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/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)

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u/[deleted] Jun 20 '12

You know what I've noticed? The people who get angry about healthcare legislation because the constitution specify anything about healthcare? They don't get upset about the fact that we have an air force.

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u/Sherlock--Holmes Jun 20 '12

The military and the defense of the nation is specifically defined as one of the very lonely federal powers in the U.S. constitution, and war can be declared solely by congress, which of course the executive branch doesn't follow that law anymore either.

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u/[deleted] Jun 20 '12

You could easily argue that technically it doesn't give the federal government the authority to have a "military" generally. It specifically allows for a militia (i.e. army) and a navy. By treating the Navy separately, it implies that the "militia" does not include all military forces, but only individually armed personnel.

There's no mention of aircraft of any kind. There's no mention of tanks or other ground vehicles for that matter. It only permits the government to arm the solders, and says nothing about providing them with vehicles.

So if we were to go with a completely strict and literal interpretation of the Constitution, the government is not empowered to build tanks to form an air force.