How does Obamacare violate the Constitution?
United States Department of Health and Human Services declared the law unconstitutional in an action brought by 26 states, on the grounds that the individual mandate to purchase insurance exceeds the authority of Congress to regulate interstate commerce.
What is the significance of the Commerce Clause?
The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.
Does the Commerce Clause apply to healthcare?
Although the Commerce Clause’s text neither explicitly mentions nor even alludes to public health, its interpretation by the U.S. Supreme Court has played a key role in either promoting or hindering efforts to achieve landmark legislation affecting the public’s health.
What are the issues with Affordable Care Act?
The Problem: Affordability The ACA set standards for “affordability,” but millions remain uninsured or underinsured due to high costs, even with subsidies potentially available. High deductibles and increases in consumer cost sharing have chipped away at the affordability of ACA-compliant plans.
What commerce can Congress regulate?
The Commerce Clause of the United States Constitution provides that the Congress shall have the power to regulate interstate and foreign commerce. The plain meaning of this language might indicate a limited power to regulate commercial trade between persons in one state and persons outside of that state.
What clause is Obamacare?
In 2012, the Supreme Court rejected constitutional challenges under the Commerce Clause to the requirement in the Affordable Care Act (“ACA”) that individuals must maintain health insurance coverage.
Does Obamacare overrule the Commerce Clause?
ObamaCare vs. The Commerce Clause. It outlawed the “introduction” or “shipment” of misbranded foods and drugs into the states—but, conspicuously, it did not regulate the manufacture of drugs within the states. The reason was clear enough. Everyone realized that Champion did not overrule E.C. Knight.
Does Congress have the power to regulate interstate commerce?
Holder, which held that the individual mandate—whereby all persons must either purchase health-care insurance or pay a government penalty—falls within the power of Congress to regulate interstate commerce. The political tea-leaves could not be clearer.
Can the Commerce Clause be compressed into a single word?
But the Commerce Clause cannot be compressed into a single word. The clause has to be read in its entirety, which means that at least two other questions are key. First, what is the meaning of commerce?
Is there a difference between commerce among the States and Interstate Commerce?
Judge Silberman lets the cat out of the bag when he notes that “the Framers, in using the term ‘commerce among the states,’ obviously intended to make a distinction between interstate and local commerce, but Supreme Court jurisprudence over the last century has largely eroded that distinction.” It is one thing to point out this unmistakable trend.