Individual mandate: Difference between revisions
Diverting employees' wages into insurance is called employer-sponsored insurance. Requiring it is called an employer mandate. This article is "individual mandate," not employer sponsored insurance and not an employer mandate. |
employee wages = individual mandate; employer profits = employer mandate |
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An '''individual mandate''' is a requirement by law that certain persons purchase or otherwise obtain a good or service. |
An '''individual mandate''' is a requirement by law that certain persons purchase or otherwise obtain a good or service. |
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In the [[United States]], the [[United States Congress]] has enacted |
In the [[United States]], the [[United States Congress]] has enacted at least three individual mandates. The first was never federally enforced, and the second is not scheduled to take effect until 2014. The [[Militia Acts of 1792]], based on the Constitution's [[Militia (United States)#Constitution and Bill of Rights (1787-1789)|militia clause]] (in addition to its affirmative authorization to raise an army and a navy), would have required every "free able-bodied white male citizen" between the ages of 18 and 45, with a few occupational exceptions, to "provide himself" a weapon and ammunition;<ref>{{cite web |
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|url=http://www.salon.com/news/opinion/joe_conason/2010/03/25/militia/index.html |
|url=http://www.salon.com/news/opinion/joe_conason/2010/03/25/militia/index.html |
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|title=So George Washington was a socialist, too! If the individual mandate is unconstitutional, how could our first president require every citizen to buy a gun? |
|title=So George Washington was a socialist, too! If the individual mandate is unconstitutional, how could our first president require every citizen to buy a gun? |
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|last=Conason |
|last=Conason |
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|publisher=''[[Salon.com]]'' |
|publisher=''[[Salon.com]]'' |
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|date=2010-03-25}}</ref> however, its constitutionality was never litigated.<ref>http://www.slate.com/id/2278063/</ref> |
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In [[An Act for the relief of sick and disabled seamen]], signed into law by President John Adams in 1798, there is an individual mandate for health care where seamen's wages were ordered by law to be deducted to provide them health care. The official record of “An act for the relief of sick and disabled seamen” is in the Library of Congress.<ref>http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=728</ref> The text following is from the Act: |
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“The master of such ship or vessel [engaged in trade] shall….pay to such collector [who has ascertained the number of seamen employed on the ship and the time each of the seamen were employed] twenty cents per month for every month such seamen have been severally employed as aforesaid; which sum the said master is hereby authorized to retain out of the wages of such seamen… It shall be the duty of the several collectors to make a quarterly return of the sums collected by them, respectively, by virtue of this act, to the secretary of the treasury; and the president of the United States is hereby authorized, out of the same, to provide for the temporary relief and maintenance of sick, or disabled seamen, in the hospitals or other proper institutions now established.” |
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| ⚫ | The [[Patient Protection and Affordable Care Act]] signed in 2010 imposes a [[health insurance mandate]] to take effect in 2014, based on the Congressional power to regulate interstate commerce, but the legislation is controversial: in 2010, a majority of states joined litigation in federal court arguing that the power to "regulate" commerce does not include an affirmative power to compel commerce by penalizing inaction; as of 2011, the [[Patient_Protection_and_Affordable_Care_Act#Constitutional_challenges|several court rulings on the matter]] have disagreed about whether the mandate is constitutional.<ref>{{cite news| url=http://online.wsj.com/article/SB10001424053111904006104576504383685080762.html | work=The Wall Street Journal | first=Brent | last=Kendall | title=Health Overhaul Is Dealt Setback | date=August 13, 2011}}</ref><ref>http://www.startribune.com/nation/127629713.html</ref><ref name="cnn.com">{{cite news| url=http://www.cnn.com/2010/POLITICS/12/13/health.care/?hpt=T1 | work=CNN | title=Virginia judge rules health care mandate unconstitutional | date=December 13, 2010}}</ref> In 1994, the [[Congressional Budget Office]] issued a report describing an individual mandate as "an unprecedented form of federal action... The government has never required people to buy any good or service as a condition of lawful residence in the United States."<ref>{{cite news| url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/09/27/MN2L19TA1L.DTL | work=The San Francisco Chronicle | first=Katharine Q. | last=Seelye | date=September 27, 2009 | title=Court challenge seen in health insurance mandate}}</ref> |
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{{law-stub}} |
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Revision as of 01:23, 18 April 2012
An individual mandate is a requirement by law that certain persons purchase or otherwise obtain a good or service.
In the United States, the United States Congress has enacted at least three individual mandates. The first was never federally enforced, and the second is not scheduled to take effect until 2014. The Militia Acts of 1792, based on the Constitution's militia clause (in addition to its affirmative authorization to raise an army and a navy), would have required every "free able-bodied white male citizen" between the ages of 18 and 45, with a few occupational exceptions, to "provide himself" a weapon and ammunition;[1] however, its constitutionality was never litigated.[2]
In An Act for the relief of sick and disabled seamen, signed into law by President John Adams in 1798, there is an individual mandate for health care where seamen's wages were ordered by law to be deducted to provide them health care. The official record of “An act for the relief of sick and disabled seamen” is in the Library of Congress.[3] The text following is from the Act:
“The master of such ship or vessel [engaged in trade] shall….pay to such collector [who has ascertained the number of seamen employed on the ship and the time each of the seamen were employed] twenty cents per month for every month such seamen have been severally employed as aforesaid; which sum the said master is hereby authorized to retain out of the wages of such seamen… It shall be the duty of the several collectors to make a quarterly return of the sums collected by them, respectively, by virtue of this act, to the secretary of the treasury; and the president of the United States is hereby authorized, out of the same, to provide for the temporary relief and maintenance of sick, or disabled seamen, in the hospitals or other proper institutions now established.”
The Patient Protection and Affordable Care Act signed in 2010 imposes a health insurance mandate to take effect in 2014, based on the Congressional power to regulate interstate commerce, but the legislation is controversial: in 2010, a majority of states joined litigation in federal court arguing that the power to "regulate" commerce does not include an affirmative power to compel commerce by penalizing inaction; as of 2011, the several court rulings on the matter have disagreed about whether the mandate is constitutional.[4][5][6] In 1994, the Congressional Budget Office issued a report describing an individual mandate as "an unprecedented form of federal action... The government has never required people to buy any good or service as a condition of lawful residence in the United States."[7]
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See also
References
- ^ Conason, Joe (2010-03-25). "So George Washington was a socialist, too! If the individual mandate is unconstitutional, how could our first president require every citizen to buy a gun?". Salon.com.
{{cite web}}: Italic or bold markup not allowed in:|publisher=(help) - ^ http://www.slate.com/id/2278063/
- ^ http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=728
- ^ Kendall, Brent (August 13, 2011). "Health Overhaul Is Dealt Setback". The Wall Street Journal.
- ^ http://www.startribune.com/nation/127629713.html
- ^ "Virginia judge rules health care mandate unconstitutional". CNN. December 13, 2010.
- ^ Seelye, Katharine Q. (September 27, 2009). "Court challenge seen in health insurance mandate". The San Francisco Chronicle.