Thank-you for your thoughtful commentary. First off, I am not defending the positions establishment Conservatives have taken. If they have inconsistencies in their position, so be it. What I am saying is that Obamacare is unconsitutional and I am trying to explain why. You are arguing it is impossible to come up with a free-market based healthcare plan that is Constitutional. That is where we disagree. I think it is quite possible to give individuals and families the opportunity to purchase fairly priced coverage and to provide coverage to all, including those with pre-existing conditions. The individual mandate forced a limited population of healthy people without employer-provided insurance to pay the entire burden for those who needed subsidized coverage. It made their premiums astronomical and made Obamacare extremely unpopular. Millions found it more economical to pay the tax (penalty) rather than buy the mandated insurance. The mandate was a subsidy. It led to pricing disparities which are a classic flaw in insurance plan design. What I am arguing for is a national broad-based subsidy for those with pre-existing conditions and for those unable to pay the actuarially sound rate. I believe that will be a lot cheaper and easier to implement than a national health plan. Over 200 million people have employer-provided insurance. A national health plan that takes that away is not going to be easy to do. A regulated free-market system with broad-based subsidies for those in need is feasible and constitutional.

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