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associated press file
Sen. John Ensign, R-Nev., posed the question Tuesday of whether it is constitutional to require U.S. citizens to purchase health insurance.
Wednesday, Dec. 23, 2009 | 2 a.m.
Sun Coverage
- Reid bobs and weaves to land health care deal (12-22-09)
- GOP to keep up its fight until the final deadline (12-22-09)
- Deal-making gets job done, Reid says (12-22-09)
- Obama welcomes ‘historic’ health care advance (12-21-09)
- Jim Gibbons attacks Harry Reid on health care bill (12-21-09)
- Health care bill clears tough Senate test (12-20-2009)
- Health care compromise gives sweet Medicaid deal to Nebraska (12-20-2009)
Republican Sen. John Ensign has inserted a complicated legal question into the health care debate: Can the federal government require Americans to buy health insurance?
The health bill before the Senate would mandate that all Americans carry health insurance policies by 2014, with the government providing subsidies to help low- and middle-income families pay for them.
Those who don’t buy insurance would face fines that rise gradually to $750 — or a maximum of $2,250 per family.
Since when does the government have the right to mandate that you buy something, Ensign said.
It’s similar to the iPod argument that Nevada Republican Rep. Dean Heller used to explain his opposition to the health care mandate months ago. Some people might want to buy health insurance, other people might prefer an iPod, Heller said. It is their choice.
Ensign took that tack Tuesday when he asked for a vote on whether the legislation’s mandate to buy health insurance is constitutional. The vote is scheduled for today.
“If so, what’s next?” Ensign said. “We can simply require Americans to buy certain cars, dishwashers or refrigerators. Where do we draw the line? Or do we draw one at all?”
Constitutional scholars generally agree the proposed mandate would hold up under Supreme Court scrutiny, but they do not deny a robust discussion of the issue is unfolding in legal circles.
“There is certainly a debate going on,” said Eugene Volokh, a professor at UCLA School of Law.
The Constitution provides Congress with broad powers to form a more perfect union, establish justice, provide for the common defense, promote the general welfare and so on.
One of the final lines explaining the power of the legislative branch offers broadly that Congress can make “all laws which shall be necessary and proper” to carry out all the other laws. The Supreme Court in 1819 interpreted this as giving Congress great deference in deciding what it can and cannot do, a ruling that has been upheld many times, Volokh said.
Volokh is tepid toward the health insurance mandate, but he thinks the proposal is constitutional.
“It may be bad policy,” Volokh said. “But I think it’s constitutional.”
The reasoning behind the proposed mandate goes like this: If all Americans are required to buy insurance, the young and healthy, who tend to require less care, will help pay the health care costs of the old and sick, spreading risks that could lead to lower costs overall. Because the United States requires emergency rooms to treat those who show up, regardless of their ability to pay, those who have insurance now see their premiums rise to cover the costs of those who do not.
Proponents of health care reform often compare the proposed mandate to state requirements for drivers to carry automobile insurance.
But Ensign and others say the health insurance mandate is different. States require automobile insurance for the right to drive a car. Health insurance would be required merely for living.
“This would be historic,” said Randy Barnett, a professor at the Georgetown School of Law.
“They’re making a private citizen enter into a contract with a private insurance company,” he said. “Making you do it is a new thing.”
As the health care debate continues, one development is certain. If the legislation passes, legal challenges will follow.
If someone has a job, a business, or gets government benefits...then you can require insurance. If you can draft people, you can make them get insurance.
This is more kooky Beck-Limpbaugh-Sean Insannity talk radio nut crap, Enswign was better when he was tied up with his extra-curricular activities.
Senator Ensign:
How about coming in off the golf course and spending some time down at UMC and UN Medical School LISTENING to healthcare deficiencies in your home state, rather than playing STUPID politics in DC with such STUPID shannanigans. How about making a DIFFERENCE in those problems which HAVE BEEN GOING ON FOR YEARS, as Senator Reid is trying to do! You could use a little more boot in your stride.
