Founding fathers and mandates

[Nick1911]

An interesting article: http://www.tnr.com/article/politics/102620/individual-mandate-history-affordable-care-act

I was not aware of the Militia Acts of 1792 [more],

[TommyGunn]

Medical insurance for seamen?  OK .... but then not everyone is--or has to be--a seaman.
I have to smirk when I think of a "duty" to procure a firearm when I consider how modern liberals disdain the second amendment.

Let's not get so obsessed with the legalities of the issue we forget that whether or not Obamacare is a Constitutional law or not, it is going to break the back of this nation's already feebled economy.  Obama promised it would cost 900 billion and more recent estimates have doubled the estimate.
And let's not forget the outflux of qualified doctors from medicine and what THAT will cause.
It isn't ALL about what nine cross-dressing robe-wearers do in DC.........

[MicroBalrog]

There's a specific constitutional authorization to mandate every American to buy a rifle. There's not one to make you buy health insurance. And even Justice Roberts agrees. They can, on the other hand, tax everybody and declare and exemption for the insured, we are now told.

[birdman]

There's a specific constitutional authorization to mandate every American to buy a rifle. There's not one to make you buy health insurance. And even Justice Roberts agrees. They can, on the other hand, tax everybody and declare and exemption for the insured, we are now told.

Actually, they can't.  A tax on everyone would have to be uniform (capitation clause), not based on income.  Since this doesn't meet that requirement, and it is imposed regardless of whether income is even earned (it has a minimum value), it is not uniform.  Which makes it STILL a tax on NOT doing something, a dramatic increase in powers.  There are so many constitutional issues remaining with how the tax is imposed it makes me wonder if Roberts did what he did because it will robustly prop open the door for further litigation.

[longeyes]

It is not a tax, it is a shank, applied by "civilized" men in thousand-dollar suits, designed to intimidate.

[longeyes]

Hold on now, we all row for The State, comrades.

[Pb]

The article is partly innaccurate.

There was indeed a mandate to buy guns.  This power is given to congress by the part of the constitution that gives congress the power to arm the militia:

"To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;"


There wasn't a mandate to buy health insurance for seamen.  There was a tax on their pay, which was used to set up public hospitals for injured or disabled seamen.  Also, ships were required to have medical chests.  This was done under the power of the constitution to provide for a navy, as private seamen would be called to serve in the navy in the event of war:

"To provide and maintain a Navy;"

The article is BS and it has nothing to do with obamatax.

[longeyes]

This is not North Korea; we are all not in the People's Army.  Not yet.

[TommyGunn]

The article is partly innaccurate.

There was indeed a mandate to buy guns.  This power is given to congress by the part of the constitution that gives congress the power to arm the militia:

"To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;"....

IIRC the "mandate" to buy guns was generally a local one.  Many states & counties required people fit for militia duty  to maintain a working gun and one pound of lead and one pound of gunpowder.

[Hawkmoon]

The Militia Act has been updated a couple or three times since 1792 and is still in Federal Law, but I don't think the current version requires members of the unorganized militia to provide their own rifle and ammunition.

I think it would fry many leftists' brains if they were to discover that they ARE the dreaded militia.

Here 'tis: 10 USC 311

US Code - Section 311: Militia: composition and classes

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are -
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

[longeyes]

The key word is "unorganized."