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redgreen5 said:rsc2a said:That actually makes perfect sense. In fact, using the same reasoning, we should mandate that everyone buy a home, and those that don't, wetaxfinetax them. A boost for the economy and eliminating homelessness all in one fell swoop.
Except that we don't have a national consensus - nor do we have a legal precedent - that everyone who wants a place to live gets one.
Yes. The national consensus and legal precedent is clear. What are we arguing about again? What had to go all the way to the Supreme Court (and was given contradictory judgements in lessor courts)?
[quote author=redgreen5]On the other hand:
1. we *DO* have a national consensus - as well as legal precedent - that people who present themselves for medical care will receive it; and[/quote]
Health care ≠ Health insurance
[quote author=redgreen5]2. we have the plain financial fact that taxpayer money as well as individual citizens will bear the costs, in case the sick person cannot pay the bill.
Neither of these two things is true with your attempted analogy about housing.[/quote]
Perhaps you've never heard of HUD? Section 8 housing? Low income housing?
[quote author=redgreen5]Hence, your attempt at satirical analogy falls flat on its face, because you didn't check your analogy closely enough, to see whether it was tangent on the critical points.[/quote]
Try again. Or if you'd like, I can make the argument for anything else that the government provides to individuals.
[quote author=redgreen5[quote]
LOL! Like Wickard v. Filburn?
[/quote]
That's 1942. Hate to be the one to break the news to you, but more recent decisions carry more weight and have reined in the scope of Wickard v. Filburn:
http://en.wikipedia.org/wiki/Wickard_v._Filburn
[/quote]United States v. Lopez (1995) was the first decision in six decades to invalidate a federal statute on the grounds that it exceeded the power of the Congress under the Commerce Clause of the Constitution. The opinion described Wickard v. Filburn as "perhaps the most far reaching example of Commerce Clause authority over intrastate commerce." Lopez held that while Congress had broad lawmaking authority under the Commerce Clause, the power was limited, and did not extend so far from "commerce" as to authorize the regulation of the carrying of handguns, especially when there was no evidence that carrying them affected the economy on a massive scale.[2]
I'm sorry...when did you say the case has to be less than six decades old? And why pick an arbitrary date like that? Shifty things, those goalposts are.
(Also your idea that older cases don't set precedent is flat wrong.)