You are part of the problem in Washington, not the solution. Everything is just a game no different than being in a college fraternity to you, I guess. All slick, all money, all the time.
Better still, go sell cars, or find something outside politics, gaming and banking, and thus outside the family name you can do and make something of yourself on your own outside Nevada. Pretty strong words from a citizen to a Senator, but trying to help you out.
is it constitutional to sleep with your best friend's wife, then fire them both when you get caught, then run to mommy and daddy to fix your boo boo, and then get him a job with a constituent before the law allows???
that is the burning question we all have johnnie boy...
what say you...
you snot nosed spoiled punk...
Constitution, what constitution, Democrats don't care about no stinkin' constitution.
Health care costs are rising 3 times faster than wages. Thats the problem!
what is it with this clown's hands...
his hands are always in the photos of him...
always his hands...
he can't keep his hands out of the damn photo...
then again...
he couldn't keep his hands off of that certain married staffer either...
what a scum bag...
Is it unconstitutional for the health bill to include illegal aliens who are citizens of other countries and that they don't have to pay a penny for it because it is written that our citizens will pay it for them?
Is it unconstitutional to make American citizens pay to have bi-lingual interpretors at all hospitals so the illegal can be told in Spanish what is going on.
John Ensign also stated that this bill is no good for the American citizen because it favors the illegal more than our citizens.
Hey John has had some rough moments and I'm not going to forgive him for that, but it seems that he is one of the few that are sticking up for our citizens. The democrats are lost in never never land, our citizens priorities are not on their agenda.
hey johnnie boy...
when is the next town hall meeting going to be skippy...
we can not wait...
we have questions...
good lord do we have questions...
The Democrats CRISIS of 2009 starts in 2014, but you start getting taxed in 2010. And don't forget the Congressional Budget Office estimated the cost of the plan starting in 2016 will be $15,000 per year. You'll either pay for it or be fined. If you choose to be fined you have no insurance. If you don't pay the fine you could go to jail. It's a sweetheart deal for us and that's why they all have a different plan than us.......right!
Union FOOD FIGHT
A handful of labor interests have managed to get partial exemptions from that fee. Most recently, Senate Majority Leader Harry Reid's additions to the health care bill slipped in "longshore work" on the list of "high-risk" occupations to which the tax would not apply in full.
That list includes workers in construction, mining, electrical line repair and other fields.
Craig Merilees, a spokesman for the International Longshore and Warehouse Union, told FoxNews.com that the provision is not a full exemption. Rather, he said it merely raises the threshold for the value of plans to which the tax would apply -- from $23,000 to $26,000.
He said the language was included because longshore workers are in a "high-hazard" category, and their health care plans need to be allowed to cover the "serious dangers" they face on the job
Obviously the system is broken, however I don't think the government should require me to give my money to any corporations, that is why we need a public option; simply cut out the corporate middle man. Maybe next time around...
"The health bill before the Senate would mandate that all Americans carry health insurance policies by 2014, with the government providing subsidies to help low- and middle-income families pay for them."
Really motivational! The socialist plan! If you don't work you get it for free and if you choose to work we'll punish you by making you pay for those who choose not to work. If you choose to work but not pay for it we'll punish you anyway with a fine.
Isn't John Ensign a veterinarian, not an attorney?
"Since when does the government have the right to mandate that you buy something?"
I thought this question was settled long ago. I could have sworn the government (the state of Nevada)requires me to buy car insurance. A business owner is required to buy worker's comp insurance. A business owner is required to buy unemployment insurance.
Again, isn't John Ensign a veterinarian, not an attorney?
The legislation is clearly unconstitutional. Look for states like Texas to start seriously debating withdrawal from the Union.
It's a good thing that John Ensign is a veterinarian, not an attorney.
Ensign needs the skill of a veterinarian to cut into the carcass of this health care bill to see if there is any way to fix it. If it's dead on arrival, then let's get this sucker buried and start over...
Dipstick....Did Bill Clinton lose his credibility with you when he was fooling around on Hillary?
