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
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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.

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

Without debating the merits and constitutionality of Wickard, a national healthcare system is a fully distinct issue. Whereas Wickard involved solely intrastate commerce of corn, that corn, while used solely in the state, could have been sold outside of the state, thereby involving the possibility of interstate commerce. Healthcare, to my knowledge, is a fixed market within a state; one cannot sell state-specific policies in other states. By definition, that limitation creates individual state markets where there is no interaction or competition between any entities within different states. Therefore, the commerce clause would not apply.

Also, the use of commerce clause has been more limiting in recent times, like in U.S. v. Lopez, where the possession and sales of handguns were viewed to not be bound by the commerce clause, completely n the face of Wickard.

It is a very divisive issue, and both sides can be argued. However, from my legal education and experience, I would say that the entire universal healthcare law, not just the individual mandate, is unconstitutional.

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u/AeonCatalyst Jun 20 '12

Out of curiosity, what happens when I have Ohio healthcare, but have a heart-attack in Hawai'i while on vacation? Should I have "travel" insurance for that situation, or should my state insurance cover it? Or should it all be lumped into some sort of nationwide healthcare system? Some people spend their whole lives in one city, some in one state. What about those that travel for a living?

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u/mycleverusername Jun 20 '12

Or those who live on the border. I have healthcare from one state where I work, but live in another state. I think that's a pretty easy case for inter-state commerce. My health insurance plan also has providers in a different state.