Health Insurance Mandate Has Precedent, Says Legal Professor

In the wake of many contentious statements after the passage of comprehensive health care reform, especially those concerning the mandate that Americans be forced to purchase health insurance and a spate of lawsuits from state officials nationwide, knifework.net consulted renowned legal scholar Dr. Rana Twedle of Naples Community College in Naples, FL (Go Fightin’ Manatees!) to provide some levity and knowledge to the discussion.

KW: Many Americans are concerned that the comprehensive health care reform bill is unconstitutional, do you think it will hold up under scrutiny?

RT: Absolutely this bill will be upheld and found to be constitutional – any argument that it’s unconstitutional to force Americans to purchase a product is forgetting the many precedents that have already been set in this nation.

KW: Precedents such as?

RT: In 1838 Martin Van Buren decreed via executive order that Americans “Purchase an Indian of sufficient strength to help on the farm” in an attempt to alleviate America’s problem at the time with it’s Native American population. In 1912 Teddy Roosevelt was successful in getting a bill passed that forced Americans to purchase a stuffed moose for every child under ten in their house, and a little known clause of the National Interstate and Defense Highways Act of 1956 required Americans to purchase a pick and shovel and work on any highway that passed within five miles of their residence, although it was never enforced.

KW: What about statements from the left that health care is a “right” that is endowed to all Americans?

RT: I think it’s historic that we have finally recognized health care as a right that we are all entitled to, as long as you pay for it yourself out of a basket of federally mandated choices and remember that failing to do so makes you liable for any number of penalties including fines or imprisonment.

KW: Wow. Thank you Dr. Twedle, for your illuminating input on the legal controversy surrounding health care reform. Is there anything else you would like to add?

RT: Yes, Americans need to resist the natural urge to look to physicians for guidance on this issue and instead rely on the time-tested and proven solutions that our Democratic leaders have provided time and again.

Tags: health care, mandates