It's so easy to see who the Liberal wingnuts are here. They're the ones who have nothing to say on the topic of health care or this article. They ONLY show up to spew hate.. it's their MO. What a horrible way to go through life....hate, hate, hate and more hate.
Ensign carries his IQ number inside his hat band. However...it is several sizes larger than Gried's.
If Sen Ensign just did what Sen Baucus did, ie put his girlfriend up for US attorney job, he would've fared much better. Oh thats right, only dumbocrats are allowed that free pass.
Hey Future:
Have you ever had an original thought of your own? Have you EVER posted just one speck of an idea that wasn't cut/pasted from World Nut Daily or Clown Hall? You sir, are a despicable violator of Internet traditions.
Here is a definition of the Healthcare Reform Bill that is being pushed by clueless Searchlight Harry and his Dumocrat friends:------
"Political correctness is a doctrine, fostered by a delusional, illogical minority, and rabidly promoted by an unscrupulous mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end." and there you have the rest of the story. Remember that over 60% of this legislation is opposed by the public.
Does this mean that mandated car insurance is also unconstitutional? I would certainly like to save money there as well.
The cost of current health care problem:
When people don't spend their own money, they don't care what health care costs or who has to pick up the tab for them.
What has not been debated is not the constitutional question--it is--but the moral question of whether a society should allow its citizens to get sick and die solely depending on their ability to pay. The poor and rich get health care, but a very large segment of the middle class do not.
However, should Ensign put himself into a moral debate?
We are the only developed country in the world without universal health care. We have legislators like Ensign. Do you see a connection?
1) No longer Pre-existing condition....which means you can wait until you are sick to get insurance
2) They are requiring you buy a policy that cost around $5,000 a year
3) The max fine according to the Sun is around $2,500...if you get caught...no sure how they are going to do that....is there going to be a health insurance police...will there be a health insurance big brother database???
So people will stop buying insurance. The math is in their favor.
Premiums will go up and up and up to cover this drop of pre-existing condition....the insurance pool will strink...add in the no longer a max payout by insurance companies.
Premiums will go up!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
"Does this mean that mandated car insurance is also unconstitutional?"
That is state law and not Federal law.
Also, you can choose not to own a car.
Sgt. Rock is correct. You can CHOOSE not to own a car then you don't have to buy car insurance. You can't make a choice not to buy health insurance under this wacky law. Ensign is right. It is unconstitutional but Democrats don't care about the constitution. They care about power and power only. They want to control every aspect of everyone's lives. That's why they need to go. Permanently.
Two key issues seem to be attracting the bulk of the legal threats:
A mandate for individuals to purchase health insurance and the special treatment that states like Nebraska are getting in the bill.
On the first issue, John Ensign, renewed the call to examine the constitutionality of whether the federal government can require Americans to purchase health insurance.
On the second issue, It is clear by the wording of the legislation that not every state would face a similar and equal burden, this as a violation of equal protection of the law, an affront to our sovereignty, and a breach of the U.S. Constitution.
Senator John Ensign should be recognized for his efforts in representing his constituents. Unlike Senator Harry Reid who is representing his political party...
Ensign is an expert on legalities. Let's see: sexual activity with an employee, an emplyee's wife; illegal lobbying during the cooling-off period. Bribery for silence. Improper tax returns [the bribe/gift wasn't reported as such.]
How about when you gave your co-adulterer, her cuckold husband, and their family FEDERAL health insurance while they were on you staff. Isn't paying for sex illegal in DC? or Clark county?
Why them, and not us. Was the sex that good. I wonder what his wife thinks. At least Sanford's wife had the courage to leave her sleezeball.
Mandingo, how come the RJ has not featured you as one of their Heroes of Valor?
So if Ensign is correct, I can drop my auto insurance?
