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Topic Liberals Essay

Satisfactory Essays

Topic Liberals
(Katyal & Amar) Conservatives
(Clement & Carvin)
What is the individual mandate? • The mandate states that everyone has to have a certain amount of health insurance.
• 50 million Americans are uninsured due to discrimination of pre-existing conditions. • Everyone should obtain a qualifying health insurance.
• Does not believe this is the only way to accomplish healthcare reform
• States that there were earlier versions of the act that embraced the power of taxation and taxing authority
Are there any limiting principles with this mandate that prevent Congress from imposing one on anything and everything? Explain in the box. • States that there are limiting principles. They believe that at some point in time an individual …show more content…

Maryland – How does the issue of health care connect to the landmark case? • Implies that the business of insurance is within the commerce clause authority. The McCullough vs. Maryland case, centered on the right of congress under the commerce clause authority to mandate the part of 1 individual farmer in the national wheat market. This is very similar to the ACA. • Forcing people into commerce to more effectively regulate commerce is an improper use of the necessary and proper clause

Explain the argument over whether or not this should be considered a tax instead of a penalty fee? • States that the word tax is not blatantly used, however, the word revenue is actually in the individual mandate section as part of title 26 which is the internal revenue code. It is enforced be the IRS. It is revenue positive which make it like a tax in the constitution • Believes that there should be a tax associated with the ACA.
What was the Militia Act of 1792? How does it connect to the healthcare debate? What relevant precedents are cited on each side? • The Militia Acts of 1792 were a pair of statutes enacted by the second United States Congress in 1792 that required all men conscripted into mandatory militia service to acquire a gun, ammunition and related military items at their own expense.
• In support of their stance, they citied McCullough vs. Maryland and Lochner vs. New

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