Congress has long used insurance and indemnity devices across many federal programs

Evidence

The insurance device has already gained wide usage in federal programs. The Congress has enacted into law various schemes incorporating insurance principles or related indemnity principles, which involve the payment of fees or charges by those benefiting from the programs. These include (1) atomic reactor insurance; (2) aviation war damage insurance; (3) bank deposit insurance3 (4) Export-Import Bank tangible property insurance; (5) Government employees insurance; (6) housing mortgage insurance; (7) maritime cargo war time insurance; (8) maritime vessel mortgage insurance; (9) Mutual Security Act investment guarantee program; (1) old age and survivors’ insurance (11) postal inarance; (12) savings and loan account insurance; (3) unemployment insurance; (14) veterans’ life insurance; (15) V-loans guaranteed by Federal government agencies; and (16) mar damage insurance. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1917

Categorization

• XREF: Feeds the polyad thread on law-as-technique; parallels the catalog of government ‘techniques beyond command’ in ch11. — connects to: Insurance rate classifications can shape private behavior like tax categories do — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1913; Government insurance programs arise only where private supply has failed — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1885; Congress passed the Federal Tort Claims Act to replace private bills with court access — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2051

Broader Connections

• Congress passed the Federal Tort Claims Act to replace private bills with court access #expands (0.80) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2051