Healthcare Showdown, the Preview: Part 1

Next week, the Supreme Court will hear arguments on the constitutionality of the new federal health care law, known as the Affordable Care Act (ACA).  This is one of the most momentous showdowns in Supreme Court history – the Court’s decision will be a major landmark in determining the scope of federal power.  This week, I’m going to preview the four major issues the Court will consider.  The first issue is the so-called “individual mandate.”    

The individual mandate is the centerpiece of ACA.  It creates a legal duty for all individuals in the US to obtain health insurance that meets federal standards by 2014.  The constitutional issue is whether Congress has the authority to impose such a mandate.  The Constitution grants only certain “enumerated powers” to Congress.  In the case of ACA, the government relies mainly on the constitutional power to regulate “commerce . . . among the several states.”  Granted, unless your doctor happens to live in a different state, most individual healthcare transactions do not take place “among the several states.”  However, the Supreme Court has held that Congress has the power to regulate economic activity that, in the aggregate, will affect interstate commerce.  In 1942, the Court upheld New Deal regulations that dictating the amount of wheat a person could grow for his own family’s consumption!  (Wickard v. Filburn).  

However, opponents of the law point out that Congress has never used its power to compel individuals to purchase a product, whether they want it or not. If they can force us to buy health insurance today – they ask – what’s next?  A mandate to eat our vegetables

15 responses

  1. I tend not to leave many responses, however i did some searching and wound up here
    Healthcare Showdown, the Preview: Part 1 Adam
    Freedman. And I actually do have a couple of questions for you if it’s allright.
    Is it only me or does it give the impression like some of the responses look like written by brain dead people?
    😛 And, if you are writing at additional online social sites, I would like to follow
    anything fresh you have to post. Would you make a list of all of all your communal pages like your Facebook page, twitter feed,
    or linkedin profile?

  2. The first time we have a thought, it’s like when you walk across freshly fallen snow and
    your boots make a path through the snow. I can organise and run
    political campaigns with ease. There are companies locally that are available to assist you in
    determining what music would best suit you, or how to best go about presenting your music you have either written or had written for you.

  3. The search process includes looking into the different kinds of deeds,
    which link the property title to other real estate transactions.
    Another activity my department utilized, inviting local slam poets to
    perform for the students, proved entertaining and effective.
    So remember the next time you are writing articles to
    ‘top off’ your great content with an equally great title.

  4. Your choice depends on your comfort and ease of possibly
    modifying a layout and your financial allowance. Go to your Content Tab
    towards the top of the new window that came up.
    In our bodies of the post, enter your email address contact info so that people can contact you whenever they want to choose the domain.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: