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Universal Healthcare? State or Federal Power?


Online News Resources: Transcript: President Obamas Health Care Speech http://www.cbsnews.com/stories/2009/09/09/politics/main5299229.shtml Patient Protection and Affordable Care Information: http://www.ncsl.org/default.aspx?tabid=21342 Virginia Tries to Stop the Federal Healthcare Law http://www.washingtonpost.com/wp-dyn/content/article/2010/03/23/AR2010032304224.html Virginias Healthcare Appeal is Tossed out by Federal Court http://www.washingtonpost.com/national/health-science/appeals-court-dismisses-virginias-health-lawchallenge/2011/09/08/gIQAB81xCK_story.html Other Resources: Article I, Section 8 of the Constitution | Ninth Amendment | Tenth Amendment | Federalism
Questions

1. Which power(s) delegated to Congress, if any, could be cited as a constitutional justification for laws reforming the insurance industry, requiring individuals to carry health insurance, or creating a public option? The power to regulate interstate commerce under the U.S. Constitution.

2. Constitutional Question: Does the Healthcare Law as presented by the House and Senate abridge the rights or powers protected by the Ninth and Tenth Amendments? Why or why not? No, people are considered a good so the power to regulate interstate commerce would affect us
giving the government the right to make us pay a tax or get health insurance

3. What are the constitutional arguments in favor of the proposed healthcare reform? What are the constitutional arguments against it?
power to regulate interstate commerce is in the constitution but it a person's right to choose whether or not they get health insurance

4. Pick a Side and Defend:

I think that the healthcare law presented by the House and Senate abridge the rights and powers protected by the Ninth and Tenth Amendments. My constitutional reasoning and/or citations are:

I think that the healthcare law presented by the House and Senate DO NOT abridge the rights and powers protected by the Ninth and Tenth Amendments. My constitutional reasoning and/or citations are:
It was not unconstitutional because of the fact congress does have the power to make people pay things such as tax and the power to regulate interstate commerce which means people too 4th Circuit judges said that it was the Health care bill was unconstitutional just because Virginia had a right to challenge the federal law because it conflicts with a state law that made it illegal to require Virginians to purchase insurance.

5. How would you respond to the following excerpt from President Obamas September 9, 2009 address to Congress? Ive thought about that phrase quite a bit in recent days -- the character of our country. One of the unique and wonderful things about America has always been our self-reliance, our rugged individualism, our fierce defense of freedom and our healthy skepticism of government. And figuring out the appropriate size and role of government has always been a source of rigorous and, yes, sometimes angry debate. Thats our history. That is true but todays congress doesnt seem to be debating it is just one side trying to do something while the other side says no b/c that is what the people they are elected from are telling them to do and they fear they might lose their jobs if they agree just the slightest bit

6. With multiple rulings from US Appellate Courts regarding Obamas Healthcare Plan, read the following article and respond. Summarize the impact of the article in at least 5sentences. http://www.cbsnews.com/stories/2011/10/03/national/main20114683.shtml AS the new term begins for the US supreme court the question of the legality of the health care bill is called into question. The Obama administration has asked the supreme court that the case be heard and the verdict be handed down by June of 2012 while he and his Republican opponent are in the fall campaign. The justices have already agreed to hear the case. The supreme court might have its hands busy this year as they have to review not only the health care debate but also immigration and affirmative action. Although many of the supreme court justices have a reason to recluse themselves for the health care bill trial they show no signs of doing so

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