Does Romney-care have a mandate to buy insurance? Then if

[doc03]

the USSC rules the mandate is unconstitutional wouldn't it also make the mandate in Romney-care unconstitutional? If Romney turns out to the Republican nominee wouldn't that be kind of problem for the Republicans also?

[MADem]

1. Well, if you don't buy, you get a tax surcharge, in essence. nt

[doc03]

4. So it is exactly like the so called Obama-care mandate

the Republicans going nuts over? Sounds like Romney will have some splainin to do.

[MADem]

25. Yep--it pretty much is. Romney wanted the Presidency last time, that's why

he came up with it. He figured he could beat off the objections during the primary run and use them to his advantage in the general.

He didn't count on spending twenty million of his own cash and having people STILL turn up their nose at the guy!

[PoliticAverse]

2. No, because Romeny-care is a state mandate not a Federal one. n/t

[belcffub]

3. yup... there are things

states can do that the fed can't...

[doc03]

5. So they use the old states rights BS in this case? Doesn't make

sense to me, don't the states have to follow the US Constitution? Take the second amendment, the states can't take your gun rights away. They can't take your first amendment rights from you or make slavery legal. But they can make you buy insurance?

[belcffub]

6. no BS...

there are some things states are permitted to do that the fed can't... and vice versa... not really to complicated to comprehend

[quickie question]

8. It's most certainly a charged term

because of the way the racists used it. However, it's still a vital part of our government and anybody who is politically active should have an understanding of it.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

It will be worth the time to take 15 minutes to get up to speed on it because it's going to become a big part of the political discussion in the coming year regarding health care.

[doc03]

14. So instead of going for a public option Obama

tries to make nice and compromise with the Republicans and gave them what they wanted. McCain, Romney, Gingrich and others I bet all were in favor of a mandate. So now the HCR bill could be pretty much wiped out by the Republican owned USSC. So that is why Romney says he is against mandate saying what works in Massachusetts won't work in the US.

[quickie question]

15. Bingo.

But they weren't in favor the mandate.

Also, if Obama would have been straight forward and called the mandate a tax instead of a mandate (they did it so it couldn't be called a new tax) it would be much easier to get through the courts.

[doc03]

17. They weren't in favor of the mandate? I remember everyone of

that bunch being in favor of a mandate at one time or another. Romney has been pretty much on both sides of every issue there is. I think it was Tweety that played a video today of Newt proposing the mandate a few years ago. I am sure McCain did in the last election.

[quickie question]

22. McCain was front and center fighting the bill

Romney is all over the place as you say but has said numerous times it's okay for a mandate at the state level but not federal.

[doc03]

23. McCain's plan before the election included a mandate and

of course after it was put in the HCR bill he was then against it. Like I said, I just watched it again a few minutes ago on Tweety, Gingrich was for the mandate to until it became part of the HCR bill. Romney is like a chameleon.

[PoliticAverse]

18. The administration has been arguing in the courts that it is in fact a tax.

http://www.nytimes.com/2010/07/18/health/policy/18health.html

[quickie question]

20. I realize that.

If you've been paying attention, that's been one of the big deals about this entire thing. They called it anything other than a tax to get it through and now that it needs to be a tax, they are calling it a tax.

[former9thward]

16. The 14th Amendment made the most of the first 10 amendments apply to the states.

So yes the 1st A and 2nd A and some others apply to state and local government. The federal health care law is being challenged under a different provision of the Constitution -- the Commerce clause. This does not apply to MA because MA does not have a commerce clause in its constitution.

[nineteen50]

7. I thought this was an old heritage foundation idea that

Romney resurrected.

[NNN0LHI]

9. Look at it like this

If they found this unconstitutional the government could no longer legally withhold FICA for SS and Medicare.

And that is not going to happen.

Don

[doc03]

10. I wouldn't bet the farm on that n/t

[NNN0LHI]

11. I would

[quickie question]

13. That's no necessarily true.

Those are clearly defined taxes which the 16th amendment can be bent to allow for.

The mandate was specifically called something other than a tax to ensure it couldn't be called a new tax.

[PoliticAverse]

19. And in courts the administration has been defending it as a tax.

http://www.nytimes.com/2010/07/18/health/policy/18health.html

[quickie question]

21. I know.

They've flipped on that issue now that it's been passed.

If you remember the fight over it, it was called a mandate to get it through.

[librechik]

12. yes, it certainly does. n/t

[Proud Liberal Dem]

24. I've wondered the exact same thing

Surprisingly I haven't heard the same level of anger- from the right- about being forced to purchase private insurance in that state nor have I heard about Massachusetts becoming a state dictatorship because people have to do it. Where is the public outrage? Where are the torches and pitchforks? Why aren't people afraid that Massachusetts state bureaucrats are gonna kill granny? Why hasn't anybody tried to get Romneycare declared unconstitutional? Oh yeah, a Republican signed THAT law and it was o.k. then. :eyes: