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Well... holy wow. Healthcare Bill UpheldFollow

#177 Jul 03 2012 at 2:50 PM Rating: Default
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Jophiel wrote:
Political Wire wrote:
A new Pew Research poll finds that 45% of Americans either didn't know what the Supreme Court had decided with regards to President Obama's health care law (30%) or thought that the Supreme Court had overturned the law (15%).

The Fix concludes that "assuming that the electorate is paying close attention to the political goings-on -- even when they are so seemingly high profile as the Court ruling on health care -- is a mistake. Most people -- especially those who are unaffiliated or independent voters -- tend to be relatively low information voters. That is, they don't have all the facts on an issue -- and they don't really care to find them out."


This has nothing to do with Alma's "independent" remark; I just read it and found it interesting

Edited, Jul 3rd 2012 3:29pm by Jophiel


Even though that wasn't in regards to me, I agree. I'm an independent because I have views on both sides and I don't like being pigeon holed into certain views . However, if I were to vote, I would likely vote Dem.

I would argue that the average person who isn't registered to vote probably doesn't know the primary differences in REPs and DEMs.
#178 Jul 03 2012 at 4:11 PM Rating: Excellent
Alma wrote:
I'm an independent because I have views on both sides and I don't like being pigeon holed into certain views


This has never been more relevant:

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#179 Jul 03 2012 at 4:51 PM Rating: Decent
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Almalieque wrote:
Demea wrote:
Except when a word is used in a legal context, in which case it has a very specific definition. The definition that you quoted is not the legal definition of "tax" in this context, and you'd have to be retarded to think or argue otherwise. Your statement above (and your argument based on the definition) is really a non-sequitor, and proves nothing except how blindingly stupid you are.

Here's the applicable definition: "a governmental assessment (charge) upon property value, transactions (transfers and sales), licenses granting a right, and/or income." Notice that nowhere in there does it state that a "tax" is applicable to the lack of possession.


Oh really?

http://dictionary.reference.com/browse/tax?s=t wrote:
a sum of money demanded by a government for its support or for specific facilities or services, levied upon incomes, property, sales, etc.
2.
a burdensome charge, obligation, duty, or demand.


As a noun, there is no "legal" definition as prefaced in the verb definition. In any case, the two definitions say the same thing, except one is the government demanding money to support a service versus anyone else doing the same thing. There is no need for "lack of possession", it's support of a service.

Given the fact that the SCOTUS believes it's a tax and I doubt that you have more experience than them, I'll just stick with my gut on this one. But hey, maybe you can argue with SCOTUS on how they don't know how to use a dictionary.

What Joph said.

Quote:
Demea wrote:
I love paying for insurance, because it means that I won't be financially destroyed if something serious were to happen to me.


Then you don't love paying for insurance, you love being insured. There's a distinct difference that I made in my argument which you obviously overlooked. If you could be insured for free with no backlash to anyone, would you do it?

Wow, a hypothetical situation that will never, ever exist in reality! What a valuable insight!

Grow up.

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Carry on now while the rest of us rejoice on the fact that there aren't people out there uninsured. I know that must bother you.

Actually, there most definitely will be people out there who are uninsured. This law does nothing to achieve "universal coverage", although this is realistically a pipe dream without a single payer system.

For the record, I think that universal health insurance is an admirable and worthwhile social goal. I simply disagree with how Democrats chose to go about it (and how Roberts essentially re-wrote the bill in question to uphold it).
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#180 Jul 03 2012 at 6:09 PM Rating: Excellent
Demea wrote:
Actually, there most definitely will be people out there who are uninsured. This law does nothing to achieve "universal coverage", although this is realistically a pipe dream without a single payer system.


The insurance mandate most certainly will expand coverage. It may not make it universal, but to say it does nothing is incorrect. Also, I wish people would stop equating the mandate with the entire law. It is but one piece. Expanding dependent coverage to age 26, expanding medicaid, banning the screening for preexisting conditions, and doing away with the idea of annual or lifetime caps on coverage all do significantly more to extend coverage levels toward universal, even if they don't quite reach the goal.

#181 Jul 03 2012 at 6:22 PM Rating: Excellent
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BrownDuck wrote:
Demea wrote:
Actually, there most definitely will be people out there who are uninsured. This law does nothing to achieve "universal coverage", although this is realistically a pipe dream without a single payer system.


The insurance mandate most certainly will expand coverage. It may not make it universal, but to say it does nothing is incorrect.

Perhaps a poor choice of wording on my part, but as we both say, it doesn't achieve "universal" coverage. I realize that the law didn't intend to do that (again, since this isn't possible without a single-payer system), I merely wanted to address Alma's flippant remark as quoted in my post.

Quote:
Also, I wish people would stop equating the mandate with the entire law. It is but one piece. Expanding dependent coverage to age 26, expanding medicaid, banning the screening for preexisting conditions, and doing away with the idea of annual or lifetime caps on coverage all do significantly more to extend coverage levels toward universal, even if they don't quite reach the goal.

