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Mandatory Medical Insurance

Posted February 3rd, 2010
by Amy K (no comments)

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With the medical insurance bill stalling (for now) in Congress, the mandatory insurance provision looms as a major stumbling block. For conservatives especially, a requirement in the troubled bill for all Americans to buy health insurance is against the Constitution and therefore, should not be considered.

In fact, the issue of constitutionality is causing Republicans to lobby against that provision being present in any health care reform package that may come out of Congress.

The Supreme Court

There are several politicians in both parties who struggle with making purchasing health insurance mandatory for all Americans whether the coverage is administered privately or by the government.

It’s also thought that any required medical insurance would not be upheld by the Supreme Court because it is not part of the constitution.

In an article on the Tenth Amendment Center website, Professor Rod Natelson, a national expert on the framing and adoption of the United States Constitution, agrees.

In his response to a Los Angeles Times Op-Ed where another Constitutional suggested the constitution was broad enough to include mandatory health insurance, Professor Natelson writes, ” However, the claim that the Founding Fathers would have thought the Constitution allows Congress to impose health care mandates is little short of absurd.”

Professor Natelson further goes on to suggest the use of the word commerce in the Constitution related to rules pertaining to merchants. That did not include other economic or non-economic activities such as health care.

State Opposition

Even with the likelihood of the Supreme Court not upholding a health insurance mandate, many states aren’t taking any chances. So far, up to 34 states have filed amendments to their own state constitution prohibiting any health insurance purchasing requirement.

There appears to be a long way to go to resolving this issue. The current bill language imposes a penalty on people who do not have health insurance.

How the legislation will proceed now, is anyone’s guess.

Photo via leoncillo sabino