Affordable Care Act
Constitutionality of the Affordable Care Act: What Would Alexander Hamilton and Thomas Jefferson Say?
The cornerstone of the recently-passed Affordable Care Act is the requirement that all Americans must buy some form of health insurance. This is necessary, given the new requirements put upon health insurance companies to cover the uninsured with preexisting conditions, so people cannot simply wait until they are sick to buy health insurance. The constitutional question at stake is if Congress can compel citizens to purchase a 'product' in the form of health insurance from private industry. This hinges upon the Supreme Court's interpretation of the scope of the Commerce Clause. With respect to this clause, advocates of the bill state that Congress has a right to "regulate the insurance industry" to make the ACA effective, "or can do so by using its
2011).
Today, the debate over healthcare is often painted in shades of 'red' and 'blue' or conservative Republican vs. liberal Democrat. Although the party lines have been redrawn many times since the nation's founding, the Founding Fathers were similarly divided in terms of how they viewed the ideological orientation of the new nation. Alexander Hamilton might be what is called today an advocate of 'big' government. Hamilton "sought a strong central government acting in the interests of commerce and industry. He brought to public life a love of efficiency, order and organization" (Hamilton vs. Jefferson, n.d., U.S. Department of State). He was an advocate for commercial interests and a strong hand of government which he believed was necessary to exercise authority over the will of the people.
In America today, there is a popular upsurge against the idea that the government can 'make' anyone do anything,…
Affordable Care Act of 2010 Brief History of this Legislation -- How it Became Law When the Affordable Care Act (ACA) was signed into law by President Barack Obama in March, 2010, the legislative process was saturated with tension and heated rhetoric. After a bitter, chaotic period in which legislators attempted to hold "town hall" meetings to explain the benefits of the play -- and organized disruptions at those meetings set a
Affordable Care Act Legal Studies 101 Commerce Clause and the Affordable Care Act The Affordable Care Act (ACA) of 2010 was signed into law on March 23, 2010 and a number of provisions have already gone into effect and still others are scheduled to be implemented over the next four years (Henry J. Kaiser Family Foundation sec. 2). Probably the most controversial provision is the requirement that Americans who chose not to purchase
Laws and Health Care The health care industry has undergone massive overhaul in recent times and the impact of the laws and regulations that accompany this change have deep and resounding effects on the way professionals approach their industry. The purpose of this essay is to explain the role of governmental regulatory agencies and their effect on the health care industry. This essay will first provide two examples of laws and regulations
NFIB vs. The Affordable Care Act The Affordable Care Act brought to the Supreme Court by 26 states of the United States to determine its constitutionality, was confirmed by the courts as was expected by many people. The case was between National Federations of Independent Business v. Sebelius (NFIB). The Supreme Court upheld the ACA and its expansion in a fragmented and complicated opinion that saw it also limit the ability
Patient Protection and Affordable Care Act (PPACA) One of the most significant recent U.S. Supreme Court decisions was the Court's validation of the PPACA's individual mandate, requiring virtually all Americans (with some exceptions) to purchase health insurance. The individual mandate was a critical component of the ability of the Act to function as it was designed by legislators. It was essential that people who were relatively healthy and young were insured
Healthcare in U.S. / Constitutionality of PPACA Meaning of Quote Constitutionality of the individual mandate PPACA Meaning of Quote The meaning of the quote "deviance is in the eye of the beholder" is that whatever is deviant to one may not be to another. The differences in cultures, environments and traditions in the world mean that whatever one society may view as deviant may be the convention or the norm in another. Similarly, at
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