The Founding Fathers . . .

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nageov3t

Lifer
Feb 18, 2004
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I assume none of this precedent was brought up in the Supreme Court arguments for good reason.
 

dphantom

Diamond Member
Jan 14, 2005
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http://www.politifact.com/rhode-isl...d-law-professor-says-early-congress-mandated/

I think politifact is getting lazy.

For the 1790 law.
http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=257
The captain must keep a up-to-date medicine chest or pay for the crew's healthcare. Sounds more like a OSHA requirement with teeth.

For the 1792 law.
http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=394
The Act is called "An Act more effectually to provide for the national defence by establishing an uniform militia throught the united states" and the act is all about militia based military. The militia is required to buy arms. (it just happens that unless otherwise exempt, all males 18 to 45 are drafted into the militia)

For the 1798 law, read section 3 on the next page.
http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=728
It isn't an insurance mandate, but the federal government taxing seaman and the federal government paying out a benefit to hospitals on thier behalf and building/buying hospitals out of those funds. This is more like medicare than anything else.

excellent clarification of what is now an apparent misrepresentation of those laws by this law professor. Good job.