The Individual mandate

[Free Trade is managed by the invisible hand.]

From an economic point of view I can see how the individual mandate would make sense, but it would appear that ethical/legal considerations should be considered here as well. Perhaps the states cant outright opt out of the individual mandate, but if they meet a few goals they can. Thus the State can either create their own health care plan and then apply for a waiver, or they can simply stick with the individual mandate.

Some people may argue that it is unfair to require individuals who choose to remain citizens to buy health care, but I think it is just as unfair to have citizens go uninsured and thus leading to an increase in premiums for people who already have a plan. Thus if someone who can afford health care decides  to remain uninsured it will mean that premiums will increase for individuals who already have a plan, and would thus be violating the negative rights of the insured.

Obviously the Individual mandate is the least popular part of the plan, but this health care bill is the one that we have now.


The function of State coercion is to override individual coercion, and, of course, coercion exercised by any association of individuals within the State. It is by this means that it maintains liberty of expression, security of person and property, genuine freedom of contract, the rights of public meeting and association, and finally its own power to carry out common objects undefeated by the recalcitrance of individual members.

L. T. Hobhouse, "Liberalism", Chapter 7
Philosophers also distinguish between liberty and the value of liberty. Liberty has little value if those who ostensibly posess it lack the resources to make their rights effective. Freedom to hire a lawyer means little if all lawyers charge fees, if the state will not help, and if you have no money. The right to private property, and important part of liberty, means little if you lack the resources to protect what you own and the police are unavailable. Only liberties that are valuable in practice lend legitimacy to a liberal political order.
Holmes and Sunstein, "The Cost of Rights", p 20.