Obama Health Care Bill - Essay Example

Constitutionality of the Obama Healthcare Bill The Obama healthcare bill, also known as the patient protection and affordable care act, was promulgated by the United States President Barrack Obama into law on the 23 of March in 2010. It involved reformation of various aspects of both private and public health insurance schemes. The United States senate passed it on December the 24th of 2009, with Congress passing it four months later. However, many States, individuals and organizations have gone to federal court challenging its constitutionality.

Two federal appellate courts have upheld it; a third has declared it unconstitutional and with a fourth court ruling that it could not decide the case until taxpayers pay penalties beginning in 2015. This paper seeks to prove the constitutionality of the bill, which is that it contravenes the Unite States constitution.In his ruling dated December 13th 2010, Judge Henry E. Hudson of Virginia ruled that this particular bill was unconstitutional. He went on to cite the requirement that seeks to make all Americans get insurance as having exceeded the authority to regulate commerce granted to congress by the commerce clause.

In his words, it “would invite unbridled exercise of federal police powers” (Johnson et al 415). This bill is especially confusing since there is no regulation requiring everybody to possess a car, only that they procure insurance as a condition for owning one. The law requires that one obtains health insurance just because this insurance exists (Johnson et al 415). While the law is without doubt well meaning and popular, with insurers putting forward the argument that healthy people taking out these policies would aid those with expensive conditions, some of the other provisions could be severed legally.

As Judge Hudson stated in his ruling, “Neither the Supreme Court nor any federal circuit of appeals have extended commerce powers, which compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market” (Johnson et al 414). The bill tramples on an individual’s right of choice, that is, whether to participate in the scheme or not. While noting its noble intentions, it is also worth noting that the claim on its un-constitutionality has nothing to do with health care but rather on liberty and a right to choose (Johnson et al 416).

Article 1 section 8 clause three of the United States constitution states that “the congress shall have the power to lay and collect taxes, duties and excises …for the common defense and general welfare of the United States; but all Duties, Imposts and excises shall be uniform throughout the United States (Johnson et al 415). The Obama bill has an Individual Responsibility clause that mandates every U.S. citizen to procure health care. Everybody will be required to obtain health care insurance whether they like it or not.

While the people who receive free health care will decrease, it will take money from citizens without them having control over it (Johnson et al 415). This obviously will overstep the mandate given to congress under the commerce clause. The government of the United States cannot make its citizens buy products they do not want to purchase. Judges F. Hull and J.Dubina ruled in August that this mandate exceeds the commerce powers given to congress under Article 1 Section 8 of the constitution (Johnson et al 417).

Mandating a US citizen to purchase health care via a private insurance company for this/her entire life is not, and will never be included when defining commerce regulation. “Obamacare” is thus an unconstitutional piece of legislation that cannot go through in its present form. It contravenes the constitution of the United States, specifically Article 1 section 8. Moreover, the fact that over 26 states together with the 11th circuit of the appeal court believes it is unconstitutional should form part of the basis for the Supreme Court judgment this March, with a decision being rendered in June.

Works CitedJohnson L, Uradnik K. Battleground: Government and Politics. Santa Barbara: ABC-CLIO, 2011. Print