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Health care - Essay Example

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Name Instructor Course Date The Affordable Health Care Act Since the enactment of the Affordable Health Care Act, debate has shifted from the arguments in support or in opposition of the act. Given that it is inevitable, the law will come into effect in the year 2014, debate has shifted to the constitutionality of the act…
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Download file to see previous pages... The judge declared parts of Affordable Health Care Act inconsistent with the intentions of the constitution which guarantees all citizens the right to choose, therefore, according to the judge, the act was unconstitutional. In his ruling, Federal Judge Henry Hudson hinged his judgment on whether the government the mandate to force every individual citizen to purchase health insurance. Based on this opinion, the federal judge rejected the government's argument that to purchase health insurance was a form of tax. The judge noted that in putting in place the Affordable Health Care Act, the act’s regulatory scheme was conceived as an application of Commerce Clause powers. The federal judge rejected any attempt to stretch the Commerce Clause in order to allow the government mandate the insurance purchases, claiming that such a move would open the gate to unrestrained federal power. For the federal government’s penalty due to noncompliance to be effective under the law, the judge opines that it must aim to affect a legitimate exercise of the Commerce Clause. Further, Federal Judge Henry Hudson sees the Affordable Health Care Act being about more that the issue of designing a scheme of universal health insurance coverage or regulation of insurance business. According to the judge, the core of the matter is an individual's right to choose to take part in the scheme. Support his stand, the federal judge notes that the Constitution had given congress specific powers. Therefore, the judge claims that power that the constitution does not give the federal government is reserved to the states while those not outlawed are reserved to the citizens. Even as Federal Judge Henry Hudson declared the Affordable Health Care Act unconstitutional, Judge George Caram Steeh found the act constitutional in the ruling of the Thomas More Law Center v. Obama case in which the judge gave an order denying plaintiff’s motion. In his opinion, Judge Steeh noted that a refusal to get insurance amounted to an example of an activity that affect interstate commerce to a large extend. According to the judge, those who selects not to get insurance cover have in effect, made an active decision to pay for their medical expenses from their pockets. This decision, the judge added, had an impact on taxpayers, health care providers, and the insured citizens who will have to foot the bill for those who do not take insurance cover. Further, Judge Steeh claim although the matter on constitutionality of the Affordable Health Care Act presented an issue of first impression, there was a rational ground to make conclusions that decisions not to take insurance cover increased the cost of coverage, therefore affecting interstate commerce. From the point of views presented by Federal Judge Henry Hudson and judge Steeh, it is my opinion that Federal Judge Henry Hudson presents a better argument. The government should recognize its citizen’s right of choice. To penalize those that do not take the insurance cover is paramount to dictating to them the kind of medicine they should take when they get sick. People have the right to decide the kind of treatment they need and at what time. Although it is a noble effort that would guarantee medical service to many deserving citizens, the federal government, through the Affordable Health Care Act has no legal right to force citizens to take medical cover. If the ...Download file to see next pagesRead More
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