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May-28-2011 20:06printcomments

Will the 'Individual Mandate' play the spoiler?

he existing argument is that while interstate commerce can and should be regulated, participation in it should not be mandated.

Courtesy: reddogreport.com

(HARRISVILLE, N.H.) - According to an article titled “North Dakota Joins 13 States in Court Brief Opposing Obama Care”, written by Kate Bommarito, and published by the “Plains Daily” on Thursday, May 26, 2011, the Patient Protection and Affordable Care Act (PPACA, referred to by some as “Obamacare”) is under attack by yet another state.

An amicus (“friend of the court”) brief has been jointly filed by a group of 14 states including North Dakota, challenging the constitutionality of the Individual Mandate contained within the PPACA. There are now 27 states, including North Dakota, that have filed individual court action challenges to the constitutionality of the individual mandate in the PPACA. To date, all challenges have been more or less ignored by the currentadministration.

No one has yet challenged the need for improvement to the existing healthcare machinery, procedures, availability, or cost. One needs only to look around, regardless of where you live, to see that improvement is badly needed.

Citizens of all demographic categories have suffered under the existing structures with the poorest groupings suffering the most.

The constitutionality issue revolves around whether the Federal government has the right to force individuals to take part in interstate commerce or face fines if they fail to do so.

One might successfully argue that the inability to afford health insurance (if they do not already have it) should not constitute an offense for which one can be penalized... that it is once again, unfairly hitting the poorest of our citizens... those who can least afford either the cost of health insurance or the alternative fines.

The existing argument is that while interstate commerce can and should be regulated, participation in it should not be mandated by the Federal government or any other regulatory body. The Attorneys General of 27 states feel that the Federal government has once again overstepped their bounds and authority.

Something certainly needs to be done to assure adequate medical care for all citizens and it should be done as soon as possible. However, that something should not punish the poorest of our citizens nor should it allow the Federal government to take a giant-step toward establishing a police state for any reason, regardless of how well meaning it may appear... but, that is just my opinion!


Writer Robert Collinsworth is an American who isn't hesitant to talk about the good side of his country, and that is a welcome thing in this day and age. Salem-News.com admittedly, is very critical of both American politics, as well as those of other nations that we perceive is being wrong in their motives and actions. At the same time, within these structures we criticize, are many outstanding people who make each day a better place for all those around them. They embody and personify the American spirit that is sometimes fleeting, but always present.

These are some of the things Robert takes into account when writing commentary that is designed reach people, to "get them thinking" in his words, and indeed it does. Salem-News.com's goal is for all people to be on the same page, we appreciate Bob's more conservative approach toward that same goal."

You can write to Bob Collingsworth at this email address:

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Bob Collinsworth May 31, 2011 9:45 am (Pacific time)

Dr. Paul: Living less than 30 miles east of the Vermont border, I tend to keep ontop of the news there. The proposal from Vermont may well be the answer the rest of the country has been seeking. The funny thing is that the methodology they are trying to adopt was rejected by Congress in lieu of the PPACA. You are so right about this shoving-match between the Democrats and the Republicans being all about political aspirations rather than the good of the country or it's people. Bob Collinsworth

Jeremy Engdahl-Johnson May 29, 2011 6:46 pm (Pacific time)

Tim Jost: "Most people don't understand the individual mandate" This video may help: http://www.healthcaretownhall.com/?p=3618

Douglas Benson May 29, 2011 7:35 am (Pacific time)

Bob you forgot the 80% rule that goes into effect soon . With this mandate the costs will go down as well on caregivers end . If everyone must pay there will be a much larger move to lower costs of care as well . This act may even kill the health ins. industry as a publicly traded stock as the administrative costs are above 20% as it is . I dont care much for Obama but he is more of a chess player than a shoot from the hip decider. The ins. ind. will die and national single payer will be the natural effect of these profit control measures . I'm not sure how this profit control will work but its the part the ins.co. hate the most.Too bad the drug companies bought their way out of it but you can bet it wont last long . Peace.

M. Dennis Paul, Ph.D. May 28, 2011 11:39 pm (Pacific time)

Vermont responded. This week, the Governor of Vermont placed his signature on the first in the nation single payer health plan. "ObamaCare" was a hideous sellout of the American people. The current backlash from states is less about real solutions and more about political aspirations. Vermont responded with a solution.

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