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Is the Individaul Mandate Constitutional?

BrianD3 2012/03/27 16:07:26
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WASHINGTON -- It's a frigid morning here outside the Supreme Court building on Capitol Hill, as a few hundred early rising, sign-toting demonstrators march in circles below the white marble steps. Conservative and liberal groups have both set up P.A. systems along the sidewalk and are trying to outshout one another, while foot soldiers wave signs in front of them.


"Protect our care, protect the law!" one man belts into his microphone.


At the same time--and with the same cadence as though they're in unison--a woman chants, "Stop Obamacare, we love freedom!"


Signs trot by demanding "Birth control for me" and "Keep your Ovaries off my Rosaries." One man is wearing a dress like the Statue of Liberty. The Black Eyed Peas play on the loudspeakers.


And this is just the calm before the storm.


Later on Tuesday, thousands of conservatives are scheduled to arrive in nearly 60 buses for what they're touting as a massive demonstration in a nearby park organized by the conservative Americans for Prosperity. Inside the court building, the justices will hear oral arguments over whether the government has the power to force most Americans to buy a commercial product, or pay a penalty--one of the most contentious provisions in the federal health care law.


To watch the historic case, scores of people waited outside through the night, where temperatures dipped into the 20s. Some slept on cots, while the less prepared huddled under blankets spread over the pavement.


Katherine Larsen, 27, and Hillary Klemmpt, 24, arrived at 5:30 the night before with hopes to get a seat. Larsen had never slept outside in her life, and showed up wearing four layers of clothing and nothing but a light blanket to sleep on. Both took a vacation day to spend the night on the street.


When the sun rose, guards from the Supreme Court walked down to admit the first 60 people in line to get the few seats available in the chamber. Klemmpt and Larsen were numbers 61 and 62.


There's still a chance they can slip in, but with each passing minute the odds decrease.


Back in front of the steps, where the demonstrators were chanting, a Tea Party group gathered in front of cameras with copies of the healthcare law in their hand.


"We will not comply!" a man with a microphone said. "We will not yield!"


With that, about a dozen people ripped the papers into shreds.


Liberal protesters booed them. "Don't litter!" someone shouted in the crowd.


"Don't worry," the man said, the ripped shreds of paper in his hands. "We're not Occupy Wall Street. We pick up after ourselves."

Read More: http://news.yahoo.com/blogs/ticket/demonstrators-b...

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Top Opinion

  • Rusty Shackleford 2012/03/27 16:20:30
    NO, it is not Constitutional
    Rusty Shackleford
    +8
    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.

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  • wildbill 2012/04/01 19:47:06 (edited)
    Yea, it is Constitutional
    wildbill
    Obama's insurance requirement not the only mandate

    WASHINGTON (AP) — The individual insurance requirement that the Supreme Court is reviewing isn't the first federal mandate involving health care.

    There's a Medicare payroll tax on workers and employers, for example, and a requirement that hospitals provide free emergency services to indigents. Health care is full of government dictates, some arguably more intrusive than President Barack Obama's overhaul law.

    It's a wrinkle that has caught the attention of the justices.

    Most of the mandates apply to providers such as hospitals and insurers. For example, a 1990s law requires health plans to cover at least a 48-hour hospital stay for new mothers and their babies. Such requirements protect some consumers while indirectly raising costs for others.

    One mandate affects just about everybody: Workers must pay a tax to finance Medicare, which collects about $200 billion a year. It's right on your W-2 form, line 6, "Medicare tax withheld." Workers must pay it even if they don't have health insurance. Employees of a company get to split the tax with their employer. The self-employed owe the full amount, 2.9 percent of earnings.

    Learn more: http://www.rr.com/politics/to...
  • Bastion 2012/03/28 13:36:05
    Yea, it is Constitutional
    Bastion
  • BrianD3 Bastion 2012/03/28 13:36:57 (edited)
    BrianD3
    nice card! raved you for the cool pic, not the vote for it being Constitutional
  • Bastion BrianD3 2012/03/28 13:42:35
    Bastion
    If it is ruled unconstitutional, would you sign and carry that card?
  • BrianD3 Bastion 2012/03/28 14:21:14
    BrianD3
    if it is ruled Constitutional I would.

    If the law is stricken, then I will continue to exercise MY feedom to choose
  • jay 2012/03/28 12:50:56
    NO, it is not Constitutional
    jay
    +1
    I dont see how it could be and I am positive our founders would not think it is.