Since the Supreme Court upheld the individual mandate, we'll never know if it was severable from the rest of the law or not. However, it is the linchpin of the entire law, and without it there's no way Congressional Democrats would have been able to present the bill as deficit-neutral (or get it passed).

As I may have inferred previously but not explicitly stated, I don't have any particular grievance with the other parts of the bill. It just so happens that the other parts are dependent upon the individual mandate, which I don't think should be constitutional under the Commerce, Necessary and Proper, or Taxing powers of Congress.
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#182 Jul 03 2012 at 6:43 PM Rating: Good
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Jophiel wrote:
I dunno. The same body told me that corporations are people.



I'll see your "Corporations are people" and sweeten the pot with a "Separate but equal IS constitutional".
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#183Almalieque, Posted: Jul 03 2012 at 7:36 PM, Rating: Sub-Default, (Expand Post) You're right. However, this tax works just like deductibles. It's merely a deterrent.
#184 Jul 03 2012 at 8:58 PM Rating: Excellent
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Hahahahahahahahahahahahahaha. Smiley: laugh

Shine on, you crazy diamond.
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#185 Jul 03 2012 at 9:00 PM Rating: Good
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Clearly cubic zirconia.
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#186 Jul 03 2012 at 9:44 PM Rating: Good
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Almalieque wrote:
All State seemed to have figured it out. Oh wait, I guess you know more than All State also.. hmmm. Aren't you the smart one?Smiley: oyvey

Says the guy that doesn't know how to correctly spell the name of a major insurance company like Allstate.
#187 Jul 03 2012 at 10:37 PM Rating: Good
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Jophiel wrote:
Political Wire wrote:
A new Pew Research poll finds that 45% of Americans either didn't know what the Supreme Court had decided with regards to President Obama's health care law (30%) or thought that the Supreme Court had overturned the law (15%).

The Fix concludes that "assuming that the electorate is paying close attention to the political goings-on -- even when they are so seemingly high profile as the Court ruling on health care -- is a mistake. Most people -- especially those who are unaffiliated or independent voters -- tend to be relatively low information voters. That is, they don't have all the facts on an issue -- and they don't really care to find them out."


This has nothing to do with Alma's "independent" remark; I just read it and found it interesting

Edited, Jul 3rd 2012 3:29pm by Jophiel


It might not be as interesting as you think. I gather that CNN falsely reported that the law had been overturned for 7 minutes or so early on. I suspect many people saw that report, then moved on to other things.

Of course, depending on when the polling was done, that could say something about the level to which said people are following the story, if they never happen to run into the correct version of it later on.

Edited, Jul 4th 2012 12:39am by Eske
#188 Jul 03 2012 at 11:42 PM Rating: Good
Quote:
Says the guy that doesn't know how to correctly spell the name of a major insurance company like Allstate.


Grammar trolling is lower than Gbajing. Boo to you, sir,
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#189 Jul 04 2012 at 5:43 AM Rating: Default
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Demea wrote:
Hahahahahahahahahahahahahaha. Smiley: laugh

Shine on, you crazy diamond.


I have something that might interest you.



Oh, there's also that "cloud insurance".. You never know, those clouds can get testy...



You sure do have an interesting hobby, just paying for insurance for the heck of it. Hey, I have some Jupiter insurance for you also.. PM for details. I'll give you a good deal.
#190 Jul 04 2012 at 6:13 AM Rating: Excellent
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Omegavegeta wrote:
Quote:
Says the guy that doesn't know how to correctly spell the name of a major insurance company like Allstate.


Grammar trolling is lower than Gbajing. Boo to you, sir,

No, it's legit when dealing with people like Alma. Not that he ever learns from it, but he should.
#191 Jul 04 2012 at 6:51 AM Rating: Default
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Nadenu wrote:
Omegavegeta wrote:
Quote:
Says the guy that doesn't know how to correctly spell the name of a major insurance company like Allstate.


Grammar trolling is lower than Gbajing. Boo to you, sir,

No, it's legit when dealing with people like Alma. Not that he ever learns from it, but he should.


Misspelling an insurance company's name that I don't use somehow changes their insurance policy?
Well, if I were ridiculing someone on spelling, then you would have a point; however, the word "smart" was in reference to the knowledge of certain insurance practices. Pointing out an unneeded space and capitalization makes you look really foolish. But, hey, whatever makes you sleep at night. (is that right lolgaxe?)
#192 Jul 04 2012 at 7:10 AM Rating: Good
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I would wager that I know more about the automobile insurance industry than anybody else who has posted in this thread. Having said that, the majority of auto insurance companies have no freaking clue what they are doing and usually end up getting their rates correct through some massive version of trial and error. For the most part, auto insurance companies also do not write their own policy. The particular state a policy will be sold in tells tham what has to be in the policy and how much wiggle room they have to personalize the policy, and then the state DOI has to approve the policy before the insurance company can start selling it.

