Sunday, November 6, 2011
Is General Welfare Claus and Interstate Commerce Claus an Open Ended Loophole for Government Abuse of Power?
The argument is the health care mandate violates the commerce clause because the government is forcing people to buy a product but I dont see it that way. It is health insurance but it is not a specific product by a specific seller. We have a private health insurance system but the government has been paying for those who dont have any. This is a way of getting people off Medicaid into their own insurance. The federal government does not have the power to regulate insurance including health insurance but the individual states are not using their powers to provide citizens with health insurance so that leave the government to find a way to provide health insurance. I dont see this as an abuse of power. I see that if a person buys insurance they get a government subsidy to help pay for it and they get a tax credit on their tax return with the IRS. If the objection is to the tax penalty, you can avoid a penalty by buying insurance and getting the tax credit.
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