There is nothing wrong with this bill IF done correctly. Thats the bad thing about all governments they don't do things right. Nobody should have to take the insurance if they don't want it. It is almost like telling you to eat a onion when you don't like onions. Well you will get a spanking then. Bypartisianship is garbage. It never will work. I guarantee you that Ensign will be labeled as somebody just trying to make it hard on the Democrats. Well, when it comes to these things you can put your political beliefs to the side and think what is right and what is wrong? Healthcare right or wrong? Not Wrong. The Government making decisions for what is best for you and not asking what you want. Wrong.
We should stop paying taxes if the Government keeps throwing our money where they want it and not caring what we think. This is both sides. We would get thrown in jail if we didn't pay taxes. Thats bullcrap.
Tax dollars to China for funding our war.
Tax dollars to Wall Street for greed.
Tax dollars to Banks, because they mismanaged their business.
Tax dollars to healthcare and then fined if you don't take it.
Tax dollars to stupid animal testing.
Tax dollars to countries that we try to take over for our own reasons. Nobody elses
Tax dollars to congress debating about sports instead of what is important.
Tax dollars to fund lobbyist.
Tax dollars to get oil from other countries instead of using our own.
Etc.
He's wearing his wedding ring! And grimacing!
That happens to me too...
"The Constitution provides Congress with broad powers to form a more perfect union, establish justice, provide for the common defense, promote the general welfare and so on."
This bit is misleading -- this is from the Preamble, the executive summary of the source code to the entire federal government, not just Congress.
And Senator Ensign is 100% correct on this one. Those posters claiming his affair disqualifies him from doing his job for us are buffoons. For the jab he's not an attorney, that's just childish. The law belongs to all of us, not just the prostitutes who call themselves the Bar.
mikegino -- I agree with you on this one.
Boy, these Liberals are sure not in a forgiving mood.
It's all right to bribe Senators with our tax money, but don't make a personal transgression.
Liberals are a secular lot as they worship their Messiah...
Mr. Ensign is continuing with the job he was elected to do - despite harsh public scrutiny of his marriage - that takes a lot of courage and I applaud him.
There are too few voices in congress standing up to defend the constitution, I am glad that our Senator Ensign is one of them.
buffoon
Larry, It's ensign who always talks about God's law. Let HIM follow it. I notice though that he has at least shut up about it lately. probably because he would be laughed out of the room. Quite frankly, GOPers bribed many senators in their bills. even Saint raygun did. so stop being so sanctimonious about democrats and try a little on yourself.
[btw, ensign didn't make a "personal" transgression. he being a c STREET MAN-OF-GOD, TRANSGRESSED HIS LORD WHO he thinks is above the us constitution. so cut the crap and be as harsh on him and in the christmas spirit have some compassion for ensign's wife. [at least if he gives her an std, she is covered by government-paid-for health insurance.].
A jester, joker, jokester, fool, wit-cracker, prankster or buffoon was a person employed to tell jokes and provide general entertainment.
Yes you can drop your auto insurance, if you don't own or drive a car. Nor do I have to pay unemployment insurance or workers comp unless I own a business.
But, thanks to Scary Screed, Skeletor and DuhOne, Americans will be forced to buy health insurance simply because they are alive.
So, let's review:
Illeg...err, umm, undocumented workers covered - check, even though DuhOne said they weren't. A gentlemen from Florida pointed this out during DuhOne's sales presentation and was lambasted for it.
Abortion's - Covered
Death Panels - Check - For the mentally deficient this is a dysphemism for 'rationed care'.
Bought off Unions - Check
Bought off Senators - Check
Pay billions in taxes now and not receive any benefits for years down the road. - Check
Please remind me why you hypocrites are not screaming. Oh, DuhOne has a little 'D' by his name. Silly me. Question withdrawn.
Barry must not live in a glass house. Or does he?
Ask for forgiveness for your transgressions my son, as they are eating you alive from the inside...
Forgive those who have transgressed against you, as they know what they did wrong and don't need your help...
Cast those stones, only after you look in a mirror...
He saith... It's all right to bribe Senators with our tax money, but don't make a personal transgression...
It's the season for forgiving. If his wife can forgive him then just maybe you should too...
