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Could we sue the government on constitutional grounds if it tries to mandate that people must buy insurance?
We passed laws to allow the government to provide certain services to people that, by choosing to use the service, have agreed to the process. Now, we can debate whether certain programs should have been provided by the federal government, but the people using the program are doing it voluntarily.
Now, if the government tries to mandate that everyone must buy insurance, that seems like a big step to take. If necessary, I would be willing to legally fight for a person's right to not purchase insurance if they made the decision to not buy it, or, for my right to choose the plan that I want. Presently, I am on a high-deductible plan (one that probably would be considered under-insured by the new law).
Gary F - Sure, car insurance being mandatory seems similar, but there is a big difference. They mandate that you carry liability, not collision. That is protecting the other people on the road that you may cause damages to far above and beyond your ability to pay. Requiring mandatory health insurance is like requiring you to pay insurance to protect your car from damages. What if the government said you had to pay $500 a year for collision on your car whether you had a $1000 junker or a $25,000 new car?
Thanks Yakov and lilcapo. Just being on the same screen with such intellectual giants such as yourself is a privilege.
Sage: Just because we have chosen to accept certain areas where the government has exercised powers not specifically granted to it does not mean that we automatically allow the government to have any control. In effect, when we have not disputed the rule or law for past issues simply means that we have accepted and approved, by default, its application. In this case, I am not ready to concede that the government should run health care. Therefore, on constitutional grounds, we still have the option to argue that the government does not have this authority.
8 Answers
- ?Lv 71 decade agoFavorite Answer
I plan to be involved in this at some level, if necessary. Particularly if they step into the non-profit arena.
The answer is YES. We can also be suing over the car TAKING. And whatever else we think they're TAKING from us or our STATES. And they do NOT own the Court. That's the beauty of our United States Supreme Court! No one owns it. Libs know it and they hate it. Which is why you do not elect a democrat as president, with a democrat majority in congress and an aging Supreme Court. Let's not let it happen again!!
Case-law can be distinguished from new facts and new law. Especially old case-law.
Source(s): Gary, owning a car and driving a car are privileges, not rights. The right to my own body was I think established pretty clearly in 1973. Not that I like that particular "right," but they dealt it and they can smell it. This "right" to my body, I will fight with my life. It's my life. I will fight for it. I'm a lawyer. - Anonymous1 decade ago
You must not own a car or you would know that the government already does that.
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The issue is not health insurance, it is health care. If people are entitled to health care as a right (and not a privilege), then it is a basic need for the government to address as it does police and fire protection and education.
- SageandscholarLv 71 decade ago
Your premise that all other services are used voluntarily is wrong.
The government mandates everyone must get some degree of an education.
- 1 decade ago
Govt doesn't need to ask your permission. Just like everything else they want they take out of your paycheck. Did I want to have Social Security or Medicare? They always put exclusion in the laws for themselves but leave us no option (public option). Trust them they know what's best for you. They'll tell you whatever you want to hear, just ask them.
In other words you xcrewed.
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- Anonymous1 decade ago
You could but who do you think appoints the Supreme Court Judges ...? o thats right the government...
- 1 decade ago
Yeah... good luck with that one.
Maybe you should do the gene pool a huge favor and go play on the interstate.
- madartLv 61 decade ago
Of course you can. Anyone can sue anyone for anything. But I wouldn't expect to win if I were you.
