What Is The Biggest Controversy Of The Health Care Bill?
The latest opinion polls consistently demonstrate that over 60% of the American public does not approve of the recent Health Care Bill that was passed by Congress. Many legal scholars have indicated that they have serious doubts of the constitutionality of the bill. These legal beagles base their opinions on two points of contention: The 10th Amendment and the ‘Commerce clause’.
The Tenth Amendment
The Tenth amendment to the constitution clearly states “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Opponents of the Health Care Bill claim that the Federal Government does not have the authority to require the purchase of health care. This is a regulation function of each state. About half of the state’s Attorneys General have joined in a lawsuit (which will ultimately be heard by the Supreme Court) claiming this bill in unconstitutional. Many state legislatures are passing laws exempting their state from complying with the Health Care Bill, claiming states rights under the 10th Amendment.
The Commerce Clause
The Commerce Clause is an enumerated power listed in the Constitution. The clause states that the US congress shall have power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”. Opponents claim that the requirement to purchase Healthcare insurance in unconstitutional under the commerce clause because no interstate commerce takes place. If insurance is bought within the borders of a state by a state resident, then no ‘Interstate’ commerce occurs and the Federal government has no jurisdiction. The opponents further claim that there is no precedent for government to fine citizens for commercial inactivity. They claim that the government cannot fine its citizens for not engaging in economic activity as the Health Care Bill requires.
Biggest Controversy of the Health Care Bill?
While, there are many opponents to the Health Care Bill from political forces on both sides of the aisle, this opposition may not matter in the long run if the bill is considered unconstitutional. The fact that this issue will be ultimately decided but the Supreme would indicate the significance of these points of constitutionality of the bill.
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3 Responses to “What Is The Biggest Controversy Of The Health Care Bill?”
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