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Senate Proceeding on Dec 22nd, 2009 :: 0:00:00 to 0:04:25
Total video length: 3 hours 30 minutes Stream Tools: Stream Overview | Edit Time

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Max Baucus

0:00:00 to 0:00:21( Edit History Discussion )

Max Baucus: to legislate a health insurance mandate as long as the mandate is properly designed and executed as discussed below. this paper also considers the likelihood of a change in the current judicial approach to these legal questions. potential solutions. congress' authority to regulate commerce. the

Max Baucus

0:00:00 to 0:04:25( Edit History Discussion )
Speech By: Max Baucus

Max Baucus

0:00:22 to 0:00:42( Edit History Discussion )

Max Baucus: authority to legislate a health insurance mandate under the commerce clause of the united states constitution. a federal mandate to purchase health insurance is well within the breadth of congress' power to regulate interstate commerce. congress can avoid legal challenges related to the tenth amendment and states' rights by preempting state insurance law and defending the mandate on a

Max Baucus

0:00:43 to 0:01:04( Edit History Discussion )

Max Baucus: federal level. if congress wants states to implement a federal mandate, it has the following two options -- one, conditional spending. congress may condition federal spending such as that for medicaid or public health on state compliance with federal initiatives or additional preemption.

Max Baucus

0:01:05 to 0:01:25( Edit History Discussion )

Max Baucus: congress may allow states to opt out as long as stas implement a similar federal requirements. congress' has the authority to ledge health insurance authority under its constitutional authority to tax and spend. there are no states' rights issues arising from congress's taxing and spending power.

Max Baucus

0:01:26 to 0:01:46( Edit History Discussion )

Max Baucus: however, congress's taxation power cannot be used in a way that burdens a fundamental right recognized in the constitution's bill of rights and judicial interpretations by the u.s. supreme court. since there is no fundamental right to be -- to be uninsured, no fundamental rights challenge exists. other relevant constitutional rights.

Max Baucus

0:01:47 to 0:02:08( Edit History Discussion )

Max Baucus: challenges under the first and fifth amendments relating to individual rights may arise but are unlikely to succeed. the federal government should include an exemption on religious grounds to a health insurance mandate as an added measure of protection from legal challenges based on religious freedom. in the alternative, the federal government can simply exempt a federal insurance mandate for existing fed

Max Baucus

0:02:09 to 0:02:30( Edit History Discussion )

Max Baucus: protecting religious freedom. considerations: to avoid a heightened level of secity to any judicial view, the fell government should the federal government should articulate its rationale from mandating health insurance during the legislative process. then it goes on probably too lengthy for me to read.

Max Baucus

0:02:31 to 0:02:51( Edit History Discussion )

Max Baucus: i might say, professor hall, who wrote this, is a professor at wake forest university. i'll just read the conclusion. "the constitution permits congress to legislate a health insurance mandate. congress can use its commerce clause powers or its taxing and spending powers to create such a mandate. congress can impose a tax on those

Max Baucus

0:02:52 to 0:03:13( Edit History Discussion )

Max Baucus: insurance or provide tax benefits to those that do purchase insurance. if congress would like the states to implement an insurance mandate, it can avoid conflicts with the anticommon dearing principle by -- my anticommandeering principles by conditioning federal laws on state compliance. a federal employer mandate for state and local government

Max Baucus

0:03:14 to 0:03:34( Edit History Discussion )

Max Baucus: woers may be subject to a challenge. however, such a challenge is unlikely to be successful individual rights challenges under the first amendment's free exercise clause or rfra -- i'm not sure what that -- "are unlikely to succeed although a federal i mandate should

Max Baucus

0:03:35 to 0:03:56( Edit History Discussion )

Max Baucus: include a statement that fraa does not provide for a rigious amendment. fifth amendment or due process takings clauses are also unlikely to be successful. an analysis is likely to endure as the supreme court's current position and approach to determing relevant constitutional issues appear to

Max Baucus

0:03:57 to 0:04:20( Edit History Discussion )

Max Baucus: be stable." mr. president, i suggest the absence of a quorum and ask consent the time be charged equally against both s the presidin objection. the clerk will call the roll. quorum call:

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