Renwanz Insurance & Financial Solutions, Carlsbad, CA
At issue was whether the government had the power to mandate individual citizens to purchase healthcare coverage and was this a proper exercise of Congress' Commerce Clause authority.
Some lower courts did rule that parts of the 2010 Affordable Care Act was unconstitutional (see ruling by Judge Henry Hudson on 12/13/10 in Virginia; US District Judge Robert Vinson in Pensacola, Florida on 1/31/11; the 11th Circuit US Court of Appeals in Atlanta also ruled against the "individual mandate" section on 8/12/11).
Other courts ruled the Affordable Care Act was constitutional (see Judge George Steeh in US District Court for the Eastern District of Michigan on 10/7/10; 6th Circuit Court ruling in Cincinnati, Ohio on 6/30/11)
The strategic framing of the argument seemed to be critical in each case. As court cases go, the US Supreme Court gets the final word.
On June 28, 2012, the US Supreme Court ruled by a 5-4 margin, that the "individual mandate" was a tax that Congress could impose on Americans. That ruling turned back a claim that challenged the provision's constitutionally for allegedly violating the Commerce Clause.
The argument being made for the Affordable Care Act (ObamaCare) being unconstitutional essentially boils down to whether the United States Constitution gives the Federal Government the legal authority to compel citizens to purchase a product or service. The powers of what the Federal Government can do are (supposedly) strictly defined in the U.S. constitution with all other powers not granted to the Federal Government being granted to the individual states. There is also the issue of whether the Federal Government under its authority to regulate interstate commerce can coerce a citizen into engaging in an economic activity within the confines of their own state. This is where the argument regarding the "individual mandate" comes into play. Can the Federal Government penalize someone for not engaging in an economic activity, in this case refusing to purchase health insurance?
I would refer you to the United States Constitution (It's a surprisingly short read) to make your own judgment as to whether the Affordable Care Act (ObamaCare) is in compliance with our government's owner's manual.
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Some lower courts did rule that parts of the 2010 Affordable Care Act was unconstitutional (see ruling by Judge Henry Hudson on 12/13/10 in Virginia; US District Judge Robert Vinson in Pensacola, Florida on 1/31/11; the 11th Circuit US Court of Appeals in Atlanta also ruled against the "individual mandate" section on 8/12/11).
Other courts ruled the Affordable Care Act was constitutional (see Judge George Steeh in US District Court for the Eastern District of Michigan on 10/7/10; 6th Circuit Court ruling in Cincinnati, Ohio on 6/30/11)
The strategic framing of the argument seemed to be critical in each case. As court cases go, the US Supreme Court gets the final word.
On June 28, 2012, the US Supreme Court ruled by a 5-4 margin, that the "individual mandate" was a tax that Congress could impose on Americans. That ruling turned back a claim that challenged the provision's constitutionally for allegedly violating the Commerce Clause.
I would refer you to the United States Constitution (It's a surprisingly short read) to make your own judgment as to whether the Affordable Care Act (ObamaCare) is in compliance with our government's owner's manual.