If the individual mandate is unconstitutional

[mnmoderatedem]

how then are Medicare and Social Security not unconstitutional? Are those not mandates for healthcare after age 65, and retirement/disability insurance?

I'm no legal eagle, so those more in the know, please weigh in. Just trying to get a grasp on the legal arguments in both cases. I honestly cannot see where there's not a parallel.

And no, I'm not suggesting Medicare and SS be scrapped.

[el_bryanto]

1. I would say they are fairly different

The Mandate requires people to get healthcare from some source - this is seen as necessary if you are going to mandate healthcare companies to accept people regardless of pre-existing conditions (the argument is that people will wait till they have cancer, then go to the health insurance industry).

Social Security and Medicare are benefits; they don't require you to do anything (other than fill out forms, cash checks, and, of course, pay your taxes).

Bryant

[liberal N proud]

2. Social Security does not force you to buy anything

Medicare is a government run insurance (sort-of), not forcing anyone to buy anything additional.

There really is no way the two can be tied to the decision either way.

[Bluenorthwest]

3. This mandate is unique among insurance mandates world wide in that it mandates the

purchase of products that are sold for a profit. That is not a tax. When you go purchase a product, that is not a tax, that is money you are paying to another for trade.
In other countries that make use of a mandate for health insurance, it is a crime to profit from such policies, here it is the entire point to profit from them.

[former9thward]

4. Both SS and Medicare are taxes which provide a defined benefit.

The Health Care law mandates a person to enter into a contract with a private corporation completely unrelated to the government. Completely different that SS.

[CAPHAVOC]

5. Government collusion

With Mega-Corporations. Mussolini would have loved it.

[frontierteg]

6. Social security = Tax and Spend = Constitutional, Individual Mandate = Dictatorship

The big thing that I think Democrats are not grasping here is that if the Supreme Court finds that the individual mandate is Constitutional, then the next time the Republicans control Congress they will push through the privatization of Social Security with its own Individual mandate. "You must invest 7.65% of your income in an IRA of your choice that you may not use until your 65, or you will pay the same as a penalty and the government will set up an IRA for you."

I don't think Democrats want this but are most certainly opening the door for it to happen.
All the arguments being made for and individual mandate can be used in either case.

I hope it fails.
If Dems want Universal Health Care, then Dems should pass a tax and spend law to provide everyone with basic insurance.
Anyone who wants better coverage are free to purchase their own on top of it.