Understanding the ACA Arguments
mallapollack3 at gmail.com
Wed Mar 21 11:37:44 PDT 2012
Two obvious facts about reality that are consistently ignored by
conservatives attacking the mandate:
1) no one wants to enter the health care market. They are all dragged into
the market by illness.
2) despite the situation at the time of the revolution, contemporary
studies of the USA show that most people are much less in contact with
state than with federal government -- in the sense that they monitor it
less and are more likely to be ambushed by special interests pushing
through a statute they dislike.
On Wed, Mar 21, 2012 at 1:15 PM, Rick Duncan <nebraskalawprof at yahoo.com>wrote:
> Just to be clear, the Taken analogy is based upon someone who does not
> wish to enter a market being forced--literally dragged-- into that market.
> I am not comparing the individual mandate to sex slavery; just to someone
> who desires to stay out of a market being dragged off into that market. The
> long arm of the law reaching into Citizen Doe's private choices about
> health insurance--that is the point of the analogy, which, though colorful,
> is spot on.
> Prof. Rick Duncan (Nebraska Law)
> See my recent paper on The Tea Party, federalism, and liberty at:
> "And against the constitution I have never raised a storm,It's the
> scoundrels who've corrupted it that I want to reform" --Dick Gaughan (from
> the song, Thomas Muir of Huntershill
> --- On *Wed, 3/21/12, Doug Edlin <edlind at dickinson.edu>* wrote:
> From: Doug Edlin <edlind at dickinson.edu>
> Subject: Re: Understanding the ACA Arguments
> To: conlawprof at lists.ucla.edu
> Cc: nebraskalawprof at yahoo.com
> Date: Wednesday, March 21, 2012, 10:04 AM
> I expect many list members already saw Judge Wilkinson's recent Op-Ed:
> Judge Wilkinson was nominated by Ronald Reagan.
> On 3/21/2012 12:37 PM, Rick Duncan wrote:
> Thanks for the link.
> In class, I like to use a scene from the recent Liam Neeson movie, Taken,
> to illustrate the difference between Wickard/Raich and Obamacare's
> individual mandate. In the precedents, the farmer/grower was engaged in
> some productive activity--growing wheat or weed for personal use or use on
> the farm. However, under Obamacare individuals want nothing to do with
> health insurance and are dragged into the market by government.
> It is like that scene from Taken where Liam Neeson's daughter is hiding
> under the bed from the kidnappers who want to auction her off in the sex
> slave market. She is hiding, curled up under the bed, and just when we
> think she has escaped we see two hands reach under the bed, grab her by the
> legs, and drag her off to be sold.
> Similarly, under Obamacare, we have Citizen John Doe curled up under his
> bed screaming "but I don't want to buy insurance, please leave me alone,"
> when suddenly the long arm of Leviathan reaches under the bed and drags
> poor John off to the health insurance market.
> I am not sure this is an argument for court, but it sure helps students
> see that Obamacare is a bridge well past the facts of Wickard and Raich.
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> Douglas E. Edlin
> Associate Professor
> Department of Political Science
> Dickinson College
> P.O. Box 1773
> Carlisle, Pennsylvania 17013717.245.1388
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> Please note that messages sent to this large list cannot be viewed as
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