Virginia v. Sebelius
mmoskovitz at ggu.edu
Tue Dec 14 09:03:14 PST 2010
If Congress had instead enacted a "single payer" health plan, like Medicare,
it would clearly be constitutional: funded by taxes on those who can afford
to pay taxes, subsidizing those who can't pay taxes - valid under tax &
spending clauses of Art. I, Sec. 8.
This was not enacted, because conservatives wanted to keep insurance
companies in the loop. So bill kept system just described - but instead of
being funded by taxes paid to govt., it's funded by mandated payment of
Ironic, isn't it? The more "liberal" system would clearly be upheld, while
the more conservative system is more questionable.
*Professor of Law*
*Golden Gate** University School** of Law*
536 Mission St., San Francisco, California 94105
Phone: (510) 384-0354; FAX: (415)563-6872; *e-mail*: mmoskovitz at ggu.edu
On Tue, Dec 14, 2010 at 7:45 AM, Steven Jamar <stevenjamar at gmail.com> wrote:
> I guess I'm mandated to own a home because if don't, I pay a penalty of
> forfeiting the mortgage interest deduction. And I'm mandated to have a wife
> because otherwise I would pay taxes at the individual rate rather than as a
> "head of household". And I'm mandated to . . .
> oh, you get the point.
> Prof. Steven D. Jamar vox: 202-806-8017
> Associate Director, Institute for Intellectual Property and Social Justice
> Howard University School of Law fax: 202-806-8567
> "I have the audacity to believe that peoples everywhere can have three
> meals a day for their bodies, education and culture for their minds, and
> dignity, equality and freedom for their spirits."
> Martin Luther King, Jr., (1964, on accepting the Nobel Peace Prize)
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