The Debate Over the Constitutionality of the Affordable Care Act

Decent Essays

Essay 3 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. 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

Get Access