Quote Originally Posted by SadisticNature View Post
It's an opinion piece by a republican senator.

Furthermore, other legal experts have argued that the penalty for not buying insurance is in fact a tax and spend measure, much like a tax benefit for having minor dependents. Again, the bill doesn't legally require Americans to purchase healthcare, it requires them to pay a penalty if they don't, so the entire attempt to connect United States v Lopez (1995) is incorrect.

The "cash for cloture" argument is not something that will stand up in court either, the lack of a case establishing precedent and a long history of similar bills is quite telling.

The benefits markets could potentially be problematic, but a case could be made its akin to financial markets.

In fact the federal reserve act of 1913 also parallels the health care bill:

Congress decided in the Federal Reserve Act that all nationally chartered banks were required to become members of the Federal Reserve System. It requires them to purchase specified non-transferable stock in their regional Federal reserve bank and to set aside a stipulated amount of non-interest bearing reserves with their respective reserve bank (since 1980 all depository institutions have been required to set aside reserves with the Federal Reserve and be entitled to certain Federal Reserve services - Sections 2 and 19). State chartered banks have the option of becoming members of the Federal Reserve System and to thus be supervised, in part, by the Federal Reserve (Section 9). Member banks are entitled to have access to discounted loans at the discount window in their respective reserve bank, to a 6% annual dividend in their Federal reserve stock and to other services (Sections 13 and 7). The Act also permits Federal reserve banks to act as fiscal agents for the United States government (Section 15).[8]

There is a case of requiring banks (corporations are individuals under US law) to purchase something. There are also arguments that the Federal Reserve act would be unconstitutional under the same standards.
I'm a registered Democrat and have always believed in the system up to this point. I could care less that it is an opinion piece. It brings facts to light. I've read opinion pieces by Democrats also, and STILL I am leaning the opposite way...mostly because of the controversial nature of our current administration.

I AM NOT AGAINST a healthcare system...what I am against is the slight of hand, sneak in the night way the Democrats are going about trying to get it passed and the clauses they insist upon inserting into it. WHY does it HAVE to force you to buy health insurance? Why can't it be an elective?

As to the statement that by my arguments "the FBI and the CIA are unconstitutional" I do not feel that way at all. For one thing, they were formed to protect the US and enforce Federal laws. I have absolutely nothing against that.

So by your argument, it ISN'T unconstitutional for the government to tell you that you MUST purchase a 13" black and white television ONLY or you will pay a penalty? Or maybe you MUST purchase a hybrid vehicle or pay a penalty? How about if you are only allowed to have one child per household. Would that be ok?