There have been divisions on whether the Patient Protection and Affordable Act of 2010 is constitutional. It has been contested with divisions emerging between Democrats and Republicans. There have been…
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s lacked the authority under the Constitution’s Commerce Clause to force Americans to buy health insurance or pay a penalty for the failure (Rourke, 2012, p.3).
According to the proponents of the issue, the mandate modifies the internal Revenue Code and thus constitutes a tax. It, therefore, offers Americans a choice to either purchase health insurance cover or pay a tax equal to the cost of purchasing health insurance. However, people exempted from the tax include the poor, dependents, military personnel, citizens living overseas, or individuals with a religious objection (Bluestein, 2011, p.27). This subsidizes the government’s health care program hence making it cheaper both to the government and health insurance companies as well as to families wishing to buy a health insurance.
However, the introduction of the penalty for those with no health care insurance is unconstitutional since it makes Americans pay taxes. The central issue relates to the Commerce Clause. Congress argues that the Commerce Clause empowers it to compel private citizens not currently involved in commercial activity, to buy insurance from private dealers or pay a penalty to the national government. However, the Congress has no powers through the Commerce Clause to enact laws imposing such penalty (The Editors, 2010, p. 2). By passing the individual mandate and penalty as components of the Patient Protection and Affordable Act of 2010 (PPAA), Congress exceeded the powers granted by the constitution. This is because resolving such a suit remains the role of the federal courts as noted by O Conor in New York v United States (1992). This is the traditional and foundational function of the federal courts (Barnett, Stewart & Gaziano, 2009, p. 1).
However, since no Congress has ever tried to apply the Commercial Clause in the issue of APPA casts great doubt as to whether Congress has the authority to do the same. The Supreme Court in Printz v United States (1997) noted the same; the reality
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. In addition, increasing the cost of health insurance will most likely affect the small businesses as opposed to the large ones that can self-insure and are capable of escaping from the mandates and regulations of the laws.2 The Act also includes income tax increases, where many of those fall under the middle class, and yet, there are about 54 percent of workers employed in private companies that file their taxes as individuals.3 In terms of employer mandate, the Obamacare imposes a fine of $2000 to a company having more than 50 employees and does not provide any health care benefits to its employees; however, the fine could create an enormous financial disadvantage for most of small compani
Republicans campaigned with a promise to repeal president Obama’s health care law enacted on 23rd of March, 2010 that is expected to overhaul the health care system in the United States. These Republicans came to Raleigh to effect changes and began their action on the very first day of the session on January 26, 2011, that very day, the Bill titled Health Care Freedom, was introduced that was meant to overturn in North Carolina the “Obamacare” the famous health care reform by the president Barack Obama.
This rise outweighs the rise in income and is not in line with the current inflation. On average, an American pays close to $7,000 dollars per year in health insurance cost, while a citizen in the next-highest-developed country pays $ 3,000. One would think that the cost is justified by good Medicare given to US citizens but this is not the case.
The Health Insurance company I chose was TRICARE or formally known as CHAMPUS. This is also a part of Medicare programs in a general sense. This program is primarily for military families. It is now available to civilians as well.
One of the major causes for the rise in insurance cost includes the health care concentration. This not only affects the cost of insurance, but also affects the effectiveness and admittance to health care in the country. How/ where do Americans get health insurance?
Contrary to initial practices that saw insurance providers discriminated against individuals with health problems prior to application, Obama care advocates for indiscriminate cover to all persons (Turner). The plan also advocates for compulsory health insurance for all employees paid by their employers.
One of the problems with the American health care system is that it is mostly owned and operated by the private sector. The public sector input into health care covers programs such as Medicare, Medicaid and the Children’s Health Insurance
According to the report the government named the program the SCHIP. The program gets its funding from both the federal government and respective states. The federal government has laid down guidelines on how to run the program. Since the program’s establishment, the federal government had disbursed big money in support of the program.
This means that all the American population should get access to quality healthcare. These reforms also aim at minimizing medical costs while ensuring maximum healthcare sustainability. The reforms, therefore, aim at bringing positive changes into healthcare
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