Frederick Thide’s article, “In Search of Limiting Principles: The Eleventh Circuit Invalidates the Individual Mandate in Florida v. U.S. Department of Health and Human Services,” appearing in the Boston College Law Review claims that Congress will be crippled in its “future efforts to set social welfare policy” (Thide 2012, 370) if the Supreme Court affirms the United States Court of Appeals for the Eleventh Circuit’s holding that “Congress exceeded its power under the commerce clause and necessary and proper clause by requiring individuals to purchase health insurance as part of the Patient Protection and Affordable Care Act” (359). In his introduction, Thide (2012) describes the economic conditions of the health insurance market that brought about the need for the Affordable Care Act and presents three main ideas to support his conclusion. As a final point, Thide (2012) warns that rejecting “the view that Congress is the primary arbiter of what is necessary and proper,” (370) under the necessary and proper clause, may “significantly constrain Congress’s power” (359) to develop and implement “novel regulatory schemes that include the use of economic mandates” (371).
After “decades of political wrangling over proposals for universal health care” (Thide 2012, 359), Congress passed the Patient Protection and Affordable Care Act and President Obama signed it into law on March 23, 2010. Thide (2012) calls the act “Congress’s solution to a complex market failure” (360).
This remedy began with the Patient Protection and Affordable Care Act passed by the U.S. senate on December 24, 2009 to then be passed in the U.S. house on March 21, 2010 to be signed into law by President Obama on March 23, 2010 which was upheld by the
The Affordable Care Act (ACA), better known as Obama Care, is just one of many pieces of legislation dealing with health care issues that our country faces. In this paper the discussion of this legislation will focus on the applicability of the legislation and what it means to American citizens. Decisions and pending rulings by the Supreme Court will be discussed and analyzed by constitutional standards and will show the facts of the legislation’s standing as law. Specific constitutional criteria will be utilized is determining the validity of the ACA in conjunction with other federal laws as well as any prohibitions stated within any court rulings and the United States Constitution. The issues of canceled insurance policies, mandates to acquire or retain insurance, and the impact of such on citizens will be addressed in accordance of the previously mentioned criteria. A solution as to how to fix the problem of health care legislation, specifically the ACA, will be offered and substantiated by way of facts and law in order to present a better understanding of the ACA.
The Affordable Care Act (ACA), better known as Obama Care, is just one of many pieces of legislation dealing with health care issues that our country faces. In this paper the discussion of this legislation will focus on the applicability of the legislation and what it means to American citizens. Decisions and pending rulings by the Supreme Court will be discussed and analyzed by constitutional standards and will show the facts of the legislation’s standing as law. Specific constitutional criteria will be utilized is determining the validity of the ACA in conjunction with other federal laws as well as any prohibitions stated within any court rulings and the United States Constitution. The issues of canceled insurance policies, mandates to acquire or retain insurance, and the impact of such on citizens will be addressed in accordance of the previously mentioned criteria. A solution as to how to fix the problem of health care legislation, specifically the ACA, will be offered and substantiated by way of facts and law in order to present a better understanding of the ACA.
The question of whether or not Congress has the power to force people to buy health insurance has been highly advocated by the supporters, and highly scrutinized by the opposition. The constitutionality of the Patient Protection and Affordable Care Act of 2010 has thus been defended on both sides. Advocates argues why it is constitutional by providing reason and benefits of the Act, and the opposition argues why it is not constitutional by providing reason, and stating the drawbacks of the Act. The debate about the Constitutionality of the Act boils down to whether has Congress violated its powers as outlined in Article I of the Constitution.
The Affordable Care Act was signed into law March 23, 2010 by President Barack Obama; however, the constitutionality of the law remained in question. In a controversial 5-to-4 ruling, The U.S. Supreme Court upheld the law on June 28, 2012. The ACA is thought by some as the United States health care rescue, and as its downfall by others.
Healthcare has always been a topic of great interest among the American people. Previous attempts have been made to implement a healthcare system that benefits all Americans; however, the mandate of Medicare and Medicaid in the mid-1960s has been the closest resemblance of universal healthcare system. In March of 2010, the President Barak Obama signed the most significant legislation for the U.S. healthcare system, the Affordable Care Act (ACA) also known as the Obamacare. This law was introduced to improve the quality and affordability for the health insurance industry. This act would also minimize the insurance rates for the uninsured as well as expand coverage. At the passage
The Patient Protection and Affordable Care Act was signed into law by President Barack Obama in March of 2010. This law provides equal access to medical care, lowered health care costs and eliminates denial of coverage of pre-existing conditions to the millions of the uninsured and insured Americans that were without and denied health care coverage. Patients who were denied coverage due to pre-existing conditions can now look forward to relief and great improvement because their illness is covered in the new policy, and care is now provided for them at next to minimal cost (Stehly,
The Patient Protection and Affordable Care Act., a health reform, known as the “Obamacare” was signed into law by formal President Barack Obama on March 23, 2010.
The affordable care act was passed by congress and then signed into law by the President on March 23, 2010. On June 28th 2012 the Supreme Court rendered a final decision on the law. The affordable care act also known as the health care law offers clear choices for consumers and provides new ways to hold insurance companies accountable.
On March 23, 2010, President Obama signed the Affordable Care Act into law, putting in place comprehensive reforms that improve access to affordable health coverage for everyone and to protect consumers from abusive insurance company practices (Whitehouse.gov). President Obama states that the Affordable Care Act is the most important health care legislation enacted in the United
The Patient Protection and Affordable Care Act (Public Law 111-148) was signed into law by President Barack Obama on March 23, 2010. Along with the Health Care and Education Reconciliation Act of 2010 (signed March 30), the Act is a product of the health care reform efforts of the Democratic 111th Congress and the Obama administration. The law includes health-related provisions to take effect over the next four years, including expanding Medicaid eligibility for people
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.
President Barack Obama signed the Affordable Care Act, into law on March 23rd 2010. Congress had tried for decades to pass health care reform, beginning with President Franklin Roosevelt. “Following President Obama’s inauguration, he used Democrat control of both the House of Representatives and the Senate to enact health care reform legislation, and granted the federal government control of over 16% of our nations economy” (Taylor 3). The law states that every American citizen is mandated to purchase health insurance. “If you choose not to obtain Health Insurance by January 2014, you will be penalized $95, or 1% of your income-whichever is greater” (Taylor 5). “The penalty rate for non-compliance will
The Patient Protection and Affordable Care Act (a.k.a. Obamacare) was signed into law by President Barack Obama on March 23, 2010. While the act is directed at addressing one of the country's most pressing problems, it generated much controversy as a consequence of the ethical dilemmas that it brings on. The act provides individuals with a wider range of choices and control over their health coverage. It provides a series of benefits such as people getting lower costs on coverage, several important health benefits being covered in the Marketplace, more help in local areas, and pre-existing conditions being covered. However, it also involves a legislation claiming that most people have to have health coverage by 2014, with those who do not have it having to pay a fee.
On March 23, 2010, President Obama signed the Affordable Care Act into law, putting in place comprehensive reforms that improve access to affordable health coverage for everyone and protect consumers from