Killer: Thank you. In the general interests of Peace on Earth and Goodwill Toward Men (and Women!), I will not post on December 24th and 25th. Amen.
Car Insurance is state law and therefore has more to do with state's constitutions than the US Constitution.
Federal government are enumerated in the US Constitution and are suppose to be limited to the explicit listed powers in the US Constitution.
But the US Constitution is what the Supreme Court says it is and that can be anything under the sun. And they have said that a bunch of stuff can be derived magically from those enumerated powers.
Right now, the US Constitution says what ever Anthony Kennedy says it is for he is "swing vote" on the court.
If the case ever gets to the Supreme Court then it is this guy who will finally say on the matter. There will be four judges that are for it and four judges that against it.
Anthony Kennedy is supreme ruler of the USA.
When you use the term "Messiah" it makes my skin crawl. The same mindset of the Nazis.
When your idea of morality begins and ends with "I've got mine, screw you," I hope someone with a bigger bankroll comes along and kicks your deserving behind. See how you enjoy your Social Darwinism.
If you were smarter, you'd be dangerous. Happily you are neither.
Acquired Insurance Deficiency Syndrome.
I like Senator Ensign. He is a fighter. The Democrats are trying to tear down this nation with their out of control experiments in Socialism. Fight them John! The American people need you. Scary Reid is done for and he has a limited time left in the senate.
Here we go again with the Pragmatist being upset with those people who work and provide for themselves and then object because they are "ordered" to provide for others.
Health coverage requirement raises a constitutionality debate but Pragmatist believes that health care is a right and should be free for the taking regardless of the Constitution.
Come to think about it, PP thinks that all things should be free for those who don't want to work.
PP will not be getting the free health insurance that he has been waiting for all year, but Harry will be sending PP a directive ordering PP to purchase his own health insurance or pay the fine...
If Congress can mandate that everyone must have health insurance or pay a fine equal to the cost, for the good of all, what is stopping them from mandating that everyone must have fire insurance on their home for the good of all? How about mandating everyone must have automobile insurance regardless if they own a car or not; that would certainly lower the overall costs of auto insurance for all of us. Maybe they should mandate you buy a new car every year to improve the economy, for the good of all of us. Where does it stop - if Congress can mandate that everyone must buy health insurance, for the good of all of us, wouldn't that open the gate for Congress to mandate anything and everything they decided is good for us? I don't think any of the above, including mandatory health insurance, would pass Constitutional muster by the Supreme Court.
The Federal government has the right to tax individuals, and to decide where those monies may be spent, but it does not have the right to force an individual to purchase health insurance.
Ensign is only mad cause they want to tax his tanning services!!
Ensign is a slimy worm - his only interest is himself and his giant ego. He cares nothing for women's rights, and is more than happy to respond with a lovely form letter stating that fact.
Don't you all have jobs to do? Wouldn't want to lose your employer paid insurance, now would you?? Hope you all realize you're one serious illness away from bankrupcy!
Harry Greid is the scum of Nevada. I would rather face banrkuptcy than freeload and parasite off of my fellow citizens to pay for healthcare I haven't EARNED. If you can't pay for your own healthcare then you don't deserve healthcare.
Health coverage requirement raises a constitutionality debate but Jenlv believes that health care is a right and should be free for the taking regardless of the Constitution
Sounds like Jenlv is upset because there will be no free health insurance handed out this year.
Lets face it Ensign is an idiot.
The only thing he cares about is himself. He is an egotistical, narsacistic loser. He needs to go back to spaying and nuetering animals. I hope he was better at doing that than he was at bribing his friends to cover up his pathetic lies.
Also if health insurance mandate is unconstitutional then it must be unconstitutional to be forced to buy into the medicare and social security program. Right?
If you're on Facebook, please join Millions against Health Care Mandates http://www.facebook.com/group.php?gid=19...
We refuse any "mandate" to buy health insurance from the same companies who've corrupted Congress with money taken from the sick and dying they've denied healthcare to!
