The highest court in all of America is the Supreme Court. They decide and uphold the law of the land. The United States Supreme Court rules on many different subjects that come before them. Most cases are either a 9-0 or a 5-4 decision. The case that was brought before the Supreme Court and will be discussed in this paper is the case on the Affordable Care Act (ACA). This is a historic verdict because the ACA is the first ever universal health care plan in America’s history. The verdict is a 5-4 decision that is for the ACA. The United States Supreme Court ruling on The Affordable Care Act, which gives Congress the right to “tax” individuals that do not participate in their own health insurance is the right ruling because affordable health insurance coverage for those that need it the most would not be possible without it.
Supreme Court Case 11-393 is a historic case that changed the healthcare system in America by allowing Congress to mandate participation through an individual tax. The Supreme Court Case “concerns constitutional challenges to two key provisions” of the ACA “commonly referred to as the individual mandate and the Medicaid expansion” (Roberts.7). These two provisions are key to the healthcare reform, and are the most controversial provisions in the ACA plan. This case came about when “the plaintiffs alleged, among other things, that the individual mandate provisions of the Act exceeded Congress’s constitutional power to enact the individual mandate” (8). The
The Affordable Care Act (ACA) has been a topic of dispute since its introduction and continues to be discussed by politicians in the U.S. and throughout the world even after its passage. The Act has many opponents and is the cause of much controversy nationwide, primarily because it introduces higher healthcare costs for the richest citizens. Nevertheless, the ACA is an important stage in the American healthcare development process as it not only allows more people to receive healthcare services, but will also reduce the deficit. However, not everyone agrees. The policy is controversial in terms of cost vs. benefits, but the benefits ultimately outweigh the costs.
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.
The Affordable Care Act (Obamacare) is a healthcare program created by president Obama’s administration. The goal of the Affordable Care Act is to make sure every United States citizen has health insurance. The Affordable Care Act provides “affordable” health insurance plans to citizens that do not have any and make about $15,000 a year. While the idea of providing health insurance to the millions of American’s that cannot afford it is great, everything comes at a cost. According to Emily Miller, Obamacare is causing people’s health insurance premiums to rise by around 1 to 9 percent (Miller 15-15). Not only are insurance premiums rising, but ever since the Supreme Court declared the Affordable Care Act constitutional approximately 20 tax hikes have been approved (Battersby). All the aforementioned reasons are helping pay for Obamacare. Although providing health insurance for people that cannot afford it is important, the Affordable Care Act should be revoked because it will hurt the economy.
On March 23, 2010, the Affordable care act also known as “obamacare” was signed into law by president Barrack Obama. Only gay marriage legislations and gun laws have elicited more public response than the affordable care act. Both opponents and proponents have presented constructive arguments of the perceived failures and strengths of the act. Owing to the intense debate surrounding the act, very few people understand that the act only came into full implementation in 2014. The raving reviews and critiques of the debate have bordered on myths and perception influenced by political alignments. Pertinent questions have been asked about the affordable care act. There have been conflicting accounts on the role of the affordable care act in regulating the health insurance industry. Concerns have been raised on why patients are paying higher out of pocket expenses yet the affordable care act was meant to introduce checks and balance in healthcare provisions. This paper therefore seeks to deeply explore the affordable care act by researching on these questions. The paper will also demonstrate perspectives on the good and the bad that comes from the affordable care act. Lastly, the paper will analyze healthcare situation in New York City with statistics showing that healthcare services are becoming more expensive in the city even after the full implementation of the affordable care act.
The affordable care act (ACA) or the Obama health care reform has been a topic of great concern in today’s health care. In March 23rd 2010 President Obama signed the health care legistration (Obama Care) into law. The passage of the law affected different many issues in the lives of Americans. Socially, it was a great law due to the facts that individuals that cannot afford health care would have access to health care regardless of preexisting conditions and young adults benefits in staying longer under their parents insurance until age 26. Hence, economically, depending on the side of the table the individual chooses (republican or Democrat) there will be an increase in national debt because more people will be eligible for Medicaid (The National Committee to Preserve Social Security & Medicare, 2012). According to Root (2012) the so-called Obama health care reform will be a tax imposed on the citizens of the United States, because it obliges people to actually buy insurance provided by the government, which is in a big violation of the commerce clause or the individual mandate threatens the foundation of contract law. American contract law rest on the principle of mutual assent. For example, if I hold a gun to your head and force you to sign a contract, no court of law will honor that document since I coerced you into signing it. Mutual assent must be present in order for a contract to be valid and binding (Markham, 2002).
