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[Brotato]

What, exactly, is unconstitutional?

Good question; which depends on what branch of the government is making a law or doing the action.  For all branches it's something that blatantly ignores or alters an amendment.  For the Congress it's something they haven't explicitly been given the power to do.  Seriously read the constitution and you'll see a list of twenty or so points concerning what they can do.

[Mr. Palau]

This is terrible, and it's really simple to see how it's unconstitutional.  Unless a power is explicitly given to the federal government in the constitution, it's a state-power.  I hate government overreach so much.  It doesn't matter if it helps save lives or not, government shouldn't force us to buy something or face a penalty.  If we had actually consulted physicians and doctors on what would help Americans I wouldn't have such a big problem though.

Well, I could see this being unconstitutional under the commerce clause, but if this is unconstitutional under the taxing power, than you are basically saying the federal government has no ability to tax anything. Which it clearly does.

[Nadaka]

It works for universities though.

It most emphatically does not work for universities. The way university students are baited, chewed up and shit out is a travesty.

[Heron TSG]

The constitution has a healthcare amendment?

The constitution grants the legislative branch the power to pass laws that effect the country. The amendments are merely changes to the constitution, and don't themselves constitute (heh) the entire constitution.

Seriously read the constitution and you'll see a list of twenty or so points concerning what they can do.

See above. They have the right to make laws.

[Brotato]

This is terrible, and it's really simple to see how it's unconstitutional.  Unless a power is explicitly given to the federal government in the constitution, it's a state-power.  I hate government overreach so much.  It doesn't matter if it helps save lives or not, government shouldn't force us to buy something or face a penalty.  If we had actually consulted physicians and doctors on what would help Americans I wouldn't have such a big problem though.

Well, I could see this being unconstitutional under the commerce clause, but if this is unconstitutional under the taxing power, than you are basically saying the federal government has no ability to tax anything. Which it clearly does.

I'm not saying Congress doesn't have the power to tax.  On a side-note, something the government doesn't seem to understand is that the commerce clause deals with the transportation of goods, not the goods themselves.

[Mrhappyface]

It works for universities though.

It most emphatically does not work for universities. The way university students are baited, chewed up and shit out is a travesty.

Really? I graduated without any debt and have a good job as an diving engineer now.

[Brotato]

The constitution has a healthcare amendment?

The constitution grants the legislative branch the power to pass laws that effect the country. The amendments are merely changes to the constitution, and don't themselves constitute (heh) the entire constitution.

Seriously read the constitution and you'll see a list of twenty or so points concerning what they can do.

See above. They have the right to make laws.

Obviously they have the authority to make laws, but the constitution dictates what they can make laws about.  The states have all non-specified lawmaking powers.  So a state could make a law similar to Obamacare, but the Federal government cannot.

[palsch]

I'm not saying Congress doesn't have the power to tax.

According to Roberts, that power includes the ACA individual mandate.

The critical passage from the decision;

    (a) The Affordable Care Act describes the “[s]hared responsibility payment” as a “penalty,” not a “tax.” That label is fatal to the application of the Anti-Injunction Act. It does not, however, control whether an exaction is within Congress’s power to tax. In answering that constitutional question, this Court follows a functional approach, “[d]isregarding the designation of the exaction, and viewing its substance and application.” United States v. Constantine, 296 U. S. 287, 294. Pp. 33–35.
    (b) Such an analysis suggests that the shared responsibility payment may for constitutional purposes be considered a tax. The payment is not so high that there is really no choice but to buy health insurance; the payment is not limited to willful violations, as penalties for unlawful acts often are; and the payment is collected solely by the IRS through the normal means of taxation. Cf. Bailey v. Drexel Furniture Co., 259 U. S. 20, 36–37. None of this is to say that payment is not intended to induce the purchase of health insurance. But the mandate need not be read to declare that failing to do so is unlawful. Neither the Affordable Care Act nor any other law attaches negative legal consequences to not buying health insurance, beyond requiring a payment to the IRS. And Congress’s choice of language—stating that individuals “shall” obtain insurance or pay a “penalty”—does not require reading §5000A as punishing unlawful conduct. It may also be read as imposing a tax on those who go without insurance. See New York v. United States, 505 U. S. 144, 169–174. Pp. 35–40

He chooses such a reading, taking the 'mandate' as a tax that you are exempted from if you hold health insurance.

[G-Flex]

Seriously read the constitution and you'll see a list of twenty or so points concerning what they can do.

See above. They have the right to make laws.

This is extremely misleading. The US Congress does not have the power to make absolutely any law they want; they are granted certain powers by Article I, Section 8 of the Constitution. They emphatically cannot make absolutely any law they want regarding absolutely anything they want. Article I, Section 9 lists some specific limits on their power. The 10th Amendment also places some clear restrictions on federal power.

[Nadaka]

The constitution has a healthcare amendment? 
Edit: I'm all for a two-tier healthcare system, with a basic government provided plan, and a more specialized private plan. Besides, America does quite a lot when it comes to medical R&D for the world, thanks to a competitive healthcare market. I just get a bent out of shape when people say healthcare completely provided by the government is a solution.

This was the original plan. The single payer system provided a basic minimum level of healthcare coverage to everyone. Private interests could still provide a higher level of coverage for profit. The government take over of hospitals or insurance providers was never, ever part of the plan.

This part of the law was completely struck down by the conservatives because it was "socialism", so a crony handout to the industry in the form of mandatory purchase was deemed more in line with the conservative agenda.

[G-Flex]

This part of the law was completely struck down by the conservatives because it was "socialism", so a crony handout to the industry in the form of mandatory purchase was deemed more in line with the conservative agenda.

In fact, the individual mandate was at one point part of the Republican agenda, years ago.

[Funk]

so are you still working on the every one must buy private health insurance, or are you going to get a uk  style system(free at the point of use)

[Criptfeind]

It works for universities though.

It most emphatically does not work for universities. The way university students are baited, chewed up and shit out is a travesty.

Really? I graduated without any debt and have a good job as an diving engineer now.

I did not have the issues so the issues do not exist for anyone?

[palsch]

In fact, the individual mandate was at one part part of the Republican agenda, years ago.

Not to mention the core of Romney's own (passed and enforced) healthcare plan when he was a governor.


In other live news, Obama currently speaking about the law. Not the decision so much as the law itself, almost stumping for it.

[Heron TSG]

Seriously read the constitution and you'll see a list of twenty or so points concerning what they can do.

See above. They have the right to make laws.

This is extremely misleading. The US Congress does not have the power to make absolutely any law they want; they are granted certain powers by Article I, Section 8 of the Constitution. They emphatically cannot make absolutely any law they want regarding absolutely anything they want. Article I, Section 9 lists some specific limits on their power. The 10th Amendment also places some clear restrictions on federal power.

I never said they did.

The Congress shall have Power To lay and collect Taxes...

I was referencing this. In that there was no healthcare amendment, but the legislative branch does have the power to legislate taxation - which is what the Supreme Court is calling this. Sorry if there was any confusion.