Dixie - In Memoriam
New member
So Medicare is unconstitutional?
No, Medicare and Medicaid fall under the Social Security Act and the Medicare Act, legitimately passed by Congress and upheld by SCOTUS. It was upheld because both programs met the test of constitutionality under the commerce clause. You see, when a taxpayer contributes to Medicare or Medicaid through SSI, it is something that our society as a whole, benefits from. They will eventually realize a benefit, their neighbors and families will realize a benefit, and therefore, it is permissible for the Federal government to do this under their constitutional authority. With the mandate to purchase health insurance, there is no mutual benefit. I do not benefit from you having health insurance. My neighbors and family do not benefit from you purchasing health insurance. Proponents tried to argue that the effect of having fewer sick indigents and less burden on society to have to pay for their health care, was a mutual benefit, and SCOTUS rejected this argument, because you can't 'regulate' something that hasn't yet happened.