by majority rule?
or would you say it was outside federal authority to pass such a law?
The sex analogy is quite appropriate, and highlights a real danger in making our freedoms dependent on our ability to insure others against the associated risks.
In my view, one of the primary functions of government is to manage and regulate the risks that the mutual exercise of our freedoms presents in a pluralistic society. It's not always necessary for someone to be harmed to warrant laws controlling certain behaviors. If an activity presents too much of a threat, we make it illegal (driving too fast through residential areas, for example). The key point here is that such decisions are the proper purview of government, not private concerns.
I think the move to 'outsource' this management of risk to private corporations, to tie our rights to our ability maintain an insurance policy, is a dangerous trend. Some states are pursuing this avenue regarding risks presented by gun ownership, or consumption of alcohol - requiring that gun owners or bar operators maintain insurance covering potential damages. This sets up insurance adjusters as the arbiters of our rights, rather than police and judges. It also makes our rights a function of how much insurance we can afford. All of this flies in the face of he fundamental concepts of equal protection and equal rights.
It also points out that all laws and government actions have recursive repercussions throughout society. We have a law that it is illegal to murder people, this causes us to form a justice system, we have to fund that justice system. Essentially, taxes paid and spent on the justice system is a form of insurance against any one of us committing murder for the purpose of putting us away if we do. What would be better is a system where all of the assets of guilty people are used to fund the system thus not penalizing the innocent. But there we have it, our system is somewhat backwards in so far as we have decided to punish the innocent with taxes as well as the guilty. Worse, if you are rich you get punished progressively for our wars on drugs, gangs, gun crime, etc.
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