Saturday, October 15, 2011

Is 'Obamacare' Legal?

The most scandalous part of the Patient Protection and Affordability Care Act (Otherwise known as Obamacare) is the mandate requiring people to buy health insurance or a tax will be imposed. Critics of the PPACA have asserted that Congress does not have the power to make this kind of law. In State of Florida et. al. v. Us Dept. of Health and Human Services, Judge Roger Vinson declared the law unconstitutional on the grounds that the individual mandate to purchase insurance exceeds the authority of Congress to regulate interstate commerce. However, 3 judges have either struck down the cases or declared the mandate constitutional.  Section 8, Clause 1 states:  "The Congress shall have Power To ... and provide for the common Defence and general Welfare of the United States". Dictionary.com says the definition of welfare is "the good fortune, health, happinessprosperity, etc., of person, group, or organizationwell-being". So, under this clause, Congress does have the power to force people to buy health insurance, i.e. providing for the health of the people of the United States. The last clause of Section 8 says: "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." And under the implied powers theory, yes, Congress does have the power to force people to buy health insurance. However, Clause 3 of Section 8 reads: "...To regulate Commerce with foreign Nations, and among the several States".  Since Dictionary.com says the definition of commerce is "an interchange of goods or commodities, especially on alarge scale between different countries (foreign commerce)  or between different parts of the same country(domestic commerce);  trade; business." According to the Commerce Clause, Congress does have the power to make people buy health insurance, because it is regulating business. So, at all 3 clauses we looked at, all 3 give the power to Congress to force people to buy health insurance. So maybe people should read this. 

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