A comment on a comment on health care

[neadods]

Seen in just about every newspaper article covering health care: Randy Barnett, a law professor at Georgetown University, said the lawsuits have a chance. "Never before in this country has the government mandated that a private citizen do business with a private company," he said.

Except for
- car insurance
- pre-sale car inspection
- home insurance
- pre-sale home inspection
- drug prescription sales

and more...

Comments

[penfold-x.livejournal.com]

While I certainly think that helping people to receive needed medical care is an important goal, and helping the country to right its course on health care spending is a desperate one (though one I, for several reasons, don't think this legislation achieves, unfortunately), I believe it is important not to trade critical limits on government power for these goals, especially if there's other ways to achieve them.

If the government can use your economic inactivity as Commerce Clause justification to forcing people into business arrangements against their will, I don't see much of any constraint against that power, and there's no guarantee that power will always be used for laudable goals. Once you give that power to Congress, you give that power to every possible Congress. The arguments against locating justification for this law in Congress's power to tax are similar. And I think, basically, that that's what Barnett was getting at. It's what stood out to me, anyhow, and why I think this legislation is a bridge too far in the balance among the power of the federal government, the power of the state government, and that sphere left to individuals.

[neadods.livejournal.com]

why I think this legislation is a bridge too far in the balance among the power of the federal government, the power of the state government, and that sphere left to individuals

Fair enough. I can see that argument, and between thee and me, I expect that clause to be massively amended, although I don't know if it will be in the direction of private insurance across state lines (I'm all for that, actually; my car insurance is out of PA), or the public option. I don't think the general welfare will be made better if whole states can opt out entirely, though.

Your other comment is long and thoughtful and needs a response more long and thoughtful than I can give you in a quick email check before work, so I'll get back to that tonight.

[penfold-x.livejournal.com]

I expect that clause to be massively amended,

The Commerce Clause or the health care bill?

[neadods.livejournal.com]

*snort* The bill! The bill! I think it's no coincidence that that particular clause is one of the last to take effect.