Quote:
Originally posted by taxwonk
The MacCarran Ferrguson Act (I could be wrong about the spelling, but you know what I mean) is federal legislation. If the Congress decides to adopt universal health care coverage, and they decide to nationalize the health care system (which are two things that are not necessarily tied together), then presumably they would repeal the insurance act and bring health insurance within the scope of the Commerce Clause.
Of course, this is a vast oversimplification. There are also collateral issues like federalism and the 11th Amendment and state control over other types of insurance. But this, I think, should answer your basic question.
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Ha. Not surprised I got my ass handed to me in the one case tried re: McCarran. Kinda helps if you can spell the legislation. Why did I quit law again?
Anyway, I hear you on the Federalism issues, but what about #3? How does our natl health system not become a second class health system without the outlawing of private insurance or fee for service care, which I think we can all agree is an impossible scenario since that would violate the Constitution?
