This website uses cookies to ensure you have the best experience. Learn more

Stretching The Commerce Clause Essay

868 words - 3 pages

State of Florida, South Carolina, Nebraska, Texas, Utah, Louisiana, Alabama, Colorado, Pennsylvania, Washington, Idaho, South Dakota, Indiana, North Dakota, Mississippi, Arizona, Nevada, Georgia, Alaska, Ohio, Kansas, Wyoming, Wisconsin, Maine, Iowa, and the National Federation Of Independent Business, Et Al.. Now that I have your attention; do you know what all these states and NFIB have in common? They are involved in a lawsuit against the United States Department of Health and Human Services, Secretary of the United States Department of Health and Human Services, United States Department of the Treasury, Secretary of the United States Department of Treasury, United States Department of Labor, and Secretary of the United States Department of Labor. Why? You might ask? Obama Care of course or to be properly stated The Patient Protection and Affordable Care Act. These 26 states, 2 individuals and the NFIB are collectively alleging that “the Act is invalid in its entirety because four of its five core provisions exceed Congress‘s constitutional authority, and none is severable from the rest of the Act.” The plaintiffs in this case are seeking relief stating that this Act, that requires all United States citizens to maintain health insurance, is by far stretching the limits of the Commerce Clause and the pushing the Constitutional powers beyond their breaking point; for this is the first time in history Congress has set a condition of living in the United States. The Act is a 2700 page document that two pages cannot be summarized so we will continue to exam this case and the Constitutional issues involved. There are six counts in all, starting with count one.
COUNT ONE
UNCONSTITUTIONAL MANDATE THAT ALL INVIDUALS HAVE HEALTH CARE INSURANCE COVERAGE OR PAY A PENALTY
(Const. art. I & amend. IX, X)
In count one the plaintiffs allege this Act takes away the general police power the Constitution gives to the States not the federal government. The Act itself infringes on the states sovereign interest and their sovereign ability to be able to allow their residents to manage their healthcare needs without government influence or interference. By mandating such a health insurance program or scheme is in violation of the Ninth and Tenth Amendments, the constitutional principles of Federalism, and dual sovereignty on which we base our foundation. By forcing individuals to have health insurance the Act is exceeding Article 1 of the Constitution and Congress’s limited enumerated powers.
COUNT TWO
UNCONSTITUTIONAL MANDATE THAT ALL INDIVIDUALS HAVE HEALTHCARE INSURANCE COVERAGE OR PAY A PENALTY
(Const. amend. V)
Regardless whether you want or need healthcare coverage you will obtain and maintain an approved healthcare plan or pay a penalty. This is a violation of...

Find Another Essay On Stretching The Commerce Clause

Does Congress Have Too Much Power Over Commerce?

2338 words - 9 pages Does Congress Have Too Much Power Over Commerce? Works Cited Missing Narrow construction is not found in the Constitution, but the powers granted to Congress to regulate commerce are found. Exactly stated, “Congress shall have power to regulate commerce with foreign nations, and among the several States, and with the Indian tribes.” This clause has no definite interpretation, but has included many aspects of regulating. The word “commerce

the truly revolutionary Essay

1132 words - 5 pages the court finds that the congress is wrong about certain commerce issues, they wouldn’t have a answer right away; the court really didn’t have anything in mind to punish the congress in case. Thus meaning congress after Wickard had more control of the commerce clause, almost without court restrictions, and that they pretty much had undeniable power to regulate anything they felt was commerce, for Wickard case decided that anything that can be

Gun Show

1593 words - 7 pages Article 1, Section 8, clause 3; which states, “The Congress shall have the Power…To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes…” Although Congress possess the enumerated powers, under the Constitution, to pass legislation in regards to the sale and/or transaction of a firearm from a FFL; the question of whether or not Congress has the power to regulate the transaction and/or sale of a firearm

Same-Sex Discrimination

1713 words - 7 pages claiming that the there is no activity regulated that can be argued under the Commerce Clause. Justice Breyer's dissent points out the "mountain of data showing the effects of violence against women on interstate commerce" and that the court should defer to Congress. Gonzalez (2005) supports Congress's Commerce Clause powers by finding the Controlled Substances Act constitutional and Justice Steven's opinion stated that Congress had the power to

