Hence the ACA. Set up a penalty so healthy people who don't have health insurance have to pay in anyway.
Why do you seem to think it's acceptable for a government to tell its citizens what they will and will not purchase? I'm still waiting to see the authority for it because the general welfare clause fails.
Call it a tax, because truly that's what it is. We like to give tax breaks to promote desired behavior (owning a house, for example) so we tax an undesirable behavior. Lots of those, by the way, like cigarette and liquor taxes. I have to admit, the ACA is more sweeping. This is a simple thing.
Article 1, Section 8 actually specifies that the Congress has the power to lay and collect taxes. It doesn't mention health care.
If healthy people don't put in the whole thing doesn't work.
Why should a healthy person pay for a sick person? That makes no sense other than a sick person is going to have a higher health care cost and may need some help paying for it.
We're back to being shut out if you have a "preexisting condition", which the insurance companies can declare you breathing.
Insurance is like any other business: it provides a service in exchange for payment. It exists to make money. If an insurance company decides to charge a higher premium for a person with a pre-existing condition (because that person is at a higher risk of having to need the insurance) then why shouldn't they be allowed to do that?
The ACA, as imperfect as it is, is a step in the right direction. If your politicians could just get together and cooperate, I bet they could fix its shortcomings and turn it into something that would really work for the American people. It isn't going anywhere.
The ACA is a terrible law and it's failing. Maybe the Democrats should've actually put some thought into this and sought bipartisan support instead of ramming it through. Or maybe they shouldn't have done it at all, but then that is completely against the progressive mindset. The government must be involved in every aspect of a person's life and control them.
As far as what does the Constitution allow and what doesn't it, that question is now moot. The ACA got the blessing of the Supreme Court, its a done deal. Yeah, perhaps some court in the future will see differently, but that won't come any time soon.
The SCOTUS also once ruled against Dredd Scott and that internment camps were legal. The point being that the SCOTUS doesn't always get it right.
Courts respect precedent. You guys like to go on and on about what's Constitutional and what isn't. Think about this: nine of the best legal scholars in America often can't agree what is and isn't Constitutional. Do you really think its that cut and dried? Do you really think your sophistries are the end of the game?
They can't agree on what's Constitutional because (currently, anyway) at least four of them would rather look at what they want the Constitution to say instead of what it actually says.
Liberals use the courts at all levels to change the law to what they want it to say instead of using the mechanisms in place to actually change the laws: state houses and the Congress.