    If it is considered to be constitutional it gives congress unprecedented power and that is very dangerous. We could be forced to buy anything.

    I have black friends who diagree with me on this, but if it is found constitutional I think wanting to protect obama because he is the first half negro president will be a factor in the decision just like that is why many hold out dems through their votes to it.
  • DuncanONeil 2012/03/27 23:47:56
    NO, it is not Constitutional
    DuncanONeil
    +2
    Nor is the rest of it!
  • RJeffreySavlov 2012/03/27 21:43:33
    NO, it is not Constitutional
    RJeffreySavlov
    +1
    But the pinheads in congress don't seem to care. The constitution to these liberal, progressive crooks is just an inconvenience to their convoluted agenda.
  • relic 2012/03/27 21:05:00
    NO, it is not Constitutional
    relic
  • GeorgeAMartini 2012/03/27 20:39:23
    NO, it is not Constitutional
    GeorgeAMartini
    +1
    The fact that we have ANY justices that even entertain the idea it might be, is truly scary. If they uphold the mandate there is NO limit to federal power. Exactly what the anti-federalists feared.
  • Seeker62 2012/03/27 20:35:00
    NO, it is not Constitutional
    Seeker62
    +1
    But when has the unconstitutionality of a bill ever stopped Washington from passing it?
  • peggy 2012/03/27 20:23:41
    NO, it is not Constitutional
    peggy
    +1
    No we are not socialist even though Obama is licking the Russian boots. He is pushing Marxism.
  • none 2012/03/27 20:18:42
    NO, it is not Constitutional
    none
    +1
    The government should not be allowed to force you to buy something, what's next??what car to buy, what to have in the fridge or your pantry. The government has to get out of our every day lives insead of invading it. The Constitution called for a small Federal Government not one that does everything for you. All it's supposed to be doing is protecting interstate commerce, they still do that, and protect our borders and we all know they not only DON'T do that but they won't allow Arizona to do the job they refuse to do.
  • TheTruth1313 2012/03/27 20:13:27
    NO, it is not Constitutional
    TheTruth1313
    +1
    Obamacare is pure socialist garbage. Much like Obama, himself, is pure socialist garbage.
  • Bob DiN 2012/03/27 19:50:08
    NO, it is not Constitutional
    Bob DiN
    +1
    No it's not on several counts includung the commerce clause. The commerce clause states that the Federal Government can control interstate commerce. In this case they are forcefully creating commerce not controlling it.
  • LarryFine 2012/03/27 17:48:17
    NO, it is not Constitutional
    LarryFine
    +4
    Kill the mandate kills the bill
  • BrianD3 LarryFine 2012/03/27 17:50:21
    BrianD3
    +4
    yes indeed, then go after the people that voted for it as well....
    crosshairs  pelosi
  • LarryFine BrianD3 2012/03/27 17:52:59
    LarryFine
    +4
    We got some of 'em in 2010. The rest are going this year.
  • Andy Fletcher 2012/03/27 17:24:04
    NO, it is not Constitutional
    Andy Fletcher
    +2
    I'm positive it's unconstitutional. I'm hoping the court rules so. I'm also betting it won't be unanimous and there will be a dissenting opinion made. That they strike the whole thing is asking a bit much of the realm of possibilities.
  • Fred 2012/03/27 17:19:58
    NO, it is not Constitutional
    Fred
    +3
    Already pay my insurance ... dont need a law to make me
  • RJ~PWCM~JLA 2012/03/27 17:12:54
    NO, it is not Constitutional
    RJ~PWCM~JLA
    +5
    It's not constitutional. My guess is that they'll strike down the mandate, but retain all or most of the rest.
  • BrianD3 RJ~PWCM... 2012/03/27 17:51:01
    BrianD3
    +2
    really falls apart if they cannot spread the risk through the mandate
  • RJ~PWCM... BrianD3 2012/03/27 17:58:15
    RJ~PWCM~JLA
    +2
    True. But in my view, it's not the Court's job to worry about that. It'll be up to Congress to "fix" it if they can.
  • BrianD3 RJ~PWCM... 2012/03/27 21:04:35
    BrianD3
    +2
    forget fixin it, scrap it totally
  • Rusty Shackleford 2012/03/27 16:20:30
    NO, it is not Constitutional
    Rusty Shackleford
    +8
    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.

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