Differences Between Congress And Commerce Clauses

In 2010, the United States created The Affordable Care Act (ACA). The objective was to share the responsibility of costs between the government, individuals, and employers to provide affordable access to quality health insurance. “However, health coverage remains fragmented, with numerous private and public sources, as well as wide gaps in insured rates across the U.S. population.” (“United States: International Health Care System Profiles,” n.d.). Each individual state within the US, generally has control over private insurance.

The concept of providing basic healthcare services to individuals in need has undergone an agonizing transition, from a luxury once only afforded by the affluent to a basic human right granted to citizens of every economic station, and the recently enacted Affordable Care Act (ACA) was designed to finalize this ethical evolution. Reflecting perhaps the bitter political enmity currently consuming the nation's once cherished democratic process, Republican legislatures in states throughout the union have bristled at the ACA's primary provisions, threatening all manner of procedural protestation as they attempt to delay and derail the bill's eventual implementation. One of the most intriguing aspects of the sprawling, thousand page law, however, has been the stipulation that individual states will be given a choice to either accept federal funding to expand their statewide Medicaid roster, or to forfeit all federal funding for that program in perpetuity. The role of government in monitoring and regulating the healthcare industry has been long debated, and the bitterly contested passage of President Obama's ACA, a law aimed at revising the country's health insurance system through the creating of a federal health insurance exchange to facilitate increased competition among insurers, has rekindled the debate over who holds the ultimate responsibility for regulating the care provided by hospitals, community clinics, and private practices.

Simultaneously, health and healthcare policy plays a tremendous role in the quality of life of every American. Likewise, by the government constantly interceding, health and healthcare is significantly influenced by the political climate and undertakings of administration; therefore creating a conflictual split between republicans and democrats. Health care is regarded as a product rather than a human right shaped by policymaking. Policies establish healthcare service stipulations, which are rooted in local, state, and federal statutes combined with landmark court decisions. Not only does policy focus on healthcare services; but, it also places a substantial emphasis on cost-efficiency and equality.

What started out as a much needed revision of the Health Care System has turned into a total overhaul which was not passed with bipartisan agreement. This division is reflected not only in the government, but among the people of the United States as well. Polls are taken daily and most of them show that the vast majority of Americans do not want the Health Care Bill. Due to the larger part of America not wanting this bill and finding the bill itself unconstitutional, many states have now filed a lawsuit against the federal government. More than a dozen states that have filed suit against the government believe that this bill violates the Constitution and many more states are considering joining the lawsuits. Some of these contend that the Health Care Bill infringes upon the Tenth Amendment. This amendment states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people"(Dethrick 1). This amendment declares that the states have the ability to implement their own decisions despite what the federal government says. This lawsuit will prove to be a long and costly battle. Regardless of the results of this litigation, undoubtedly, the country will remain divided on this issue for years to come.

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.

What is Obamacare? “Obamacare is the Patient Protection and Affordable Care Act of 2010. The name was created by critics of President Obama's efforts to reform health care, but it stuck. Even President Obama likes it, because he says it shows he does care.” (Amadeo, N.d) In short, the Patient Protection and Affordable Care Act is a policy in which you are required to obtain medical insurance if you do not already have any, or be subject to a tax. The most easily argued aspect of the bill is constitutionality and this is where the question of government overstepping biblical principles comes into play. “By passing Obamacare, the small minority of elected men known as Congress put the state and themselves over and beyond their sole duty as a ministers of justice, and put themselves in a sovereign position over the lives of Americans.” (Necerato, 2013).

The Commerce Clause grants Congress the power “[t]o regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” Despite its silence as to the effect of that affirmative power, federal courts have recognized the Framers’ wish to create a unified national market and have found a dormant congressional authority in it. Since the landmark case of Gibbons v. Ogden (1824), that dormant authority has limited state regulations that burden interstate commerce, even in the absence of congressional regulation. Congress has the power only to restrict the scope of permissible state regulation but it does not absolutely preclude states from affecting commerce. "[T]he states retain authority under their police powers to regulate matters of 'legitimate local concern', even though interstate commerce may be affected." A challenged statute is upheld if its effect on interstate commerce is merely incidental. On the other hand, a state regulation that is facially or practically discriminatory will be defeated unless it shows a legitimate local purpose that cannot be accomplished by any less discriminatory alternatives.

On June 28, 2012, The Supreme Court ruled the Federal Government does not have the constitutional right to sanction an individual to buy health insurance, but declared that the states do have the right to place a tax on citizens that do not carry insurance. This ruling is in response to President Obama’s Patient Protection and Healthcare Act of 2010. Passed on March 23, 2010, President Obama’s Reform Act mandates Texas, as well as the nation, to provide Medicaid funding to all individuals that are uninsured by 2014. As well as expanding Medicaid, it will provide exchanges, which are pools of insurance companies a previously uninsured person can pick

Health care is one of the major political issues facing the nation today. Most industrialized countries have national healthcare system, while the United States only provide coverage for those who are eligible under government programs like Medicare and Medicaid. As the cost of health care to continue to increase, many question the role of the government while other blame insurance companies for increase in premium.

On March 23, 2010, President Barack Obama signed the Affordable Healthcare Act into law. It had been estimated that 30 million people would sign up for the new healthcare act. As of April 15, 2015 the actual number of people that have signed up is 11,776,046 which is a far cry from what was predicted. Within the healthcare system all across the United States things are changing. How will the Affordable Healthcare Act impact the healthcare system within the United States? This paper will address what the Affordable Healthcare Act is first and then

Article I gives three main powers to Congress, and those were restated by the Supreme Court in Perez v. United States. Firstly, Congress can regulate the channels of interstate commerce. Secondly, Congress has the authority to regulate and protect the instrumentalities of interstate commerce and persons or things in interstate commerce. Thirdly, Congress has the power to regulate activities that substantially affect interstate commerce. However, the last step is at interest regarding this topic because it draws attention towards the participation/non-participation about the Affordable Care Act that could potentially affect interstate commerce. This is concerning because although the local activities implied in the third power do not directly participate in interstate commerce, all local activities within the U.S

The health care industry is a two trillion dollar per year industry. People who support the bill for being constitutional believe that this bill is part of commerce. How could two trillion dollars not be commerce? It is an interstate activity that makes a lot of money. There is also another part of government that could also

Once the foundation of the U.S. health care system was reviewed, we began our study of the new regulations. The Affordable Care Act contained three main provisions. The first provision was expanding Health Insurance Coverage. Elements of the regulation included offering coverage to the vast majority of currently uninsured Americans by expanding access to Medicaid to cover all non-elderly individuals below 133 percent of the federal poverty level (FPL), and establishing state-based health insurance exchanges, which will offer Americans a range of private health plan options, with federal tax

The health care system in the United States is one of the greatest concerns facing Americans today and is an issue both moral and economic in nature. Some think the system should stay, for all intents and purposes, the same. They believe that the right to healthcare is a stepping stone toward socialism, and that it is the responsibility of the individual to obtain health care. These are usually the more ideologically conservative citizens and politicians who believe that medicine should remain a free enterprise, not to be constrained by government interference. Then there are those who believe that healthcare is a right, and the federal government has a responsibility to make sure it is available to all citizens, not just those who can afford

Since the initiation of the Affordable Care Act in 2010, Americans have been put back in charge of their individual health care. Under this new law, a health insurance marketplace provides a haven for individuals without insurance to gain coverage. Just this year, citizens found out early whether they qualified for Medicare or the CHIP formally known as the Children’s Health Insurance Program. So much is to be learned about the Affordable Care act and this paper provides the roles of the different governmental branches, along with other important factors associated with this law.