Unless there has been a criminal conviction or an agreement following a civil trial
Like most libertarian proposals, this is insanity. You are basically saying anyone can drive right up until they are convicted for some crime, say like injuring/killing someone, causing irreversible harm (even if possibly, partially, monetarily compensated for via insurance or a civil settlement). We already know there is a substantial likelihood of this happening -- even with licensing schemes in place -- and can measure and predict rather well using aggregate economic harm that would result of a no-license regime. A license provides a low cost, easy to administer method to reduce this economic harm by validating some basic level of skill at driving and ability to pay some later civil settlement should you fail (or just get unlucky). Now if you want to argue the administrative or social cost outweighs the benefit here and/or there is a better system, please present your large, comprehenive, well researched , peer reviewed study.
Licensing seems like a good idea to me.
Yes, people argue they might produce some extra Theragen gas, but I'm sure we can deploy Theragen gas-sucking towers once that becomes a problem.
The Act provides that “[e]ach State shall, not later than January 1, 2014, establish an American Health Benefit Exchange (referred to in this title as an ‘Ex-change’) for the State.” 42 U.S.C. 18031(b)(1). But the Act affords “State flexibility” in the fulfillment of that requirement. 42 U.S.C. 18041. A State may “elect” to set up the Exchange for itself. 42 U.S.C. 18041(b). Alternatively, if a State does not elect to create the Exchange itself, or if the Secretary of Health and Human Services (HHS) determines that the State will not have the “required Exchangeopera-tiona l by January 1, 2014,” then HHS “shall establish and operate such Exchange within the State.” 42 U.S.C. 18041(c)(1).
An Exchange operated by HHS is known as a “[f]ederally-facilitated Exchange.” 45 C.F.R. 155.20. Though run by HHS, each federally-facilitated Ex-change is the same state-specific Exchange the State otherwise would have established.
You are right in that is is not tacit...is is explicit, the federal exchange is the established [and operated] exchange within a state.
Sometimes corporations fail: when coordinated behavior is required, for example in cases of large externalities. The economics classic "Tragedy of the Commons" is exemplified by our modern day causes of and solutions to pollution (compare for example how acid rain and CO2 are/are not handled). Game theory and showed us how under real world economic assumptions and actors (not the economics 101 supply/demand model that many people never seem to advance past), markets can and do consistently fail without regulation.
Also consider what is efficient. Sure, society, life expectancy, technology, or anything can probably advance without governmental institutions (or week ones), but much faster with properly designed strong interaction much faster. As a thought exercise, consider the relative course of history with and without the CDC, WHO, and UNICEF. Go read about guinea worm disease if you need help. You seem to like the idea of consumption taxes, a revenue mechanism that is very inefficient since it ignores the declining marginal utility of money.
As an engineer myself, I am dismayed at how many engineers I encounter that don't get the above and are libertarian in nature. They should firstly be interested in designed to solutions to problems, like the various failure modes of market based systems or political institutions. Second, they should understand the dynamics and forcing functions that might drive these very complex systems to self destruction when improperly designed or regulated. Back when I was in school, they made all the engineers in the early intro classes watch the various famous cases of engineering failures...Tocoma Narrows, Hyatt Regency skywalk, space shuttle...They still do right?
(ok, RDR is not that good, but it helps, and I'm sure as this becomes even more prevalent, people will work around it)
A large number of installed systems work by fiat. That is, they work by being declared to work. -- Anatol Holt