House Resolution 1474 asserts that the mandatory insurance clause of the most recent health care reform bill passed by congress infringes on the rights of individual citizens and that the federal government has no authority under the constitution to pass such an act. Both of these assertions are false. First and foremost, the federal government has established precedent in national mandates specifically dealing with social security and medicare, which are taxed paid by all employed citizens but not used by all citizens. Second, under the Commerce Clause of the constitution, the federal government does have the right to regulate insurance as an interstate good. This assertion was validated by the US supreme court in 1944 with its ruling in the United States V. Southeastern underwriters association.
To be clear, the mandatory clause requires that all citizens who can afford health care insurance purchase it. The law also defines those " who can afford health insurance" as those who the minimum coverage will not cost more than 8 percent of their monthly income and are above the federal poverty line. The majority of the population of Louisiana is already insured with some sort of health insurance. Roughly 895,000 people in this state are currently uninsured. None of them would be forced to purchase health insurance if they were financially unable. Subsidies are also available for those who do not qualify for medicare but cannot afford health insurance. This is not socialized medicine as it has been depicted.
The opposition presented in this bill is purely ideological, ignoring demographic facts and economic realities, and can best be described as a argument for states rights. The base value put forward in HR 1474 is that the states can pick and choose which federal laws they will follow. This is a symbolic gesture as state law is superseded by federal law. It can only be concluded that the supporters and sponsors of this bill are placing personal short term gain over the political credibility of Louisiana.- Young Democrats of Louisiana East Baton Rouge Parish Chapter