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Are Healthcare Purchase Mandates Constitutional?

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Georgetown University

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If Congress Mandates Health Coverage, What's Next?

02 min 31 sec

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Attorney David Rivkin argues that a congressional mandate to purchase health insurance is unconstitutional.

"If you can mandate the purchase of health insurance, you can mandate the purchase of health club memberships."
Commerce Clause Won't Halt Mandatory Coverage

03 min 30 sec

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Law professor Louis Michael Seidman contends that the commerce clause does not prevent Congress from mandating individual health insurance coverage.

He explains that the clause makes no distinction between forbidding an action and requiring one.
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01 hr 05 min 03 sec

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There are 7 comments on this program

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Previous FORAtv comments:

fiatowner

Posted: 11.25.09, 02:40 PM

This video is less than useless, and mostly served to remind what a bad idea it is to chew gum while giving a talk.

phiscal

Posted: 11.20.09, 04:41 PM

Neither argument was particularly compelling to this viewer, both were too narrow, too trivial, too removed from the issue at hand. It may just be the nature of modern constitutional interpretation. It is very difficult to make the case that the founding fathers would be in favor of coercing citizens to participate in any health care scheme. It is, well, unAmerican.

phiscal

Posted: 11.20.09, 04:32 PM

I think we can separate a dysfunctional health care system (65% paid for by government if one includes tax deductions for health insurance) from the mixed US socialist/free market economy in which resides.

SwampFoxAnalyst

Posted: 11.16.09, 08:19 PM

Why is the US the only developed country that isn't able to get this right? We seems to have a dysfunctional form of Capitalism that is unable to accomplish what other nations are able to do.

scottyecho

Posted: 11.16.09, 05:56 PM

The American/Capitalist tradition... Greed. Do you really believe that the government is looking after your wellbeing? Or that anyone can grow up to be president... or wealthy... let alone speak their minds? Wake up and quit buying into lobbyist rhetoric. Do the math... it's just like network marketing... it sounds great until it's too late, and you've wasted real opportunities, because most of us are too lazy to do the math up front. Hmmm... isn't that how the Taliban got into power?

Message

Posted: 11.16.09, 12:18 PM

Seidman's debating skill is practically non-existent. Or maybe his side of the debate is just as poor as he makes it sound.

Antiks

Posted: 11.08.09, 01:46 AM

Healthcare mandates have already been tried in Massachusetts and costs have spiraled out of control. I fail to see what this is going to do to control costs. There are no price caps from what I read today, so how exactly is this going to make things more affordable. This is cop out by the Congress instead of giving us single payer.