Wednesday, March 28, 2012

Loyola and Epstein: Government by Coercion

http://www.nationalreview.com/articles/294677/government-coercion-mario-loyola


Government by Coercion
What Obamacare’s individual mandate and Medicaid expansion have in common.
By Mario Loyola & Richard Epstein

"In that seeming concession to moderation lies a logical fallacy of huge institutional importance. Coercion is coercion, whether the “financial inducement” is one dollar or 20 billion. When the federal government first taxes money away from the states and then offers to give it back to them only on condition that they comply with certain conditions, there is coercion, regardless of how much money is put on the table. The practice is either permissible, or it is impermissible. There is in fact no “point at which pressure turns into compulsion.” A requirement backed by a tax penalty is either compulsion in all cases, or it is compulsion in no case."

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