"A jester, joker, jokester, fool, wit-cracker, prankster or buffoon was a person employed to tell jokes and provide general entertainment."
LarryV -- actually a buffoon is defined on dictionary.com as "a person given to coarse or undignified joking." Synonymous with "jester, clown, fool ... boor."
A "fool" is probably a more apt description -- "a silly or stupid person; a person who lacks judgment or sense ... a weak-minded or idiotic person."
To me it's basically anyone acting like an annoying child seeking relevance with antics, someone who doesn't think something through before posting. Like many posting here who won't spend a little effort looking beyond the headlines before making buffoons or fools of themselves here. You know, the basic herd behavior.
I hear you...
Guess according to Enswign we don't have to pay medicare, social security or income tax, or gift tax? Seems like Enswigne has assumed the Irwin Shift mode, advocating that people don't have to pay tax? So maybe Ensign has committed a crime by encouraging people not to pay tax.
MSNBC featured enswigne talking about the "solemn oath" to the constitution.
Ensign is a sexual predator with no credibility. nevada has one senator now.
Get rid of Ensign!
to those complaining about auto insurance..remember..driving a car is a priviledge...not a right
There's one major difference between Ensign and Reid.
Ensign will get reelected and Reid won't be reelected in their next election campaigns.
Irwin Shiff & Enswigne future cell mates?
I know really like the ideal of paying, I think insin is right on this. Insin, if I know have to pay i support you. I don't pay nay doctor bills now, this is America and if you make money and pay taxes , you should pay my doctor bills. Thank you senior Reid for making this a great country, and please listen to Senor Insin and drop that ideal of paying.
Jaun, I hate to be the bearer of bad news but Harry did not bring you and your family free health insurance this year.
Not only will you not get free health insurance, now you are going to have to purchase it yourself or be fined. If you don't pay your fine, the government will get a judgment against you and file a lien on your house. Then, the government might sell your house to pay the fine.
You will need to show your health insurance card just like your auto insurance card to get a car licensed or tag renewal.. Again you get stopped by the police and don't have a health insurance card, your car may be impounded and sold to pay the storage fee...
So, when you crossed the Border from Mexico over eight years ago with nothing on your back except for a "USA All the Way" t-shirt, you will be headed back the same direction with only a t-shirt that says "I went to Vegas and all I got was this lousy t-shirt."
Sorry, but Harry did it...
Who cares what type of person Ensign is, he has a valid point
I don't recall stating I wanted "free health insurance", Larry - you must subscribe to the Fox News school of truth.
There are some things a person just doesn't have to mention. And wanting free health care is one of them.
But don't worry, "Bribe em Harry" will be sending you a lump of coal for your stocking...
Really, you can read my mind through the computer? You know the balance of my bank accounts? You know my personal situation in life? You know NOTHING, but just like all your little Republicrat friends you assume to know. How very cute you are you little troll - sitting in front of your computer assuming the world about someone you know nothing about. How absolutely pathetic you are Larry.
So does that mean I don't have to pay home insurance that my mortgage company shoved down my throat?
Jenlv, you should try living in my home country for a while. Mexicans have alot of good things you know, there women have very few rights and that is okay I like ! Also i like free health care, and you do to this is good !
Jenlv like others who are for the pubic option would like to see free health care... They think that health care is a right.
But "Bribe em Harry" fixed that. Now you will have to buy your own or the government will come get you...
And thank you for the complement there Jen...
I am sorry to hear that you might lose your house there Jaun.
Now that you are going to have to buy health insurance, and can't because you have no papers, you will get fined for not having health insurance.
Then they will come take your house.
Well, if nothing else, you can take that lump of coal that "Bribe em Harry" is going to give you, and take it back to Mexico.
Felice Natividad to you and your family...
I think I should move to Sweden !
Hey Jaun...
Sweden is real nice this time of year. Don't forget your shorts and suntan lotion...
If there are still those in NV who would even consider what this man has to say, I say: Good Luck, Nevadans!