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The Health Care Dilemma - Essay Example

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On March 23, 2010, the Patient Protection and Affordable Care Act or more popularly known as Obamacare was signed by President Barack Obama into law. The healthcare reform was a centerpiece policy of his administration and was vigorously pursued in the first year of his term. …
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The Health Care Dilemma
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Download file to see previous pages Essentially, it nationalized health care, reformed the American private health insurance sector and will work to provide universal coverage for all Americans through the “individual mandate” concept, which rules all Americans to buy insurance otherwise they will face a fine. This federal legislation is a flawed policy that needs to be repealed or amended, at the least. The fact is that it is unconstitutional, un-American and half-baked piece of legislation that has been passed in order to save President’s Obama’s face in his drive to deliver an election campaign promise.
Un-American
Universal coverage or the mandate for everyone to buy insurance is against American values. The United States has thrived and prospered through the freedom by which its enterprises and its citizens conducted their affairs. With the nationalized health care, the government would be encroaching on the rights of individuals to choose and decide what is best for themselves. In addition, the government is taking more responsibility for welfare than what is necessary. The country has trudged on and has actually grown in the past decades, with the government taking a laissez faire attitude and giving free rein to enterprises and nurturing capitalism. The nationalized health care law is pandering to the people through its mantra of social justice but the fact is that it is against the American ethos that defines poverty and how individuals are responsible for their own fates. Elaborate welfare systems such as the Obamacare, are inherently misguided because, instead of the social justice or addressing inequality, they are more prone to breed social ills simply by promoting the rejection of individual responsibility. Obamacare is against the American individualism and liberal policies that has worked for the American experience and the country to its current economic status and to sacrifice it just to satisfy some presidential rhetoric is tantamount to eroding the American economic fabric and social fabrics. Constitutional Question The Obama administration, with all its policies that advances welfare and big government is ensuring an American transition towards socialism. This development cannot proceed without sacrificing certain of civil liberties. This is already being demonstrated in the nationalized health care. The legislature has taken upon itself sweeping powers in order to curtail certain constitutional rights in order to pass the Obamacare legislation. With the law, the federal government is, in effect, forcing Americans to qualify under health coverage requirements, threatening them with punishments in the process. For many legal experts, this is unconstitutional. The state of Virginia, for instance, has already filed a lawsuit against the healthcare law, arguing that there is a legal precedence outlawing such an act. Particularly, it stated: Regulation of non-economic activity under the Commerce Clause is possible only through the Necessary and Proper Clause... The Necessary and Proper Clause confers supplemental authority only when the means adopted to accomplish an enumerated power are 'appropriate', are 'plainly adapted to that end', and are 'consistent with the letter and spirit of the constitution.' Requiring citizen-to-citizen subsidy or redistribution is contrary to the foundational assumptions of the constitutional compact (5-6). The above ruling explicitly cites how the nationalized health care is unconstitutional by virtue of its mandatory redistribution of service and wealth with the subsidy to the entire ...Download file to see next pagesRead More
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