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  • Congress has no power to make someone buy something.

    the 10th amendment limits the powers of the government to only those SPECIFICALLY granted by the constitution.

    It doesn't matter if there is nothing in the constitution to prevent the government from requiring the purchase of health insurance. That's not the way our law works. The power has to be specifically given to congress BY the constitution for it to be legal.

    The power of Congress include:

    the powers to levy and collect taxes; to coin money and regulate its value; provide for punishment for counterfeiting; establish post offices and roads, promote progress of science by issuing patents, create federal courts inferior to the Supreme Court, define and punish piracies and felonies, declare war, raise and support armies, provide and maintain a navy, make rules for the regulation of land and naval forces, provide for, arm, and discipline the militia, exercise exclusive legislation in the District of Columbia, and to make laws necessary to properly execute these powers.

    Sorry libs, forced health care is not constitutional.

  • Well, then. You can rest easy, huh?

    Problem is, you've got the commerce clause, and you've got the provisions that give Congress the power to tax and spend money.

  • forcing someone to spend their own money is not a tax, it is not raising money for government operations. weak argument #1.

    the commerce clause?

    "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes".

    says nothing of forcing individuals to buy something. weak argument #2. the commerce clause give the federal gov't power to regulate trade between states. not force people to buy things.

  • I am suprised that nobody has mentioned the fact all student loans will be taken over by big brother.

    Can you see another banker bailout on the way to stop them from losing any profits from this.

  • Yes, health care is a taxing and spending issue because it involves ...taxing and spending. But you guys can imagine this is unconstitutional all you like. You're just setting yourself up for another crushing disappointment.

    As for the student loan bill, this is a great idea. Let's unpack it for those who have better things to do than go through student loan bills. I'm guessing T doesn't know anything about it other than what he's been told to be afraid of, but there's nothing to be afraid of.

    First of all, the government has always been deeply involved in the student loan business, guaranteeing every loan private lenders made to students. (No one like T seemed to care about the "government takeover" then.)

    What is going to change is that we're no longer going to pay billions in taxpayer money to private lenders to service these loans, and back them to the tune of 97 cents on the dollar. Now the government is simply going to make the loans themselves. We're eliminating the step in the middle, which is mostly useless and wasteful.

    Eliminating this step, and loaning the money straight to students, saves $60 billion dollars over the next decade. And that money is going to go into more Pell grants, making more money available for student loans, making repayment terms easier, and some money will be even left over to put towards deficit reduction.

    And no more kickback scandals. Remember those? Some of these lenders had to pay millions in fines.

    Again, if you're a lunatic who freaks out every time the government performs a function it's fully capable of performing, you probably hate this, even though employing the private lenders is more expensive, led to countless problems, and they often gouged students with unpredictable rate hikes.

    Now we're going to save money, the system will be easier to understand for students, and the repayment terms will be more friendly. And at a time when college costs go up and up every year. Good policy, no?

    Plus, any private bank that wants to get in the student loan business by raising private capital is still free to do so. They're just no longer going to have the taxpayers to back them for providing a service that we don't really need them to provide anyway.

    This is a win for the government, it's a win for taxpayers, and it's a win for students.

    Thanks, Democratic Congress.

  • I am going to have to agree with Heck here. The government has always had a hand in backing student loans. And might I add, unlike health care, going to school is optional.

  • Don't worry, Kosar. We won't make it a habit.

    It was a nice gig for the lenders - loan out some money, mess with the rates, and if the student defaults, the government pays you back anyway. Who wouldn't want to keep that gravy train running?

    Some people wanted to continue this charade, including some Democrats who, oddly enough, come from states where these lenders reside. Imagine that!

    Thankfully they, and the Republicans, have lost this one. And we just saved $60 billion dollars, which will be mostly given back to students in the form of more Pell Grants.

    But hey, some people won't be able to run around mumbling about free markets anymore. Even though this wasn't a free market to begin with. And that makes them sad.

    Oh, well.

  • Don't worry, Kosar. We won't make it a habit.

    It was a nice gig for the lenders - loan out some money, mess with the rates, and if the student defaults, the government pays you back anyway. Who wouldn't want to keep that gravy train running?

    Some people wanted to continue this charade, including some Democrats who, oddly enough, come from states where these lenders reside. Imagine that!

    Thankfully they, and the Republicans, have lost this one. And we just saved $60 billion dollars, which will be mostly given back to students in the form of more Pell Grants.

    But hey, some people won't be able to run around mumbling about free markets anymore. Even though this wasn't a free market to begin with. And that makes them sad.

    Oh, well.

    @heckofajobbrownie said:

    And we just saved $60 billion dollars, which will be mostly given back to students in the form of more Pell Grants.