Federalism Paper

1695 words - 7 pages interpretation is contingent on at least 3 factors: who is president, who is in the government, and what prevailing mores of the people are. Most exemplary of changes in the meaning Federalism in our days are the Commerce Clause or the Supremacy Clause, which have been used to dramatically expand the scope of federal power. The Commerce Clause provided congress with “the power to regulate commerce between foreign Nations, among the several States, and with

Implied Powers of Congress

1144 words - 5 pages overrule laws imposed at the state level. This ruling has had a profound impact on the face of our government and the ability of Congress, under the necessary and proper clause, to enforce it's constitutional power without state interference. Another significant and controversial power outlined in the Constitution is the Commerce clause. The commerce clause is the power of Congress “to regulate Commerce with foreign Nations, and among the

U.S. Constitution Assignment

837 words - 4 pages Armed Forces, The Militia, How the Militia Is Organized, Creation of the District of Columbia, The Elastic Clause (otherwise known as the Necessary and Proper Clause). The most of the powers granted to the legislative branch can be affected by one of the following two clauses: The Elastic Clause (also known as the necessary and proper clause) or the commerce clause. The necessary and proper (elastic) clause allows the legislative branch to

New Deal Or Not New Deal

1135 words - 5 pages York, then the United States Congress would have had the power to control aspects of the business under the Commerce Clause. It also stated that since the business was thus intrastate, the NIRA could not set any kinds of labor restrictions or requirements on the company.         While these cases seem to support my idea, I was struck by the differing decisions in other cases that seemed to be on the same track as the above cases. These

Role of the United States Constitution and Business Regulation

736 words - 3 pages University of PhoenixThe role of the United States Constitution in business falls under Article I, Clause 3, Commerce Power, Power to Regulate Commerce. The role will be discussed in this paper along with a current example from today's world. The example will show how Constitutional rights can affect business and how our legal system will be used to protect those rights.The Commerce ClauseCongress has the sole power to govern commerce or

The American Constitution and Drug War

2069 words - 8 pages United States did with regards to alcohol prohibition. (cite) Typical objections to the claim that the federal government only has the powers given are the Supremacy Clause, the General Welfare Clause, the Necessary and Proper Clause, and the Commerce Clause. These four clauses have been very controversial to say the least. Scholars and polemicist’s have debated the meaning and understanding of these clauses since the outset of the

Landmark Supreme Court Cases

1789 words - 8 pages London facility and the Fort Trumbull area was never developed and now stands empty except for the debris dumped there following the cleanup from Hurricane Sandy. United States v. Lopez is a case heard before the Supreme Court involving the constitutionality of a Congressional act under the Commerce Clause. Alphonso Lopez, Jr. was a high school senior in San Antonio, Texas when he was caught in possession of a concealed handgun at school. The

Similar Essays

Effects Of The Commerce Clause Essay

617 words - 3 pages Without the Commerce Clause, trade between states would be greatly impeded. The Commerce Clause allows for the elimination of interstate trade barriers and thwarts in-state biases, which in turn encourages free trade between states. States still have limited power to regulate intrastate commerce provided the regulations meet a “balancing test,” but the federal Commerce Clause takes precedence over state regulations. Christians are expected to

Anti Rape Legislation And The Commerce Clause

1262 words - 5 pages The issue at stake is whether the rape of a female student by two male athletes (who have confessed to committing the crime) at the Virginia Polytechnical Institute in the year 2000 was a violation of a law passed via the Commerce Clause. A Federal law had been passed (43 U.S.C. 13981) which allowed victims of “gender motivated violence” (such as this student) to seek damages in a civil action through Federal court. The victim has since filed

The Commerce Clause: An Expansion Of Federal Power

1688 words - 7 pages common direction in that as in all other matters.” -Alexander Hamilton arguing the importance of the Commerce Clause in Continentalist No.5 A key hallmark of the Constitution was the Commerce Clause, included in Section 8 of Article One; specifically the section giving the federal government the power to regulate interstate commerce. The Commerce Clause’s inclusion in the Constitution has had significant impact on the federal government’s

The Interstate Commerce Clause: How The Supreme Court Interpreted It Over

2446 words - 10 pages Commerce Clause? "The Congress shall have the power to ... regulate commerce with foreign nations and among the several States and with the Indian Tribes" (Burke). As important as those powers are, that is a stretch from what the "Framers" had mind. The States were to have majority of legislative power and the powers of the Federal Government, "were to be limited, not general" (Reynolds, 3)."Congress shall have the power to regulate commerce