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If healthcare mandates (Obamacare) are unconstitutional, then why did the Founding Fathers sign one into law?

Discussions relating to Drug Laws

If healthcare mandates (Obamacare) are unconstitutional, then why did the Founding Fathers sign one into law?

Postby bardoul » Tue Jun 26, 2012 4:53 am

Not only did the Founding Fathers pass a healthcare mandate during the First Congress, but also an individual mandate during the 5th Congress.

"In 1790, the very first Congress—which incidentally included 20 framers—passed a law that included a mandate: namely, a requirement that ship owners buy medical insurance for their seamen. This law was then signed by another framer: President George Washington.

Eight years later, in 1798, Congress addressed the problem that the employer mandate to buy medical insurance for seamen covered drugs and physician services but not hospital stays. And you know what this Congress, with five framers serving in it, did? It enacted a federal law requiring the seamen to buy hospital insurance for themselves. That’s right, Congress enacted an individual mandate requiring the purchase of health insurance. And this act was signed by another founder, President John Adams."

http://www.tnr.com/article/politics/102620/individual-mandate-history-affordable-care-act
http://en.wikipedia.org/wiki/An_Act_for_the_relief_of_sick_and_disabled_seamen
http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=728
http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=729
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If healthcare mandates (Obamacare) are unconstitutional, then why did the Founding Fathers sign one into law?

Postby adusa37 » Tue Jun 26, 2012 5:08 am

ship owners and seamen had choices -- namely to register their vessels elsewhere and/or work on vessels registered elsewhere; you [as a citizen] do not.

thus, regulating the terms under which the flag and protection of the United states would be extended to merchant vessels operating elsewhere is perfectly reasonable for Congress to do, while compelling citizens, as a condition of existence, to purchase a private product [or pay a fine] is not.
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If healthcare mandates (Obamacare) are unconstitutional, then why did the Founding Fathers sign one into law?

Postby gideon » Tue Jun 26, 2012 5:21 am

That my friend is the original staple of modern day TRI-CARE. A.K.A Military healthcare. Anything that is military is not subject to be enforced on the civilian populous as when you join the military you sign a few of your rights and freedoms away. So that is actually a special case healthcare and has no basis to be applied to a civilian. The civilian population dictate the militarizes lifestyle, not the other way around.
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If healthcare mandates (Obamacare) are unconstitutional, then why did the Founding Fathers sign one into law?

Postby lazaro94 » Tue Jun 26, 2012 5:32 am

That's not the same thing and you know it. If the Founders REALLY wanted socialized medicine like Obama is trying to pass, they would have passed it then.

Try harder, liberal nazi.
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If healthcare mandates (Obamacare) are unconstitutional, then why did the Founding Fathers sign one into law?

Postby said99 » Tue Jun 26, 2012 5:38 am

This is not credible information and you are a troll.

Wait for tomorrow and read The FEDERALIST papers, which CLEARLY state its UNCONSTITUTIONALITY.
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If healthcare mandates (Obamacare) are unconstitutional, then why did the Founding Fathers sign one into law?

Postby sebastiano53 » Tue Jun 26, 2012 5:50 am

This is not credible information and you are a troll.

Wait for tomorrow and read The FEDERALIST papers, which CLEARLY state its UNCONSTITUTIONALITY.
I may believe this IF, Obama was out there throwing this stuff around. But he isnt. He just argues it's a tax. No it's not a tax. Wait, its a tax.
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If healthcare mandates (Obamacare) are unconstitutional, then why did the Founding Fathers sign one into law?

Postby golding » Tue Jun 26, 2012 6:04 am

Not everybody has to be a seamen.
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If healthcare mandates (Obamacare) are unconstitutional, then why did the Founding Fathers sign one into law?

Postby reid » Tue Jun 26, 2012 6:07 am

Really!! Not only was there no such thing as licensure of doctors at that time but there was no such thing as healthcare insurance.
"Health insurance in the United States is a relatively new phenomenon. The first insurance plans began during the Civil War (1861-1865). The earliest ones only offered coverage against accidents related from travel by rail or steamboat. The plans did, however, pave the way more comprehensive plans covering all illnesses and injuries. The first group policy giving comprehensive benefits was offered by Massachusetts Health Insurance of Boston in 1847. Insurance companies issued the first individual disability and illness policies in about 1890."
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