Introduction There truly is a legal challenge in regards to the Patient Protection and Affordable Act, which is commonly known as Obamacare, this type of great case usually comes along once a generation. The reason that this was a great case was simply because it reconsidered so many different aspects of our first principals of our constitution which was the fundamental relationships between both the citizens as well as the government, and the fundamental relationships that was between both the states as well as the federal government.
The judiciary role in regards to saying what the law truly is along with checking the political branches, the scope, and the limits to the tree different branch powers. That is why this great case was never about the state of health care in America or even how to make the troubled areas in regards to this public policy better. This great case was about the way to read our nation’s basic law and was Congress constitutionally authorized to utilize that it choose to utilize in regards to this particular instance.
The United States federal statue which was signed into law by President Obama on March 23, 2010 is the Patient Protection and Affordable Care Act which is commonly known as Obamacare. “Together with the Healthcare and Education Reconciliation Act, it represents the most significant government expansion and regulatory overhaul of the U. S. healthcare system since the passage of Medicare and Medicaid”(Ilya Fall 2012 p. 22). This act aims at raising the rate of coverage in regards to health insurance for Americans, and decreasing the cost of healthcare overall.
It also gives different mechanisms, such as including mandates, subsidies , along with tax credits for employees and people to increase the rates of coverage. “There is additional reforms that aim to improve healthcare outcomes, streamline the delivery of health care, and the PPACA also requires insurance companies to cover all applicants and offer the same rates regardless of sex or pre-existing conditions”(Ilya Fall 2012 p. 23). It was projected by the Congressional Budget Office that both the future as well as the Medicare spending would decrease .
In regards to the Commerce clause which gives to Congress the power and the ability to regulate interstate commerce. The Court decided that there is no way that Congress can urge activities or construct commerce in order to regulate it. “The Court distinguished Obamacare’s requirement to buy health insurance from previous cases where there was already some sort of existing economic activity that the federal government then either regulated or prohibited”(Souter Sep 2012 p. 54).
The decision from the court was striking simply because the Necessary and Proper clause is truly tied into the Commerce Clause power in regards to the substantial effects doctrine. Congress has seventeen powers such as raising armies, regulating interstate commerce, and coining money. “The eighteenth clause says that Congress can also enact laws that are necessary and proper for carrying into Execution the foregoing powers, Simply relying on those provisions the government felt that it was a necessity for the functioning of a larger health care scheme”.
(Souter Sep 2012 p. 55). There provisions in regards to this act which will take effect throughout the next several years starting in 2010 is as follows: There truly is a grandfather clause on each and every policy that was issued prior to which would exempt them from a lot of these provisions. Guaranteed issue simply means that regardless of the medical condition policies still have to be issued and rates have to be the same as the other individuals in the same age, gender, without considering pre-existing conditions.
There is also an individual mandate that is simply a shared responsibility which makes each and every person that is not covered by a job, Medicaid, Medicare, or a sponsored health plan must obtain a private policy for face paying penalties and fines. “Health insurance exchange will commence operation in each state, offering a marketplace where individuals and small businesses can compare policies, premiums, and buy insurance”(Friedman Oct 2012 p. 88). Since effectiveness is the capability of producing a desired result, or it has an expected outcome.
The pros of Obamacare effectiveness is as follows: “Under Obamacare, the federal government offers states a lot of money to expand their Medicaid program”(Mongruet Sept 2012 p. 60). The Cons to Obamacare effectiveness is that the states truly do have to increase the amount of individuals that is covered by Medicaid , and construct new regulatory structures. “Since federalism is simply a governmental system whereby power and authority are shared by national and state government with ultimate authority derived from the people”(Levin-Waldman 2011 p. 3. 4).
The people against this PPACA Act have even went to the federal courts to challenge the constitutionality in regards to the legislation. “The pros is that The Supreme Court upheld this individual mandate on the basis that it is a tax rather than protection under the Commerce Clause”(Mongruet Sept 2012 p. 61). The con is that the states could not be forced to participate in the expansion of Medicaid. Conclusion This type of great case usually comes along once in a lifetime, this great Patient Protection Affordable Act which is commonly known as Obamacare is truly a legal challenge.
This great case is great simply because it reconsidered so many different approaches in regards to our first principals of our constitution such as both the fundamental relationships between citizens as well as the government, and the fundamental relationships that was that was both between the states as well as the federal government. The judiciary crucial role in regards to saying what exactly the law is and with limits to the three different branches, checking the political branches, the scope, and the limits. This case was not about the state that the health care of America is in or how to fix the troubled areas of public policy.
This great case was about the way to read our nation’s basic law and was Congress constitutionally authorized to utilize that it choose to utilize in regards to this particular instance. References Friedman, Barry. (Oct 2012). Obamacare and the Corp: Handing Health Policy Back to the People. Foreign Affairs. Vol91, Issue 5, p. 87-98. Retrieved from http://web. ebscohost. com. proxy. library. ashford. edu/ehost/detail? vid=83 Ilya, Shapirol. (Fall 2012). Like Eastwood Talking To A Chair: The Good The Bad and The Ugly of Obamacare Ruling. Texas Review & Law. Vol. 17, Issue 1,m p. 20-23. Retrieved from http://web. ebscohost. com. proxy-library.
ashford. edu/pdf viewer Mongruet, AR(Sept 2012). Understanding the Failures of Health Care and Exceptionalism in the Supreme Courts Obamacare Decision. Chest. Vol 143, Issue 3, p. 59-62. Retrieved from http://web. ebscohost. com. proxy. library. ashford. edu/ehost/detail? vid=17 Souter, Punkin. (Sept2012). Health and Power: What Obamacare Means Now to Employees. Financial Executive. Vol 28, Issue 7, p. 54-57. Retrieved from http://web. ebscohost. com. proxy. library. ashford. edu/ehost/detail? vid=83 Levin-Waldman. (2012). American Government. San Diego Ca,. Bridge Point Education Inc. Retrieved from https://content. ahfod. edu.