
Originally Posted by
Not not Mattaru
No I'm saying your analogy is not applicable to the issue at hand. I prefer not to dig deep into the issue of mandates if it is not necessary, because if there is no clash in what we are talking about we aren't debating an issue worth debating over.
No actually my analogy does not. If you are talking about the environmental standards issue people have to meet them, because otherwise it allows negative externalities to go entirely uncaptured. People who choose not to engage in these are outlawed, a kind of regulation, a mandate. I'll extrapolate on this at the bottom.
Well, I suppose technically the government can mandate everyone to buy a car because it is not limited by the constitution. I doubt that would happen. I suppose you would argue that the Supreme Court ought to make it unconstitutional. You should get on that. I'm not here to debate about all the weird things the Congress could do.
In the case of health care, even if health care does not pass. People still have to pay for it through either taxes or insurance premiums. People are in a sense still purchasing something as long as they have insurance and/or pay taxes because even the uninsured get care. The care given is basically an uncaptured, inefficient market. By requiring people to have health insurance it is not making them buy anything new, or anything at all - it brings them into a health care system that is capable of negotiating for coverage.
People get sick or hurt, they go to the hospital, the try and get medical attention and someone pays for it. This isn't a car, or a normal consumer good, because the health care system is non-exclusive for emergency procedures. Whether you can buy it or not it is provided. So the option left is people don't get emergency care or it is denied outright if people can not pay.
You may want to make it a constitutional issue, and I think that is dangerous simply because ridiculous abuses of a mandate are weeded out in the democratic process on the whole, while reasonable mandates that fall within a government's normal functions (i.e. regulating some markets to protect consumers, citizens, breaking monopolies etc.) would disappear. While there are negative and positive choices, saying someone can not produce a certain product for safety reasons is simply removing an option off their menu of choices, the difference between that and saying someone must produce or buy one particular thing is the degree to which choice is being restricted - it is not an absolute, its a question of degree.