So anyone trying to claim that the insurance companies are all-knowing (in regards to insurance) needs to think again.
#193 Jul 04 2012 at 7:39 AM Rating: Good
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Bigdaddyjug wrote:
So anyone trying to claim that the insurance companies are all-knowing (in regards to insurance) needs to think again.
Anyone arguing with someone who's entire goal is to be contradictory should probably think again, too.
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#194 Jul 04 2012 at 8:07 AM Rating: Good
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lolgaxe wrote:
Bigdaddyjug wrote:
So anyone trying to claim that the insurance companies are all-knowing (in regards to insurance) needs to think again.
Anyone arguing with someone who's entire goal is to be contradictory should probably think again, too.

No you.
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#195 Jul 04 2012 at 8:23 AM Rating: Excellent
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BeanX wrote:
Also I have a question why is this any different then it being illegal to not have car insurance in most states?

As other noted, you don't HAVE to drive a car. However, the early US government at least once passed a measure requiring citizens to purchase privately produced products.
PolitiFact wrote:
Then, in 1792, a Congress that included 17 framers passed a law requiring nearly every "free able-bodied white male citizen" age 18 to 44, within six months, "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," along with balls and gunpowder. A rifle could be substituted. The purpose was to establish a uniform militia.

Again, that sounds like a mandated purchase to us.

Reading the law in question, essentially it was like being conscripted to join the National Guard except you would also be mandated to provide your own M4 rifle, ammunition, combat knife and backpack to have when you showed up rather than the military providing them.

Assuming you're already an able-bodied white male citizen in that age bracket, there was really no escaping this mandated purchase from private companies short of cutting your arm off. One can argue differences of scale against the ACA, but not differences of principle -- mandating a purchase of private goods based on criteria you can't help or change.

Edited, Jul 4th 2012 9:29am by Jophiel
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#196 Jul 04 2012 at 9:31 AM Rating: Good
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In 1792, blacks and women couldn't vote, slaves counted as 3/5ths of a person for census purposes, and the federal government couldn't yet collect income taxes.

So using a legal precedent from that era isn't overly compelling in terms of justifying one now.
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#197 Jul 04 2012 at 9:42 AM Rating: Excellent
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Demea wrote:
So using a legal precedent from that era isn't overly compelling in terms of justifying one now.

Tell that to the screaming GOP legions wearing tri-corner hats and waving "Don't Tread on Me" posters as their primary form of political discourse Smiley: laugh

And I would say it's compelling in determining the intent of the early government. Obviously it was not 100% against mandated purchases from private companies. Arguing now that it's a bad idea is fine but it should be done with the agreement that it wasn't a problem with many of the men who formed this nation.

Edited, Jul 4th 2012 10:45am by Jophiel
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#198 Jul 04 2012 at 10:15 AM Rating: Decent
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Jophiel wrote:
Demea wrote:
So using a legal precedent from that era isn't overly compelling in terms of justifying one now.

Tell that to the screaming GOP legions wearing tri-corner hats and waving "Don't Tread on Me" posters as their primary form of political discourse Smiley: laugh

The silliness of a few protesters doesn't diminish the validity of the argument.

Quote:
And I would say it's compelling in determining the intent of the early government. Obviously it was not 100% against mandated purchases from private companies. Arguing now that it's a bad idea is fine but it should be done with the agreement that it wasn't a problem with many of the men who formed this nation.

Nowhere in the law does it state that a citizen can't smelt their own musket and ammo!

Also, I doubt that anybody back then thought that this fell within Congress's power to lay and collect taxes. Smiley: rolleyes
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#199 Jul 04 2012 at 10:17 AM Rating: Decent
Demea wrote:
Also, I doubt that anybody back then thought that this fell within Congress's power to lay and collect taxes. Smiley: rolleyes


And what constitutional power do you think they thought it fell under?

Edit: Referring to the musket and bayonet thing, not insurance.

Edited, Jul 4th 2012 11:17am by BrownDuck
#200 Jul 04 2012 at 10:17 AM Rating: Good
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#201 Jul 04 2012 at 10:22 AM Rating: Excellent
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BrownDuck wrote:
Demea wrote:
Also, I doubt that anybody back then thought that this fell within Congress's power to lay and collect taxes. Smiley: rolleyes


And what constitutional power do you think they thought it fell under?

Edit: Referring to the musket and bayonet thing, not insurance.

Edited, Jul 4th 2012 11:17am by BrownDuck

I never said I thought it was a legitimate exercise of Congressional power, only that the comparison didn't lend any credibility to the individual mandate. Remember, I'm arguing against a Congressional power to mandate the participation in private commercial activity.

Although, were I to take a stab at it, I'd guess the power "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".
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