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...

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