The Debate Over the Constitutionality of the Affordable Care Act

Health care has been a controversial topic of discussion for all Americans since it was put in effect many years ago. Currently the biggest debate of Healthcare up to date is Obama’s Patient Protection and Affordable Care Act, also known as Obamacare, is a Health care Reform that is a governmental attempt to make basic health care easily obtainable. However, there are no benefits without cost in situations like this, and upon that are different viewpoints on the subject thus creating political debates discussing if it is ethically correct. The overall goal that Obamacare hopes to accomplish is that through specific changes through insurance companies, industry standards, and patient guarantees a healthier America will be produced. Obamacare has its ups and downs for both the generally agreeing democratic viewpoints and the opposing republican side. Both viewpoints have their own beliefs about how Health care works and Obamacare is somewhat in between on this. Most arguments on Obamacare deal with Medicaid being constitutional and if Obamacare truly reduces the total cost of health care for individuals and in the government.

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.

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.

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 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.

As stated previously, the main opposition behind Obamacare is whether or not it is constitutional. The basis for its disapproval is in regards to how Obama and the federal government misuse the commerce clause, Article 1 Section 8 of the constitution, as a basis for constitutionality. According to Joe Wolverton, the commerce clause acts as a grant of authority to Congress to “regulate commerce with foreign nations, and among the several states.” Using the commerce clause to allow for the passage of the act shows that “legislative nor executive branch of the national government is bothered by constitutional restrictions on their

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).

Swendiman, K. (2012). Health care: Constitutional rights and legislative powers. Congressional Research Service. Retrieved from

After the inception of ACA that is Affordable Care Act on March 23, 2010 various policies and regulations has been proposed which has more controversy (www.healthcapital.com, 2013). Affordable health act has impact on the stakeholders in different manner. The main concern in the medical field is the input cost which is increasing continuously. This is the biggest challenge for the US government as the increasing cost makes it impossible for the government to allocate appropriate resources in managing the requirements of the ACA public policy. There are more initiatives taken by the US government in implementing the ACA in an appropriate manner by continuously improving the quality of health care at affordable lower costs

To what extent should the Affordable Care Act “Obama Care”, be the responsibility of the Federal government, and not the burden of the state under the guidelines of Federalism?

In the first assignment, the paper discussed a major topic in Health Care Reform. Patient Protection and Affordable Care Act (PPACA) of 2010, that was signed into the legislature by President Barack Obama, a Democratic representative. The article expounded on the challenges with implementing the PPACA, the policy modification that had positive and negative impacts on the use of the Affordable Care Act (ACA), and finally the use of the constitution to achieve the goals necessary to please Congress.

The debate regarding government involvement in the health care industry often centers on issues such as quality and cost of care versus the lack of care for the millions who fail to qualify for government assistance, are turned away by private insurance due to chronic illness or other factors, or who work for employers who do not provide health insurance and cannot afford to purchase it alone. To help with this President Obama signed the Affordable Care Act (ACA) in March 2010 to help ensure that all Americans were able to obtain some form of health care insurance (The Affordable, n.d.). The ACA requires private businesses to offer health insurance to employees or to pay a tax that will then be used by the government to create a pool for Americans who are uninsured to be able to purchase health insurance at an affordable rate (The Affordable, n.d.). Because ACA also requires individuals to purchase many states have filed cases asking courts to declare the ACA unconstitutional. While this issue has not yet been decided, the role of government in the health care industry is likely to change in the coming decades.

Body paragraph 1: One issue that's been debated throughout the 2016 election is healthcare. More specifically Obamacare and Medicare. I agree with Hillary's plan of action; to expand Medicare and uphold Obamacare. She says that “healthcare should be affordable and available in each state.” (Procon.com) Meanwhile Donald Trump’s stance on this issue is that he thinks that Obamacare is a disaster and that it should be demolished. He thinks that it's way too much money and that the lower class citizens aren't able to afford it. Another issue that's come up involving healthcare is the amount of money spent on pharmaceutical drugs. Medicine for high cholesterol is so pricey that it's being debated whether or not we should even have it. $4.6 million

Obamacare may be one of the most debatable topics at the moment ever since 2010. For those who are still confused on what Obamacare is and how it works is understandable and common amongst Americans. Obamacare is also known as the Affordable Care Act. It can be summed up as a law that ensures every American has access to health insurance that is affordable and within their budget. This is done by offering people discounts on government-sponsored health insurance plans, and by expanding the Medicaid assistance program so they include more people who can’t afford health care. In order for someone to qualify for Obamacare they must have an insurance plan that covers at least ten essential services that pertain

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.