Constitutionality Of The Individual Mandate
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Author | : United States Congress |
Publisher | : Createspace Independent Publishing Platform |
Total Pages | : 164 |
Release | : 2017-10-09 |
Genre | : |
ISBN | : 9781978116399 |
Constitutionality of the individual mandate: hearing before the Committee on the Judiciary, House of Representatives, One Hundred Twelfth Congress, first session, February 16, 2011.
Author | : Jack Painter |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : |
ISBN | : |
The Supreme Court is about to hear a case of great legal and political importance. At issue is the constitutionality of the so-called “individual mandate” in the Patient Protection and Affordable Care Act, which requires most Americans to purchase health insurance starting in 2014 or pay a monetary penalty.The question is whether Congress exceeded its Constitutional power to regulate “Commerce...among the several States” (i.e., regulate interstate commerce) and to make laws “necessary and proper” to carry into effect that power. It's unlikely the Obama Administration can justify the individual mandate as a regulation of interstate commerce. How can the failure to purchase health insurance in itself be considered commerce, let alone interstate commerce? If that is interstate commerce, what can't Congress force us to purchase? For that reason, the outcome of the case will likely turn on whether the individual mandate is both “necessary” and “proper” to carry into effect Congress's power to regulate interstate commerce. To succeed on the “necessary” test, the Obama Administration must make constitutional arguments that don't have any logical limits and therefore give Congress vast powers over our lives, and this undermines its ability to show that the individual mandate also meets the “proper” test, which requires that it be consistent with “the letter and spirit of the constitution.” On its face, the individual mandate fails the "proper" test. It abandons the long-standing legal principle that legally binding contracts require mutual assent and cannot be coerced. This crosses a line the federal government has never crossed and effectively tramples on “The powers...reserved...to the people” under the Tenth Amendment. It is inconsistent with the fundamental concept of self-ownership that underlies the theory of natural rights in the Declaration of Independence - the idea that we own ourselves and, therefore, have the right to be left alone as long as we honor the equal right of others to be left alone. Beyond that, the Administration's expansive view of the commerce power creates a sea of federal power limited only by islands of individual rights (and limits on using the commerce power to regulate non-economic activity), and that is inconsistent with the letter and spirit of the Constitution: It imposes virtually the same limits on federal and state power and, therefore, effectively gives the federal government the same “police powers” as the states. It puts liberty at risk by relying entirely on individual rights to protect us against things like mandated doctor visits and exercise. For example, the Supreme Court has found an unenumerated “right to liberty” only where there is no harm to others. The courts could easily decide that skipping annual physicals or living a sedentary life harms others by raising medical costs for some and insurance premiums for all. The Administration makes the following arguments to allay concerns about the threat to liberty its theories pose, but those arguments don't stand up to scrutiny: The government imposes the equivalent of mandates all the time. Economic mandates are no more intrusive than regulations or prohibitions of chosen activity. Congress can use its taxing power to achieve the same ends, so using the commerce power is permitted. We can rely on the political process to protect our liberty.
Author | : Remi Aston |
Publisher | : Nova Science Publishers |
Total Pages | : 0 |
Release | : 2013 |
Genre | : Constitutional law |
ISBN | : 9781624171475 |
As part of the Patient Protection and Affordable Care Act (ACA), as amended, Congress enacted the "individual mandate", which requires certain individuals to have a minimum level of health insurance. Individuals who fail to do so may be subject to a monetary penalty, administered through the tax code. Prior to ACA, Congress had never required individuals to buy health insurance, and there had been significant debate over whether the individual mandate was within the scope of Congress's legislative powers. This book provides an overview of the Patient Protection and Affordable Care ACT (ACA), the Supreme Court and the constitutionality of the "individual mandate".
Author | : United States House of Representatives |
Publisher | : |
Total Pages | : 164 |
Release | : 2019-10-09 |
Genre | : |
ISBN | : 9781698382401 |
Constitutionality of the individual mandate: hearing before the Committee on the Judiciary, House of Representatives, One Hundred Twelfth Congress, first session, February 16, 2011.
Author | : United States. Congress. House. Committee on the Judiciary |
Publisher | : |
Total Pages | : 164 |
Release | : 2011 |
Genre | : Law |
ISBN | : |
Author | : Erik M. Jensen |
Publisher | : |
Total Pages | : 0 |
Release | : 2013 |
Genre | : |
ISBN | : |
This article examines the Supreme Court's 2012 decision in National Federation of Business v. Sibelius (NFIB). That case held that the individual mandate penalty in the Obamacare legislation will be a tax and not a penalty, and that the penalty will therefore be constitutional under the Taxing Clause of the Constitution, even though a majority of the Court held that the mandate itself -- the requirement to acquire insurance or pay the tax/penalty -- was not a valid exercise of the commerce power. The result in the case was not necessarily a surprise, but the reliance on the taxing power was. This article discusses the understanding of the taxing power reflected in NFIB; describes what Chief Justice Roberts did not say about the scope of that power; and considers what the decision means for future exercises of congressional power, concluding that NFIB is unlikely to cause Congress to abuse the taxing power.
Author | : United States. Congress. House. Committee on the Judiciary |
Publisher | : |
Total Pages | : 159 |
Release | : 2011 |
Genre | : Compulsory health insurance |
ISBN | : |
Author | : Ilya Somin |
Publisher | : |
Total Pages | : 92 |
Release | : 2011 |
Genre | : Compulsory health insurance |
ISBN | : |
Author | : Tamara Thompson |
Publisher | : Greenhaven Publishing LLC |
Total Pages | : 130 |
Release | : 2014-12-02 |
Genre | : Young Adult Nonfiction |
ISBN | : 0737771496 |
The Patient Protection and Affordable Care Act (ACA) was designed to increase health insurance quality and affordability, lower the uninsured rate by expanding insurance coverage, and reduce the costs of healthcare overall. Along with sweeping change came sweeping criticisms and issues. This book explores the pros and cons of the Affordable Care Act, and explains who benefits from the ACA. Readers will learn how the economy is affected by the ACA, and the impact of the ACA rollout.
Author | : Joan Biskupic |
Publisher | : Basic Books |
Total Pages | : 415 |
Release | : 2019-03-26 |
Genre | : Biography & Autobiography |
ISBN | : 0465093280 |
An incisive biography of the Supreme Court's enigmatic Chief Justice, taking us inside the momentous legal decisions of his tenure so far. John Roberts was named to the Supreme Court in 2005 claiming he would act as a neutral umpire in deciding cases. His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land? In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court's image and his place in history. Biskupic shows how Roberts's dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation's highest court.