By There has been so much controversy in the insurance industry as to why car insurance is mandatory but mandatory health insurance is ‘unconstitutional’.
If you are well-informed about the insurance market in the United States and have tried to buy both car insurance and health insurance, you must have encountered this bone of contention.
In the United States, car insurance for citizens is mandatory according to insurance experts. Health insurance on the other hand is not tagged mandatory and in any case, where health insurance is claimed to be mandatory, it goes against the constitution.
The focus of this article today is to look into why car insurance is mandatory but health insurance is ‘unconstitutional’.
To set the records straight concerning this matter, I have divided my explanations into three (3) parts. They are:
- Why car insurance is deemed mandatory
- Is car insurance mandatory?
- Why mandatory health insurance is ‘unconstitutional’ in the United States
At the end of this piece, I am optimistic the air will be cleared as regards the subject matter we are looking into today. Without further ado, let’s delve into the main piece.
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Why Car Insurance is Deemed Mandatory
Car insurance is deemed mandatory in the United States because the usage of cars has impacts on others apart from you.
As you make use of your vehicle, you can put the lives and properties of other road users and commuters in danger. The consideration of the impact of motor vehicle usage on third-party makes for mandatory car insurance.
If it was possible to make use of your car without posing any risk to third-party road users, chances are that mandatory car insurance may be made unconstitutional.
Seeing that others can be affected by our own mistakes and un-doings, car insurance should be made mandatory.
Is Car Insurance Mandatory?
This is one of the biggest questions of the insurance market. The simple truth is that car insurance is not mandatory.
According to the law, when you take a driver’s test, you are required to prove financial responsibility. The proof of your financial responsibility can be verified when you post a bond. This shows that you have enough money to pay for damages, repairs, and maintenance.
Nonetheless, certain states in the United States make the purchase of car insurance mandatory. In such states, you will be asked for proof of car insurance when you are pulled over by the sheriff’s department.
You are not required to own or drive a car and it is also not mandatory to own a car insurance policy except if you are in a state that has imposed laws concerning the need for all road users to own a car insurance policy.
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Why Mandatory Health Insurance is ‘Unconstitutional’ in the United States
The foremost reason why mandatory health insurance is ‘unconstitutional’ and car insurance is mandatory in the United States is because of the disparity in the administrative power of the state government from the federal government.
When one understands the powers and the abilities given to the state government and federal government of the United States, the mandatory nature of car insurance as against health insurance will be fully conceptualized.
Here is a brief rundown of the difference in powers given to the US State government and the federal government:
In the United States, state governments have got plenary power. Plenary power allows state governments to make and implement any law they want providing it is within the confines of the jurisdiction as defined by the Constitution.
A state government can make and impose just about any kind of law on its citizens and these laws will stand so long the state government does not go over the boundaries the Constitution has placed on them.
However, the federal government does not have plenary power. Hence, unlike state governments, they cannot superimpose laws and this limitation is based on specifically enumerated powers that are given to them by the Constitution.
This is why a state can make any form of insurance mandatory for its citizen. It is the reason why car insurance is mandatory in certain states in the United States of America. It will interest you to know that there is a state in the US where health insurance has been made mandatory.
Massachusetts has made health insurance mandatory for its citizens for years and it has not sprung up any constitutional problems or debates. Why? Because the state government is at liberty to impose whatever law they deem fit but not the federal government.
The federal government cannot force individuals to purchase health insurance because it does not have the legal backing and authority to do so. Trying to do so is ‘unconstitutional’ and it does not only apply to mandatory health insurance alone but car insurance, life insurance, business insurance, and so on.
Should a state government deem fit, they could make life insurance mandatory for their citizens and it would be very much constitutional.
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Conclusion
Forget about what is mandatory and what is not by the law, regardless of who you are, health insurance is mandatory for all.
Your health insurance policy can save you from a whole lot of medical emergencies that you will never see coming. It is not about what the government says is mandatory, health insurance is sure a life-saving approach every one of us must subscribe to.
There are times when lack of money could be the difference between life and death. There are times when the money at hand would not be enough to get the best healthcare and it could be the cause of a person’s death.
Unseen medical emergencies, financial incapability, access to proper healthcare services, treatments of deadly diseases, and much more can be dealt with when health insurance is in place. This is past what any government says is mandatory.
