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The Meaning of a Mandate

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    Chris Stirewalt, Stephen Hayes and Alabama AG Strange discuss the individual mandate.

  • Duration 11:39
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Congress has no we're used the word tax.

What it says it's penalty.

Moreover this is not give -- the internal revenue code but for purposes of collection.

And so why is this a tax.

Was Supreme Court justice Stephen Breyer.

Yesterday questioning attorneys in their arguments over the president of the president Obama's health care law.

And this is power play Steve -- thank you very much for staying with us -- and the topic this week in Washington very much.

Is the oral arguments -- -- over the president's health law and what you heard.

Justice Breyer -- sort of part of the liberal wing of the court.

But looking totally stance that is subject that the administration is -- well it's not we're not forcing people to buy health care.

-- to buy health insurance which is taxing them differently.

If they do where they don't just like they attacked people differently if they have a drive a Prius or they don't drive a Prius or get.

Insulated storm doors on their -- Right right.

The administration didn't want this to be attacked attacks in its sales of the law but I wanted to be attacked now because of the three main -- substantive arguments are gonna make that'll be the third.

You you couldn't see Steve but he looked really good doing.

But I will show you something else that you like to see Internet and that is from outside the Supreme Court.

Alabama attorney general Luther strange and they're.

Fired up over there today aren't there.

It's quite an -- -- over here they really are -- All right so.

General we were just talking about.

The difference between the tax -- penalty.

-- We we know that even liberal members of the -- we're.

We're not buying the administration's argument the argument on behalf of the administration.

Then the the penalty was really.

Acts run that he does that give you any hint at where the court is heading on the case -- war.

Big hit it gave me.

A little bit of hope if you will -- confidence that they're looking at the issue I thought it was.

Good that they got a call them on that it's it's attack today at Philly tomorrow.

Kind of -- arguments it was very it was good it was good I think -- in the comments left.

I've heard so far from today's or -- -- -- version as well.

So today -- just to give us a broad.

You for so you are represented.

You're staying.

And it's one of 26 states that is seeking.

Do you wanna be done specifically that requires a as a condition human existence could purchase.

-- -- health insurance.

What is really at stake today just get this give us the view from 30000.

Grew up 30000 feet from my perspective.

It's it's a really fundamental constitutional question about where the power of the federal government.

Yeah this is just going to be -- being overarching authority.

That's -- to me and you know there's this thing just one example of something that flows from this is a -- that Alabama recently.

Texas -- that's the largest Catholic broadcasting network in the -- headquarters nearby home in Birmingham.

They collected in the going -- links.

To avoid providing insurance -- for their voices include something that they disagree on religious and moral -- But contraception.

Contraception today could be something else tomorrow to -- it's -- really fundamental First Amendment constitutional question so.

These are fundamental issues I'm so glad to the United States paying attention this is going to play through sport.

And -- things could be our.

-- what is going to happen today.

And tomorrow we're hearing arguments today specifically.

On this -- and right what what happened.

Well the court today.

The fundamentalist will be addressed Easter ability to congress have the authority of federal government to -- -- In activity had no question revolves around the commerce clause in the senate commerce.

It's trivia quiz before I mean we.

-- -- -- That the power of -- -- expanded tremendously going back to.

Real hero but this is really brought to a -- can you really require someone in the in the commerce buying insurance in this case.

When they don't want to or pay a five that is.

I think that's just it well this historic and very troubling -- -- we -- you proud son of the yellow -- state Luther strange attorney general.

And I hope you good -- friendly folks out there today.

Well it's -- it's almost like -- -- -- Alabama.

So they just got trivial things.

And by the way Internet.

Do you follow me at sea sparrow could you can this Twitter lets you do that just because -- cool like that you would follow me -- -- you can get my power play every day that I write for you you could also yellow means work makes funny comments as a matter of fact it's a funny comment to I would like to -- he -- well as.

Just generally following this guy Greg change.

-- lit match -- -- a loyal viewer a loyal reader and he made a joke about are in prison where the president I was talking about -- that -- with -- made -- -- -- And he said president Gundy I think for -- flexibility is envious of Russian style democracy.

So we thank you Greg -- and we thank you Internet at large we're joining in the discussion.

Steve case again Tweeter extraordinaire.

Is with the stealth.

The it's interesting when you talk to somebody like Luther strange and we had.

Other attorneys general on the show from other states that are involved in this they cast this mandate as a a make or break issue for the future of all time in the future of the country and freedom and all of those things the administration though.

Likes to point out that it was Republicans who came up with the idea of mandatory health insurance Newt Gingrich Heritage Foundation and all that other stuff it was the alternative.

