Ellipses to prevent wall of text.
RuffDraft wrote:
I don't know what you mean by "most" constitutional professors...That violates the Enumerated Powers clause.
I wasn't talking about the commerce clause.
Here is what I've found to back up what I said:
http://tpmdc.talkingpointsmemo.com/2012 ... fpnewsfeedhttp://www.bloomberg.com/news/2012-06-2 ... grees.htmlRuffDraft wrote:
Also, throughout the debates and discussions over the law... so I will have to read that before I completely understand what it is they meant.
Fair point, not one I really brought up so it's not really something to argue about. An analogy could be just because someone says something is unconstitutional doesn't make it so - just because you say something is a tax doesn't mean it isn't. My guess would be that they wanted to avoid calling it a tax due to the political fodder it would create.
RuffDraft wrote:
As for this being a Conservative idea... if that were the case, the Conservatives would have come up with it, not the Liberals. And Liberals in congress would have been opposed to it for that very reason. Also it strongly violates many of the Conservative ideologies, including limited Federal government, so I'm not sure exactly where you see this as a "Conservative idea." Not to mention that this bill means that we, the Middle Class, will be seeing approximately twenty-two new taxes added on to our income.
The conservatives came up with the individual mandate in the 90s. Obviously, they did not come up with the text of the law itself, but the elemental core of it came from Newt Gingrich and was bolstered by Mitt Romney with his enactment of universal health care in Massachusetts. Whether they're true conservatives in your book would influence your personal interpretation of it of course (same as how you might consider Obama a liberal but I'd consider him a moderate), but in the arena of politics, they are considered conservatives.
RuffDraft wrote:
I'm not sure if you see taxation the same way that I do, but isn't all tax just money that someone forces you to pay under threat of violence? How else would they enforce a law but with violence?
It's stipulated in the law that they most they can do is fine someone, and I believe the fines are pretty pathetic at the start though they get near a $1,000 after a couple years. So I can definitively answer you on this in that it is not backed by a threat of violence. The weak capability of the government to enforce this was a compromise as far as I can tell. Also you're sidetracking here honestly, unless you consider imprisonment to be violence, then you already know that the government for the most part does not enforce law with violence. Maybe philosophically this can be true, but practically, no, there is no threat of violence, or even imprisonment, for failure by an individual to comply with this law.