[zuhraliyana]

It seems the fight is about the constitutionality of forcing people to purchase health insurance. How does this differ from forcing people to buy auto insurance?

[Emapymosy]

The Federal Government does not force you to buy Auto insurance: State governments do. States have different constitutions and legislative abilities. In many states (such as Indiana), you are not required to have auto insurance if you can show an assurance of financial responsibility.

In using an Automobile you are making use of a shared public resource in the roads you travel upon. Thus you are somewhat in the public domain while using that vehicle. Most required Auto insurance is to protect others property or pay for injury to others because of your actions. You aren’t required to insure your vehicle for your loss. Health insurance is for yourself or your family. You also don’t have to have a vehicle, thus no need to insure one. Being alive is the requirement for Health Insurance. What is the option to living?

[zuhraliyana]

The Federal Government does not force you to buy Auto insurance: State governments do. States have different constitutions and legislative abilities. In many states (such as Indiana), you are not required to have auto insurance if you can show an assurance of financial responsibility.

In using an Automobile you are making use of a shared public resource in the roads you travel upon. Thus you are somewhat in the public domain while using that vehicle. Most required Auto insurance is to protect others property or pay for injury to others because of your actions. You aren’t required to insure your vehicle for your loss. Health insurance is for yourself or your family. You also don’t have to have a vehicle, thus no need to insure one. Being alive is the requirement for Health Insurance. What is the option to living?

You are not required to seek medical attention if you are sick or injured. Those who are uninsured cost the rest of us in the form of higher fees and higher premiums. Are states really exempt from the Constitution of the United States? Are states exempt from federal laws?

[Agrisalia]

You are not required to seek medical attention if you are sick or injured. Those who are uninsured cost the rest of us in the form of higher fees and higher premiums. Are states really exempt from the Constitution of the United States? Are states exempt from federal laws?

Not seeking medical attention: Correct, however in some cases the alternative to getting that attention is death or permanent impairment.

The uninsured do not cost us: Those who do not or cannot pay cost us. Uninsured people who pay for their treatment do not cost us a penny in increased fees.

States aren't exempt from the US Constitution, though in some cases I believe they are exempt from federal laws. Also in many cases, States have a greater ability to pass laws both restricting and putting burdens upon their citizens. Theft is not a Federal crime, in most cases murder isn't a federal crime. Buying Auto insurance is not a Federal law. These are all governed by State laws.

[zuhraliyana]

Not seeking medical attention: Correct, however in some cases the alternative to getting that attention is death or permanent impairment.

The uninsured do not cost us: Those who do not or cannot pay cost us. Uninsured people who pay for their treatment do not cost us a penny in increased fees.

States aren't exempt from the US Constitution, though in some cases I believe they are exempt from federal laws. Also in many cases, States have a greater ability to pass laws both restricting and putting burdens upon their citizens. Theft is not a Federal crime, in most cases murder isn't a federal crime. Buying Auto insurance is not a Federal law. These are all governed by State laws.

So my question is if the Supreme Court says forcing the people to buy health insurance is unconstitutional does that mean forcing the people to buy any other kind of insurance is unconstitutional?

[Klissineopar]

So my question is if the Supreme Court says forcing the people to buy health insurance is unconstitutional does that mean forcing the people to buy any other kind of insurance is unconstitutional?

Good point Hairy. IF forcing purchase of insurance for all citizens is unconstitutional, where does this leave Social Security?

[Emapymosy]

So my question is if the Supreme Court says forcing the people to buy health insurance is unconstitutional does that mean forcing the people to buy any other kind of insurance is unconstitutional?

The Supreme Court will be ruling on the Constitutional authority of Congress to enact this legislation. They will not be ruling on the legal authority of a State Legislature to impose that requirement on it's citizens. Because a law is not valid as a Federal law, does not mean that that same law would be invalid in any State that passed it. In fact a law that was passed in every single state it could be valid in all states, yet be unconstitutional as Federal law. A State, (via the 14th Amendment), cannot pass a law a law countermanding a valid Federal Law. However they can pass many laws that are not governed by the US Constitution or Federal code.

[Emapymosy]

Good point Hairy. IF forcing purchase of insurance for all citizens is unconstitutional, where does this leave Social Security?

Social Security Constitutionality

[chinesemedicine]

Are states really exempt from the Constitution of the United States? Are states exempt from federal laws?

Yes and no.
The 10th Amendment addresses these exact questions.
See: http://www.usconstitution.net/const.html#Am10

[Klissineopar]

Social Security Constitutionality

Good article Armyda. A lot of history covered therein. My opinion is that if they were able to enforce Social Security, they will be equally able to enforce Health Care insurance. Of course the Supreme Court doesn't call me that often regarding my opinions.

[zuhraliyana]

Yes and no.
The 10th Amendment addresses these exact questions.
See: http://www.usconstitution.net/const.html#Am10

Thank you, Nathan. I had to reread it a few times to grasp it, but I think I get it now.