    Show me the money? It is like show me the llink to that statement. The gripe over this is that the profits which are enormous will be earned by Big Brother. Will they be taxed on profits since they are now the largest business in America?

  • That's from the CBO report. $61 billion over ten years would be saved. If you want a link, try Google and in a millisecond you should have a few hundred hits, since the figure is everywhere. The fact that you haven't seen it tells me you haven't been following this all that closely, or at all. Someone just told you about a "GOVERNMENT TAKEOVER" and that's all you needed to hear.

    And no, this isn't going to be run as a traditional for-profit business, and non-profit lenders can also compete for these loans.

    Any other questions?

  • come on Heck.... seriously constitutional law....... pretty heavy reading for anyone...... cal and company are not interested in studying anything objectively so constitutional law is WAY beyond them.

    All they want to do is post op-ed pieces and parrot what their party politics are pushing toward the sheep.

    I once thought you could actually reason and have a real discussion on the merits of each respective position........ but that is not possible.

    @osusev said:

    come on Heck.... seriously constitutional law....... pretty heavy reading for anyone...... cal and company are not interested in studying anything objectively so constitutional law is WAY beyond them.

    All they want to do is post op-ed pieces and parrot what their party politics are pushing toward the sheep.

    I once thought you could actually reason and have a real discussion on the merits of each respective position........ but that is not possible.

    No, of course not. Believe me, after five years, I know this. But I'm not here for reasoned discussion.

  • Yes, health care is a taxing and spending issue because it involves ...taxing and spending. But you guys can imagine this is unconstitutional all you like. You're just setting yourself up for another crushing disappointment.

    As for the student loan bill, this is a great idea. Let's unpack it for those who have better things to do than go through student loan bills. I'm guessing T doesn't know anything about it other than what he's been told to be afraid of, but there's nothing to be afraid of.

    First of all, the government has always been deeply involved in the student loan business, guaranteeing every loan private lenders made to students. (No one like T seemed to care about the "government takeover" then.)

    What is going to change is that we're no longer going to pay billions in taxpayer money to private lenders to service these loans, and back them to the tune of 97 cents on the dollar. Now the government is simply going to make the loans themselves. We're eliminating the step in the middle, which is mostly useless and wasteful.

    Eliminating this step, and loaning the money straight to students, saves $60 billion dollars over the next decade. And that money is going to go into more Pell grants, making more money available for student loans, making repayment terms easier, and some money will be even left over to put towards deficit reduction.

    And no more kickback scandals. Remember those? Some of these lenders had to pay millions in fines.

    Again, if you're a lunatic who freaks out every time the government performs a function it's fully capable of performing, you probably hate this, even though employing the private lenders is more expensive, led to countless problems, and they often gouged students with unpredictable rate hikes.

    Now we're going to save money, the system will be easier to understand for students, and the repayment terms will be more friendly. And at a time when college costs go up and up every year. Good policy, no?

    Plus, any private bank that wants to get in the student loan business by raising private capital is still free to do so. They're just no longer going to have the taxpayers to back them for providing a service that we don't really need them to provide anyway.

    This is a win for the government, it's a win for taxpayers, and it's a win for students.

    Thanks, Democratic Congress.

    @heckofajobbrownie said:

    Yes, health care is a taxing and spending issue because it involves ...taxing and spending. But you guys can imagine this is unconstitutional all you like. You're just setting yourself up for another crushing disappointment.

    Sorry, that is just weak. Requiring someone to buy something is not a tax. It doesn't matter what it involves or does not involve. Making someone buy healthcare is NOT any part of:

    "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States"

    If Congress wanted to tax everyone and then buy them insurance, yes that would be constitutional. But they cannot make someone buy something, it's not in the constitution. They cannot do it.

    The only examples congress has ever used a tax other than to raise revenue:

    To regulate industry

    to discourage industry

    tariffs for protectionism

    weak argument #3

  • Pumpin, go back and read what I read. The power to do this rests in the tax and spending provisions and the commerce clause.

    You're reading the text of the Constitution, and disregarding years of legal precedent. These things are not as simple as looking at the original document as it was written in 1789 and saying, "Hey, that's not in there!"

    It's just a conservative fantasy.

    Wanna bet?

  • Also, do you want to stop for a second and think of two forms of insurance the government already makes you buy? (Hint: look at your paycheck.)

  • One is a tax to provide a safety net.

    The other is a forced procurement of a service, and a penality for not procuring it,

    while setting up the abolishment of any competition.

    egad.

  • Pumpin, go back and read what I read. The power to do this rests in the tax and spending provisions and the commerce clause.

    You're reading the text of the Constitution, and disregarding years of legal precedent. These things are not as simple as looking at the original document as it was written in 1789 and saying, "Hey, that's not in there!"

