Tuesday, December 14, 2010

Rejection of Individual Mandate Protects Our Freedom

When Henry Hudson, a federal judge in the U.S. District Court for the Eastern District of Virginia, ruled this week that the "individual mandate" provision of the Affordable Care Act (otherwise known as Obamacare) mandating that individuals purchase health insurance coverage or be fined was unconstitutional, he made a ruling that protects the American people from the government overstepping its bounds and removing freedoms. That freedom, of course, is the right to NOT buy something you don't want. Under Obamacare, individuals who didn't want to buy health insurance would be forced to either buy it or pay up a fine. Luckily, Judge Hudson properly interpreted the Commerce Clause of the United States Constitution, and ruled that Congress does not have the power to force someone to enter into interstate commerce.

Could you imagine the United States government telling you that you had to buy an orange, a television, a bag of rice, lost luggage insurance, or a six pack of beer? Of course not. Substitute health insurance for one of the aforementioned items, and it is just as ridiculous a proposition. Imagine if a law was passed that every American must own a gun. The same liberals who support all of Obamacare, or believe it didn't go far enough, would be outraged. Yet, the Obama administration has decided to appeal Judge Hudson's ruling. The administration of President Obama continues to not get it. They fail to understand that the American people do not want to be forced into buying a product. The decision to buy health insurance is something that each American should be able to make for themselves and their families. Remember, a majority of those who purchase health insurance will pay more in premiums than they'll receive as a benefit. This is how the health insurance companies cover their costs and earn profits. Rather than pay premiums, some choose to save that money and pay directly for the cost of healthcare that they want or need. The freedom to make the decision as an individual is a fundamental American right.

While portions of Obamacare are beneficial to the American people, the individual mandate provision is not. Common sense would be for the Obama administration to accept that the individual mandate overstepped what is constitutional, and to try to continue forward with the good provisions of health care reform, such as improved coverage for dependents.

In the long-run, the Supreme Court will likely hear the case on whether or not Obamacare's individual mandate is constitutional or not. The Court would be wise to uphold the decision of Judge Hudson, rejecting the individual mandate provision of Obamacare, and setting a precedent that the American people are free to decide whether they will buy a product or not.

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