This may be the stupidest thing I've read about the 'individual mandate' (Updated)

Update: The mighty Ed Carson links from Investor's Business Daily's Capitol Hill blog: "Defenders of the mandate are coming up with some screwy arguments." Yes, indeedy.

Update 2 (March 26): The Heritage Foundation's Foundry was also good enough to link here from an excellent post on how proponents of health care reform are misusing and abusing the Founders. One point of clarification, however, lest there be any confusion: Although the Heritage link to this post is prefaced with "Some disagree with Cuccinelli...," I'm not the one doing the disagreeing. I suspect the Heritage blogger simply didn't want to link to those chuckleheads at Think Progress. Anyway...

Look, it remains a wide open question whether the courts can strike down some of the more egregious aspects of the health care legislation that President Obama signed into law on Tuesday. So far, 14 states have filed lawsuits challenging the constitutionality of the law. In particular, the 14 Republican attorneys general who are taking action have focused on the "individual mandate." That's the part of the law that requires every American to purchase insurance or face fines and tax penalties.

The gist of the challenge is that never before in American history has the government required purchase of goods or services as a condition of citizenship. Citizenship, of course, carries certain duties and obligations. The draft -- and now selective service registration -- is one such requirement. The government reserves the right to press into service any and all able-bodied adult male in defense of the country.

Apparently, the people at Think Progress believe a requirement to buy health insurance is akin to the requirement under the Second Militia Act of 1792 that soldiers equip themselves for duty in case of invasion. The provocative title attached to this insipid argument is "Why George Washington would disagree with the right wing about health care’s constitutionality".

This is what your father meant when he said a little knowledge can be a dangerous thing. What does it say about progressives -- or, at least, the sort of progressive who would nod approvingly at such stuff -- that a law enacted when the United States was young and in constant danger from foreign enemies would be cited as precedent for mandated health insurance? It almost reads like a parody of progressivism, with its slipshod conflation of national defense with the welfare state. I'm surprised we haven't heard that health care reform should be treated as "the moral equivalent of war."

For a rebuttal to Think Progress's risible misappropriation of George Washington, I give you... George Washington.

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wrong

The constitution allows the government to do what ever it wants, and make its citizens do what ever it wants them to do.

I don't understand where this whole 'debate' is coming from.

It says right here in the constitution:

Article 42. Citizens have the right to health protection.

This right is ensured by free, qualified medical care provided by state health institutions; by extension of the network of therapeutic and health-building institutions; by the development and improvement of safety and hygiene in industry; by carrying out broad prophylactic measures; by measures to improve the environment; by special care for the health of the rising generation, including prohibition of child labour, excluding the work done by children as part of the school curriculum; and by developing research to prevent and reduce the incidence of disease and ensure citizens a long and active life.

Wrong Again

Nice try, but you posted the wrong constitution, fool. What you posted was the Constitution of the Union of Soviet Socialist Republics in 1936.
http://www.departments.bucknell.edu/russian/const/77cons02.html

Article 42. Citizens of the USSR have the right to health protection.

This right is ensured by free, qualified medical care provided by state health institutions; by extension of the network of therapeutic and health-building institutions; by the development and improvement of safety and hygiene in industry; by carrying out broad prophylactic measures; by measures to improve the environment; by special care for the health of the rising generation, including prohibition of child labour, excluding the work done by children as part of the school curriculum; and by developing research to prevent and reduce the incidence of disease and ensure citizens a long and active life.

Goods and services

While I agree completely that comparing mandatory health insurance to the second militia act is ludicrous, I think the Virginia AG is being disingenuous when he says the government has never required the purchase of goods & services as a condition of citizenship. What are payroll taxes if not the federally mandated purchase of Social Security insurance, Medicare insurance, and all of the various "services" of the federal, state, and local government? And the automobile insurance mandate is hardly different.

Auto insurance mandate

Well, I think the argument regarding the comparison with auto insurance is that you can choose not to drive a car. Though the economic disadvantage this gives is pretty significant, especially in cities like LA.

Exactly

That's my point. You could theoretically get out of taxes, too, by simply refusing to be a productive member of society. But, realistically, in 95%+ situations, somebody in every family's gotta drive, and somebody's gotta work. That's effectively a mandate to buy goods and services because those taxes and costs are not optional.

Soldiers?

The Militia Act of 1792 did not mandate that soldiers have military weapons. It mandated that individuals (able-bodied men) who were not exempt from militia service (sailors, clergy) buy and maintain military REGalia so they can be as well-REGulated, as the REGular troops. They army still uses the same term today. You are either an RA (Regular Army) AR (Army Reserve) or NG (National Guard, who is made up of members of the militia who volunteer for federal service, aka being sent OUTSIDE of the country) The Constitution says that the mililtia is only to be used to "repel invasions and suppress domestic insurections) At the Battle of Queenston in the War of 1812, the NYS Militia refused to cross the border into Canada, and watched the REGULARS being routed by the British and Canadian Militia. BTW, the Canadian still have a militia. Do you know what Revere was saying on his ride through Lexington and Concord? It was not "The British are coming." It was the "Regulars are coming." So, there must have irregulars if Regulars existed. Who were the irregulars? Men 18-45, aka members of the militia.

@Soldiers

According to Wikipedia the Militia Acts of 1792: "each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia"..."provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges." That sounds a lot to me like an individual mandate to purchase goods by the government.