The centerpiece of Obamacare is the individual mandate. For those who've been ignoring the news for a while, basically you are compelled by government to purchase health care, and if you opt out, you face fines. Unpaid fines to the government don't result in the government going "shucks, we didn't really mean it", they result in jail time. Try it this year with the IRS.
They give you free health care in there, too.J.B.H. wrote about the unconstitutionality of Obamacare a while back.
Jake Tapper from ABC asked Obama about the fine system and the president admitted he agreed fines for noncompliance were necessary.
And there are jail time penalties in the bill:
“H.R. 3962 provides that an individual (or a husband and wife in the case of a joint return) who does not, at any time during the taxable year, maintain acceptable health insurance coverage for himself or herself and each of his or her qualifying children is subject to an additional tax.” [page 1]
“If the government determines that the taxpayer’s unpaid tax liability results from willful behavior, the following penalties could apply…”
• Section 7203 – misdemeanor willful failure to pay is punishable by a fine of up to $25,000 and/or imprisonment of up to one year.
• Section 7201 – felony willful evasion is punishable by a fine of up to $250,000 and/or imprisonment of up to five years.”
But for now, a judge has ruled against Obamacare and the "buy it or go to jail" mandate - and invalidating the entire bill. Next step is the government going to the supreme court to push for it again.Ultimately, the question is one of the scope of federal power and the ability for the government to stretch the commerce clause to encompass any absurd suppression of citizens' rights.
This started in no small part under one of the last giant progressive presidents, FDR. Wickard v. Filburn. Filburn was a farmer who was growing extra wheat for himself to feed his livestock. The government had mandated the amount of wheat that could be grown in order to drive up the price of wheat and "help" farmers.
To begin with, it's Keynesian economics, which are predicated on meddling by a bureaucrat who believes they know more than the person on the ground - and the bureaucrat ultimately using the government's gun against the American person who rejects them. The price was low and that "hurt" farmers. But rather than support farmers growing as much wheat as possible by offering tax cuts for farmers or something - leading to more wheat and fewer hungry people, the government decided to limit the amount of wheat. Supply goes down, demand goes up. Of course, limiting the amount of food results in famines... but the bureaucrat in DC doesn't feel it.
The fedgov is hurting people in California's Central Valley right now. This time, rather than favor the price of wheat over farmers, they favor a fish over farmers.
The EPA hates Americans of Mexican descent. Obama hates brown people!Anyhow, Filburn was growing wheat for himself, and the government (FDR's supreme court), ruled that the government could regulate crops grown for private use, as they "influence the market". The idea was that since Filburn wasn't buying wheat at government-inflated prices, he could also not use his own land to grow wheat to feed his own livestock, as his act of not buying wheat influenced the price somewhere, no matter how miniscule.
Since he used his own land to grow his own wheat and not buy government wheat he was influencing the price of wheat by taking out his buying power. It's like the government looking at the hooligan in the Broken Window Fallacy and going "we should smash some more windows!"
Filburn's right to his own property and his own enterprise on his own land were violated. The government ruled that through the Commerce Clause that it could tell you what to do with your own assets. This is what Obamacare was doing until it was ruled invalid - except now rather than just growing your own wheat, Obamacare took it one step further. If you didn't spend your money, you were subject to penalties.
The Commerce Clause is thus:
To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes
What does this mean? According to SCOTUS in Gonzales V Raich, which illegalized home-grown marijuana:
The Commerce Clause emerged as the Framers' response to the central problem giving rise to the Constitution itself: the absence of any federal commerce power under the Articles of Confederation. For the first century of our history, the primary use of the Clause was to preclude the kind of discriminatory state legislation that had once been permissible. Then, in response to rapid industrial development and an increasingly interdependent national economy, Congress “ushered in a new era of federal regulation under the commerce power,” beginning with the enactment of the Interstate Commerce Act in 1887 and the Sherman Antitrust Act in 1890.
What's it really mean?
It was set up so that trading between states would be regular. So that if someone in Vermont wanted to sell something in Maine, they didn't have to pay tariffs to cross New Hampshire. That's about it. It was to keep Kansas from telling flights across the state they have to stop selling drinks at the state line. That was the purpose.
The purpose was not to tell a farmer that if he grew wheat for himself he'd go to jail, or to tell you that when you work for your money, you have to buy a healthcare plan or go to jail.
For those who would contend that not being a lawyer means that you, Joe, Jane, Pedro, Shaniqua or Vinh don't have a voice, that's nonsense. The Constitution was not written in some esoteric language. It's pretty plain even now.
You don't get from this:
To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes
To this:
“H.R. 3962 provides that an individual (or a husband and wife in the case of a joint return) who does not, at any time during the taxable year, maintain acceptable health insurance coverage for himself or herself and each of his or her qualifying children is subject to an additional tax.” [page 1]
“If the government determines that the taxpayer’s unpaid tax liability results from willful behavior, the following penalties could apply…”
• Section 7203 – misdemeanor willful failure to pay is punishable by a fine of up to $25,000 and/or imprisonment of up to one year.
• Section 7201 – felony willful evasion is punishable by a fine of up to $250,000 and/or imprisonment of up to five years.”
Without a hefty load of BS between them. If you don't spend you money the way the govt says, you got to jail. Nonsense.
