Essay on "Health Care Law Unconstitutional"
Essay 3 pages (1001 words) Sources: 4
[EXCERPT] . . . .
Four court cases that are currently being debated by the judicial system include: Florida v. U.S. Department of Health and Human Services, Commonwealth of Virginia v. Kathleen Sieblus, Seven Sky v. Holder and Thomas Moore Law Center v. Obama. In Florida v. U.S. Department of Health and Human Services, 26 states are challenging the right of the federal government to purchase health insurance. They believe that this is beyond the scope of power given to the federal government. In 2011, the U.S. District Court and Federal Appeals Court ruled that the Patient Affordable Care Act is unconstitutional. (Barnet, 2011, pp. 1 -- 236) (Willis, 2012, pp. 114 -- 129)The case involving Commonwealth of Virginia v. Kathleen Sieblus challenged the power of the federal government to force individuals to purchase health insurance by having a tax imposed. The U.S. District Court and Court of Appeals, ruled that all other aspects of the law were constitutional with the exception of this provision. In Seven Sky v. Holder, the U.S. District Court ruled that the Patient Affordable Care Act is constitutional. While Thomas More Law Center v. Obama ruled in favor of the law to include: the provision of punishing individuals for not purchasing health care coverage in the form of a tax. These cases are illustrating how there are wide variety of interpretations about how the law is applied to the Constitution. (Barnet, 2011, pp. 1 -- 236) (Willis, 2012, pp. 114 -- 129)
Based on previous case precedent, it is clear that the health care law is constitutional. The reason why is because the issues surrounding the delivery of health care services are not being addressed by the states. Moreover, many patients,
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However, recent court cases are indicating that the penalty tax could be struck down. This is because the federal government is forcing individuals to purchase health insurance (which violates the provisions of individual choice). Beyond this area, it would not be surprising to see the law upheld. The reason why this view was taken; is through objectively looking at the powers given to the federal government from: previous Supreme Court decisions supporting these actions. After reviewing all of the facts, he Patient Protection and Affordable Care Act is in compliance with these guidelines. This is because it is dealing with interstate commerce and how this is a major economic / health issue that is not being addressed by the states.
References
Fact Sheet. (2010). Health Reform. Retrieved from: http://healthreform.gov/newsroom/new_patients_bill_of_rights.html
The Reach of Congressional Power. (2010). UMKC. Retrieved from: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/congpowers.htm
Barnett, R. (2011). On Writ of Certiorari. Georgetown Law The Scholarly Commons, 1-236
Willis, S. (2012). No Health Care Penalty. American Journal of Law, 38, 114-129 READ MORE
Quoted Instructions for "Health Care Law Unconstitutional" Assignment:
“Take a position on whether the Healthcare Law is constitutional or unconstitutional and why? What are your arguments for feeling the way you do?
Some of my thoughts on ways I would approach this paper below:
I would research the 4 cases decided by the US Appelate Courts and read why those Courts decided the way they did. Research the general history of the Commerce Clause (because the power of the Commerce Clause is what the Government alleges allows it to require us to purchase government run healthcare) Ways in which the US Sup. Court has interpreted and extended the power of Congress, pursuant to the Commerce Clause, over other issues that touch our lives. Check out: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/congpowers.htm Lastly, read some scholarly articles on both sides of the issue to see if you agree or disagree with the arguments and use this info. in your own paper in your own words.
How to Reference "Health Care Law Unconstitutional" Essay in a Bibliography
“Health Care Law Unconstitutional.” A1-TermPaper.com, 2012, https://www.a1-termpaper.com/topics/essay/health-care-law-unconstitutional/9072254. Accessed 5 Oct 2024.
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