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For more than 30 years, state legislatures have passed laws driving the cost of health insurance higher.Known as mandated health insurance benefit laws, they force insurers, employers and managed care companies to cover - or at least offer - specific providers or procedures not usually included in basic health care plans.In oral arguments before the court two weeks ago, the challengers also argued that the health insurance mandate was not “proper” in a way that allows it to be justified under the Necessary and Proper Clause.These precedents rebut that claim because they indicate that the framers thought not just purchase mandates but medical insurance mandates were perfectly proper indeed.Six years later, in 1798, Congress addressed the problem that the employer mandate to buy medical insurance for seamen covered drugs and physician services but not hospital stays.And you know what this Congress, with five framers serving in it, did?

Not only did most framers support these federal mandates to buy firearms and health insurance, but there is no evidence that any of the few framers who voted against these mandates ever objected on constitutional grounds.But there’s a major problem with this line of argument: It just isn’t true.The founding fathers, it turns out, passed several mandates of their own.Consumer Operated and Oriented Plan Programs (COOPs) were really a political compromise between Members of Congress who wanted a public plan option and those who didn’t.Once the Affordable Care Act passed, COOPs had outlived their usefulness.

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