There are many laws in the United States of America, but there is one law that is especially important, as it causes a lot of controversy, and politicians not in favor are trying to shut it down. In the 2016 election, the candidates have different opinions on it, and they argue about it a numerous amount of times. It is one of the main issues of the debates. The law has caused both benefits and problems for citizens of the USA. Some citizens of America have violently protested against the ACA, while some citizens lives depend on it. This law is called the Affordable Care Act, signed in 2010, and I strongly believe that it is a good law.
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
One of our nation’s most controversial topics since the year 2009, and still continues to affect our country, is the Patient Protection and Affordable Care Act (ACA) also known as Obamacare. The Affordable Care Act was passed by Congress and signed into law by President Barack Obama on March 23, 2010. The Law was designed to extend coverage to millions of uninsured Americans and protect patients from abuse or discrimination. The Affordable Care Act affects, all Americans, either in a positive or negative way. It is an issue that has come to separated our congress, it has divided the republican and democratic parties, to the point where the Government was shut down.
Ever since Barack Obama signed the Affordable Care Act (Obamacare) into law in 2010, it has been met by criticism from many people from many different ideologies. Although the law held promise for allowing all individuals to afford healthcare and all of its benefits, that is not to say it does not have its downsides. Since passing, both the conservative and democratic parties have found reasons to dislike the law. This essay will include a description of the law itself, criticisms from the two parties, and a personal reading into the Affordable Care Act and the potential it has at actually making a positive impact on the American health care industry.
In 2012 the Supreme Court resolved a case where Florida sued the Federal Government over the constitutionality of the Affordable Care Act. Florida believed the Federal Government had overstepped its allocated powers granted to it by the constitution. Specifically article 1, section 8, known as the Spending Clause, which gave the government the power to grant money to the states and tell the states what to do with said money (Jefferson, 1787, p. 25). Florida’s issue arose in the fact that the Affordable Care Act provided no additional funding and the government has no right to tell the states how to spend their own wealth.
The primary social problem that the Affordable Care Act (ACA) was enacted to address was for everyone to have insurance. The goal was to make insurance accessible to everyone and decrease the number of people without health insurance. The most important provisions of the law were preventive care, birth control, and prohibit exclusion of an individual with preexisting conditions, and Medicaid expansion. They addressed these problems by covering all well visits, making birth control free, allowing people with preexisting conditions get the help they need, and expanding Medicaid for the childless adults that are poor. According to Sanger-Katz and Bui (2016), the uninsured rate has gone down but there have been some difficulties with the Medicaid
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, more commonly referred to as the ACA or Obamacare, is a topic of great controversy amongst Americans. The ACA has made changes in every aspect of health care in one fell swoop. Insurers, health care providers, medical equipment suppliers, small businesses and the insured people of America were all affected by the passing of this act. With these changes there are many new advantages to health care that are for the common good. For example, Obamacare has made it so that pre-existing conditions can no longer be turned away from insurance companies, contraception is free, preventative care screenings come at no cost to the insured no matter the insurance plan, and there is a cap to
On March 23, 2010 the Patient Protection and Affordable Care Act was signed by President Obama, raising the question for many of whether this new law was going to be more helpful or hurtful. With universal healthcare, healthcare coverage would be increased tremendously, costs would be reduced, jobs would be created, and consumers would be protected. Conversely, it will also raise taxes and wait times, lead to a smaller number of doctors, and infringe on some employers’ 1st amendment rights. Presenting both arguments for and against the Patient Protection and Affordable Care Act allows one to draw a conclusion on whether the new program will benefit or hinder the citizens of the United States.