To the Clinton health care plan of 1994.

Right and then I think Republicans relate to service to a certain extent -- coming to this mandate -- -- -- there I think it does I agree with.

What we're hearing from Republicans or hear from with a strange that this would -- it's not just that it wouldn't be changed the way we look at health care what it.

-- -- the -- that the -- the United States government in Iraq with its citizens what the government is able to make its citizens do there have been times in the past when it would have been much easier for congress as a matter of policy.

To have passed amid a flood insurance for instance if they wanted to.

Mandate that everyone have -- -- -- they could have done but in the past they haven't done that they've stopped short of that because I think they understood.

That -- run afoul of the constitution.

He can't just kill people to buy something.

But and so what they did to to compel people to buy flood insurance with tax all sorts of strings and all sorts of conditions to make them do to -- and -- if you if you.

Have a mortgage that's backed by the federal government we can -- Regulate.

Regulate your activity but they haven't done is done it's this kind of a direct -- I think it creates all sorts of problems.

For that waited that the US government was set up not to sound too dramatic about it.

The -- United States government was set up it would change it I think fundamentally.

Now it's it's saying.

Before the 2008 election.

Health -- looked like it was going to be an avenue in which Republicans might have been pioneers and certainly that Romney was trying to be ahead of the curve.

When he put a mandate and in Massachusetts.

-- but you know if you think about what John McCain was proposing in 2008 it was essentially for the first time since the end of World War II decoupling.

The private health insurance market from.

The national home health care system and saying we're gonna -- tax exemption on the benefits you receive.

But we're gonna give you a voucher and returned a 5000 dollar gradually -- spent however you want.

Republicans were until the president did this Republicans were looking at some pretty innovative stuff.

They were once the what was passed it's been very quiet on the right on healthcare it has and you -- -- Schism of Republicans on about that it's relative quiet.

From people who have been reformers in this area I would say that -- going back to 2008 and earlier it's not the Republicans didn't have.

Have these ideas it's just it was a matter of emphasis they decided to -- They would rather be talking about other things that you know in the last decade the war on terror taxes things of that nature.

So they didn't spend the time it wasn't a major campaign issue for Republicans even John McCain.

Who had this elaborate plan so pieced together from a number of different previous plans.

He wasn't it wasn't his big issue he wasn't running on and the way that both Hillary Clinton and Barack Obama running and health -- in their primary.

Yeah because that's an Intel Core issue for Democrat or issue and for Republicans it's more of a theoretical sort of abstraction something that that doesn't really.

Toast their -- well and and I think Democrats view this access question universal coverage question.

As fundamental task to be solved and -- has to be solved right and I have to ensure these uninsured.

Whereas Republicans will say what we have programs there are programs in existence that help.

The people who really interest to get insurance and and by and large a good number of espionage for their academic studies that suggest a sixty.

-- 80% of the uninsured.

Are able are unique position to buy insurance if they wanted to but have chosen not to.

So it's an urgency question Democrats on its -- Republicans sought as west -- and here's what's -- -- about the whole thing -- Barack Obama did something that Democrats have been trying to do for a century.

Which was to create a health care entitlement for middle class America yes we -- we've both -- for a long time.

Have had health and health entitlement for the very poor always had sort of welfare program for the very -- -- -- had an entitlement program.

For seniors right so you were covered at those two wins by the government but the idea something that would be for every one.

I was on the Democrats -- for a long time but couldn't get why does the president.

Ron Moore on the fact that he has done this that he achieved this great success because people hated the Honolulu.

I mean this is that this is the fundamental problem I think this has been a problem all along conceptually for the Democrats.

You have that -- democratic pollsters and strategists in the early 1990s before Hillary Clinton tried to pass her Health Care Reform plan.

Making the argument that Democrats needed to pass just this kind of middle class entitlement.

So that they would have a whole new set of voters people -- the Democratic Party.

That's what they tried to do it didn't work that time.

In that even back then it was understood I think that.

This might have been popular in this in theory made -- popular to sell it to people but when people understood at least initially.

How much it was likely to cost changes that it would -- to their own care -- that it wouldn't be popular but only temporarily.

Then people once they started receiving these benefits -- -- cool -- hooked up like every government.

Program that has ever existed.

I'll tell you I think one thing about yourself.

America you love free stuff that is that is true free freely quotes Brady right and look if it's a second don't when you go to Dunkin' Donuts with a huge coffee -- America -- we -- drive -- across broken glass -- -- burning desert.

And that's part of the healthcare problem that's bar that it'll go and get a second down so it's your fault Dunkin' Donuts you're gonna be subsidizing those people for being so dog on delicious OK Steve we have to take a quick break but.

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