Constitutional Restrictions On The Federal Government

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Recently, the federal government has crossed the line in regards to its actual power. In passing the Patient Protection and Affordable Care Act, the federal government is essentially ignoring many vital sections of the Constitution that help keep it in check. These fundamental restrictions help prevent an abusive and tyrannical government. The fact that this law still remains in place today shows that these constitutional restrictions on the federal government no longer apply, and that the federal government essentially has unlimited power. This act is unconstitutional due to its violation of the Commerce Clause, the Tenth Amendment, and the Origination Clause. In order to completely understand the extent of its unconstitutionality, it is important to look at its origins and its constitutional challenges. The first government endeavor into health care was when “Medicaid and Medicare were created [by] President Lyndon B. Johnson… on July 30, 1965” (“What is Medicare”). These two programs were mostly used as a social safety net, and didn’t affect the general public. “On March 22, 2010, President Barack Obama signed the Patient Protection and Affordable Care Act” (ABC-CLIO). With the Affordable Care Act came the controversial Individual Mandate. The Individual Mandate of the Affordable Care Act is the portion of the bill that forces individuals to purchase health insurance, or face a penalty. This immediately triggered challenges to not only repeal the law, but also to
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