Are Healthcare Mandates Unconstitutional? - David Rivkin

Complete video at: http://fora.tv/2009/10/26/Are_Healthcare_Purchase_Mandates_Constitutional

Attorney David Rivkin argues that a congressional mandate to purchase health insurance is unconstitutional. "If you can mandate the purchase of health insurance, you can mandate the purchase of health club memberships."

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The Constitutionality of Mandates to Purchase Health Insurance: A debate of opposing viewpoints as to whether an individual mandate to purchase insurance is constitutional with Louis Michael Seidman, Georgetown University Law Center, and David B. Rivkin, Jr., Baker Hostetler. - Georgetown University

David B. Rivkin, Jr., is a member of the firm Baker Hostetler, litigation, international and environmental groups. He has in-depth experience with various constitutional issues that are frequently implicated by federal regulatory statutes, including commerce clause-, appointments clause- and due process-related issues, as well as First and Tenth amendment-related matters.

Mr. Rivkin also has practiced in the area of public international law and has extensive experience in international arbitration and policy advocacy on a wide range of international and domestic issues, including treaty implementation, multilateral and unilateral sanctions, corporate law, environmental and energy matters (with an emphasis on policy, regulatory and enforcement issues).

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[oiuoiu988]

kinda weird how health care and insurance stocks went up today after that health care bill passed the house... but if we cross our fingers extra hard, im SURE they wont screw us like they have every other time...

i see a huge problem with health care run by insurance companies. health care shouldnt be so expensive that we need INSURANCE to pay for it. insurance is for things that probably wont and usually dont happen, not for things that happen 2-4 times per year...

[OutragedPeople]

Watching this debate as played out in the media for the past 4 months, here's my take: the liberals can't win the argument, and they are resorting to personal attacks and elitist denouncements of the conservative position. The conservatives are appealing to individuals who value freeDOM more than freeSTUFF from Uncle Sam.

[thereinliestherib]

The mandate shows how inconsistent the liberal position on HC is, since the mandate and other buying restrictions guarantee ever-increasing industry revenues. And all the while they demonize the "evil" industry whom they've just handed the young and healthy, the industry from whom they reaped hundreds of millions of political contributions in '09, and an industry whose stocks skyrocketed on the passage of a bill that was sold as curtailing their influence. Pathetic lies.

[hellotommy]

@sep0507 It's all relative, credit default swaps (CDSs) DEREGULATION by The Chair & members of the Senate Banking Committee enabled Financials like Countrywide to corrupt with progs like "FOA". A crisis driven by reckless, careless, unscrupulous actors in the mortgage lending ind. & AIG misrepresenting underwriting standards of loans creating the massive number of defaults in mortgage loans. Add House Chair Barney objecting to tighter regulation of Fannie & Freddie, CRA was the fuse.

[hellotommy]

@sep0507 Clinton enforced the fair housing laws, Fannie & Freddie bought up one bad loan after another - it was touted as a great success of the Clinton adm; disproportionate growth in minority home ownership, (Great Housing Boom of the 90s). Dodd, Frank, Waxman deregulated financial derivatives (CDR) enabling AIG, Countywide etc. Subprime mortgages detonated the financial meltdown. The republican congress was called "The Do Nothing Congress" remember?

[sep0507]

@hellotommy Social Security has not added one penny to the national debt. Fannie and Freddie? How about laying blame where it belongs...Wall Street and their creative shafting of the middle class. And free healthcare is what we have now. Anyone can walk into an emergency room and be treated regardless of ability to pay. That is the law, and millions of people use it for colds and splinters and the taxpayers foot the bill through HIGHER premiums they pay for insurance. Thought you were smater!

[hellotommy]

Michael Connelly

Retired Attorney, Constitutional Law Instructor has has read the entire health care bill he says, "I was frankly concerned that parts of the proposed law that were being discussed might be unconstitutional. What I found was far worse than what I had heard or expected, major portions of the Constitution will effectively have been destroyed. It is a convenient cover for the most massive transfer of power to the Executive Branch."

[hellotommy]

Looking for a job?

Go ask Nancy Pelosi,she is ready to concentrate on job creation now.LOL!

A trillion dollar rationing life care, fetus grinding taxpayer funded system is not right for America. Our lives are being rationed in the form of Medicare cuts for elderly that NEED quality care for a civil tolerable retirement. Mammograms are already being rationed! The bill forces us to be insured, yet they won't address malpractice reform.

[hellotommy]

@sep0507 Magic free healthcare right! No! I don't owe you that. Sorry. That's foolish & selfish. The right of every family to a decent home = Fannie & Freddie, the fuse that lit the recession. And Social Security is a smashing success too! Right sep? The 2nd bill of rights has never been ratified by Congress... it's only theoretical. Get your head out of FDRs---. You really think taxpayers should own the purse strings of your life?

Zero-care Unconstitutional (mark my words)

[sep0507]

@hellotommy I have the right to pursue happiness, and that can't happen without a job, nimrod! I'm listening, but you're incoherent with your ramblings. Do you believe that unemployment was caused by the greed of Wall Str? Or maybe the greed of the consumer? Or maybe the "recipient class' among us who want a fair shake? We all are entititled to have the govt promote our general welfare. Don't forget "everyone" gets free healthcare now. It's called the emergency room. At taxpayer expense.

[hellotommy]

@sep0507 You don’t have the right to a job, HC etc. The Government doesn't have the right to take from me & give to you. We only have the right to life liberty & the pursuit of happiness. I have done nothing wrong, why must I pay for recipient class jobs etc? You must understand we have about the same right to HC as we have the right to a Ferrari. An economic principle of supply and demand; you don’t get a house by tearing down another, you get it by your labor. I don't think YOU'RE listening...

[sep0507]

@hellotommy Time to work? Where? Have you got a facility that is hiring? I'm sure the 9.5% of unemployed Americans would like to do just that. The Constitution calls for the Govt to Provide for the common defense and PROMOTE THE GENERAL WELFARE of the people. You need healthcare to promote the general welfare, dude. Conservatives holler the Constitution is being abused? How about reading it first. Makes a lot more sense when you know what the hell you're talking about.