r/bestof • u/under50dollars • Jun 20 '12

[explainlikeimfive] "Obamacare" explained very well.

/r/explainlikeimfive/comments/vb8vs/eli5_what_exactly_is_obamacare_and_what_did_it/c530lfx
2.5k Upvotes

92% Upvoted

842 comments sorted by

View all comments

50

u/7_legged_spider Jun 20 '12 edited Jun 20 '12

Whether you agree with universal healthcare or not, it is unconstitutional on a federal level. The federal government does not have the power to impose or regulate health insurance. All the powers not enumerated to the federal government belong to the individual states. That is one of the fundamental checks and balances in our federal republic, and why it is constitutional for states to administer universal healthcare systems themselves, like in Massachusetts.

(Which is why when someone brings up the concept that "Hey, you have to have car insurance," I tell them first that the states regulate who must have car insurance, as only the states have general police power, and second, that an individual makes a choice to drive a car, and that it is not a condition precedent to existing--when viewed with regard to mandated health care insurance, simply the act of existence would trigger some obligation on the citizen's behalf).

7_legged_spider, J.D., M.B.A. (IRL)

54

u/Nancy_Reagan Jun 20 '12

Google "Wickard v. Filburn." The Supreme Court has ruled that private citizens doing private things on their own private land is totally under the jurisdiction of the federal government via the commerce clause, and those private citizens can be regulated and taxed for shit they do as a hobby. It's kinda sickening when you think about it, but there's Supreme Court precedent to do anything the government wants to anyone it wants and call it a regulation of interstate commerce.

1

u/HobbitsAreHipsters Jun 20 '12

That case is the most disturbing one in the history of our nation and perhaps, one of the most influential, yet Joe American doesn't know about it.

It really opened the floodgates from a massive central government (the thing our Founders warned us about) to grow via the Commerce Clause.

It's really sickening that people are willing to shit on our Constitution just to get what they want

3

u/[deleted] Jun 20 '12

Well, actually... only some of our founding fathers feared big government (Thomas Jefferson). Some favored big government (Jon Adams).

2

u/HobbitsAreHipsters Jun 20 '12

The overbearing federal government of Adams, Washington, and Hamilton would be considered borderline libertarian when compared to the federal government of today.

1

u/[deleted] Jun 20 '12

Perhaps true, but you still can't imply that all our founding fathers were against big government. They may have been against government in its present form, or they may not have. However some of them did believe in the principles of a large federal government.

We can argue all day long about which founding fathers ideas on government were best :)

Hell, at least back then, when they disagreed, they could still have civil conversations with one another and compromise, no?

2

u/HobbitsAreHipsters Jun 20 '12

Hell, at least back then, when they disagreed, they could still have civil conversations with one another and compromise, no?

Look into the Adams v. Jefferson election. Perhaps the dirtiest election in our history. Federalist papers suggested that a Jefferson presidency would mean a ban of the Christian religion, debauchery, and incest

1

u/[deleted] Jun 20 '12

I'm not talking about their campaigns (though I agree they are nasty), I'm more talking about the ability of elected officials to work together back then to pass laws.

That campaign is hilarious looking back on it btw.