    It's just a conservative fantasy.

    Wanna bet?

    @heckofajobbrownie said:

    Pumpin, go back and read what I read. The power to do this rests in the tax and spending provisions and the commerce clause.

    You're reading the text of the Constitution, and disregarding years of legal precedent. These things are not as simple as looking at the original document as it was written in 1789 and saying, "Hey, that's not in there!"

    It's just a conservative fantasy.

    Wanna bet?

    So which way will you have it?

    Was or is Obama a Constitutional lawyer?

    You are contradicting yourself from earlier posts saying that Obama studied the Constitution. Just like a crook studies a building so as to find an easy and undetectable way of entering.

  • Oh, for God's sake. Just a little self-awareness about how big a nut you are would do a world of good. Just a little.

  • Also, do you want to stop for a second and think of two forms of insurance the government already makes you buy? (Hint: look at your paycheck.)

    @heckofajobbrownie said:

    Also, do you want to stop for a second and think of two forms of insurance the government already makes you buy? (Hint: look at your paycheck.)

    We aren't using SS and Medicare as examples of how government programs run efficently are we?

    WSS

  • Oh, for God's sake. Just a little self-awareness about how big a nut you are would do a world of good. Just a little.

    @heckofajobbrownie said:

    Oh, for God's sake. Just a little self-awareness about how big a nut you are would do a world of good. Just a little.

    We have seen you flip flop back and forth on this for weeks.

    Maybe you need to cut back on the self medication.

    As you know a nice government doctor will help you.

    Just take a number and they will call you in a few months

  • @heckofajobbrownie said:

    Also, do you want to stop for a second and think of two forms of insurance the government already makes you buy? (Hint: look at your paycheck.)

    We aren't using SS and Medicare as examples of how government programs run efficently are we?

    WSS

    @westside-steve said:

    We aren't using SS and Medicare as examples of how government programs run efficently are we?

    WSS

    There's nothing wrong with the efficiency of Social Security. Taking in tax money and cutting checks to retirees isn't a hard thing to do. There's a long-term funding problem with SS because of demographic changes. And Medicare has far lower overhead costs than private insurance does. It too has a funding issue, and also a fraud issue.

    But no, we're talking about something else entirely, namely that the government takes money to pay for both insurance programs out of your paycheck, and you can't opt-out.

    That's more compulsory than the health care bill will be, and yet no one is suggesting that SS and Medicare aren't Constitutional.

    Now, you can make the public/private argument if you want, and that auto insurance is different because it's a state thing, but I'm telling you that the chances that a federal court is going to rule that this falls out of the purview of the commerce clause and the taxing and spending provisions of the Constitution is extremely slim. Even with a conservative court that has been very "activist" lately.

    But if you think I'm wrong, go ahead and bet me. Should be easy money for the charity of your choice.

  • @westside-steve said:

    We aren't using SS and Medicare as examples of how government programs run efficently are we?

    WSS

    There's nothing wrong with the efficiency of Social Security. Taking in tax money and cutting checks to retirees isn't a hard thing to do. There's a long-term funding problem with SS because of demographic changes. And Medicare has far lower overhead costs than private insurance does. It too has a funding issue, and also a fraud issue.

    But no, we're talking about something else entirely, namely that the government takes money to pay for both insurance programs out of your paycheck, and you can't opt-out.

    That's more compulsory than the health care bill will be, and yet no one is suggesting that SS and Medicare aren't Constitutional.

    Now, you can make the public/private argument if you want, and that auto insurance is different because it's a state thing, but I'm telling you that the chances that a federal court is going to rule that this falls out of the purview of the commerce clause and the taxing and spending provisions of the Constitution is extremely slim. Even with a conservative court that has been very "activist" lately.

    But if you think I'm wrong, go ahead and bet me. Should be easy money for the charity of your choice.

    @heckofajobbrownie said:

    There's nothing wrong with the efficiency of Social Security.

    Right.

    Tell ya what, if I coulda put my SS tax in the shittiest passbook savings account the bank offered from the start of my working life I'd be retired in a mansion today.

    But no shit the demographics have changed.

    Good luck putting it back in line with the original plan.

    You may have noticed government giveaways are hard to adjust.

    That'd make retirement age what, 80?

    But no, we're talking about something else entirely, namely that the government takes money to pay for both insurance programs out of your paycheck, and you can't opt-out.

    Workmen's Comp? There's a well oiled machine. SSI disability? Another doozy.

    But if you think I'm wrong, go ahead and bet me. Should be easy money for the charity of your choice.

    Have I sid I think any of this shit will be declared uncinstitutional?

    No.

    So why harp on it?

    If it makes you feel like you won an argument we aren't having go ahead.

    WSS