Friday, October 11, 2013

Affordable Protection Act Part 2. Implementation and Constitutionality.

       In part one we examined why the Affordable Protection Act is necessary and cost-effective.  Now we will examine how it could roll out, and why it is constitutional.  

       Implementation:  

       This would not require any major preparation, or pre-collection of taxes (which the Affordable Care Act did require), to work.  We simply make a law that every member of the militia, as defined previously, is required to own, and carry, a firearm.  I did not say pistol, and I did not say concealed.  Others may carry a firearm (insurance) on a voluntary basis, unless otherwise ineligible.  
       The legal reason given for the requirement for concealment is to not incite alarm or panic in the public.  If everyone is armed, then the sight of a gun will not incite anything.  (Except Hoplophobes, but we don't ban bridges or clowns just because of a few peoples' neuroses).  In fact seeing a firearm should never incite anything, unless it is pointed at you.  People who panic at the sight of a holstered weapon are the problem, not the person peacefully carrying it.
       If anyone in the militia decided they did not want to carry a firearm, they would not be forced.  But, due to the added strain they would be putting on the system, they would have to pay a penalty.  (Just like the Affordable Care act.) Unlike the Affordable Care Act however, I will allow for those of means, who do not wish to carry a firearm (insurance) to opt out if they can prove they have people in their employ for such a purpose.  (adequate money set aside for healthcare)  

       Constitutionality:

       In their landmark decision in favor of the Affordable Care Act, the Supreme Court ruled that the penalty, and in fact the insurance requirement itself, could be construed as a tax.  By that measure it is constitutional.  They are required, it was stated, in cases where there are multiple interpretations of a law, and one of them is constitutional; to use that interpretation in their decision, and disregard any other interpretation.  
       That same rationale would dictate that requiring the purchase, or proof of current ownership, of a firearm, and the penalty for non-compliance; would be a tax, and therefore within the scope of congressional authority to legally require.  

       Please forward this to your representatives in Washington D.C.

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Keep it clean and well thought out.