Is the mandate in the Affordable Care Act necessary? Is it Constitutional?

As we all know, the constitutionality of this law is being discussed right now in the Supreme Court. Really, it’s not the constitutionality of the law but of the mandate in the law requiring every citizen to purchase Healthcare. Now at first glance this mandate does seem heavy handed and intrusive but on the other hand would we feel the same way if this was introduced as a social insurance program like Social Security. We are all mandated to pay into this yet the constitutionality of this program is not in question. Ask yourself the following: What is more important, your health or retirement? Now for me personally that is an easy answer. Without my health what good is retirement funding going to be. I believe the law is within the framework of our Constitution even though I do not think it will pass and I do not like the idea of being forced to pay anything. What I think is important to touch on is that if the law passes the mandate is necessary, this law cannot be “salvaged” by trying to piece the remains together without the mandate.

There is now way around getting the benefits of this law without the mandate. Without the insurance providers getting the extra exposure of clients buying in, it is impossible to receive benefits such as banning discrimination against pre-existing conditions or keeping your kids on your plan for a longer duration. Simply put, insurance companies need more people buying insurance to balance the cost of providing these new benefits. Jonathan Gruber, a health economist at MIT, who advised both Massachusetts and the Obama administration on their respective healthcare bills, told the New York Times in 2011: “The mandate is the spinach you need to get the chocolate you want.” I’ve seen arguments about trying to salvage the law without the mandate but do not believe that is a viable option. If this was the case, individuals could take advantage of the system by not purchasing insurance until they were sick. This will result in an extreme drain on insurance plan funding and then drive up costs for everyone else which of course is one value and benefit of the reform the law is trying to resolve.

The Constitutionality of the law is definitely in question and I will leave that up to the Supreme Court Justices. There are limitless tangents I can touch on regarding this based on previous court rulings, interstate commerce, the 10^th Amendment or will this open up Government for even more power that could or could not be abused or mismanaged. The “Broccoli Argument” – if our government can make us pay for Health Insurance can it make me buy broccoli?

Based on my research and findings mentioned earlier, my argument is that this law is a package deal. We take it all with the mandate or we take none of it.