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Health Care: Constitutional Rights and Legislative Powers

Health Care: Constitutional Rights and Legislative Powers

The health care reform debate raises many complex issues including those of coverage, accessibility, cost, accountability, and quality of health care. Underlying these policy considerations are issues regarding the status of health care as a constitutional or legal right. This report analyzes constitutional and legal issues pertaining to a right to health care, as well as the power of Congress to enact and fund health care programs. The United States Supreme Court’s decision in NFIB v. Sebelius, which upheld most of the Patient Protection and Affordable Care Act (Affordable Care Act/ACA), is also discussed.

The United States Constitution does not set forth an explicit right to health care, and the Supreme Court has never interpreted the Constitution as guaranteeing a right to health care services from the government for those who cannot afford it. The Supreme Court has, however, held that the government has an obligation to provide medical care in certain limited circumstances, such as for prisoners.

Congress has enacted numerous statutes, such as Medicare, Medicaid, and the Children’s Health Insurance Program, that establish and define specific statutory rights of individuals to receive health care services from the government. As a major component of many health care entitlement statutes, Congress has provided funding to pay for the health services provided under law. Most of these statutes have been enacted pursuant to Congress’s authority to “make all Laws which shall be necessary and proper” to carry out its mandate “to … provide for the … general Welfare.” Congress has also used other constitutional powers, such as its power to regulate interstate commerce and its power to levy taxes, to enact legislation relating to health insurance and health care.

In 2010, Congress enacted the Affordable Care Act, a comprehensive health care reform law which includes a requirement, effective in 2014, that most individuals purchase health insurance, and which significantly expands the Medicaid program. A number of lawsuits were filed challenging various provisions of this legislation, and, on June 28, 2012, the Supreme Court upheld the majority of ACA’s provisions. Significantly, the Court upheld the requirement that individuals purchase health insurance as a valid exercise of Congress’ taxing power, but the Court limited Congress’ power to spend for the general welfare by holding that Congress cannot threaten the states with the loss of all federal Medicaid funds if the states decline to expand Medicaid coverage as mandated by ACA.

In addition, several states have passed laws, amended their state constitutions, or entered into interstate compacts to attempt to “nullify” or “opt out” of the federal individual health insurance mandate and other federal health care provisions. Direct conflicts between federal laws and state nullification statutes or state constitutional amendments would raise constitutional issues which are likely to be resolved in favor of federal law under the Supremacy Clause of the United States Constitution.

A number of state constitutions contain provisions relating to health and the provision of health care services. State constitutions may provide constitutional rights that are more expansive than those found under the federal Constitution since federal rights set the minimum standards for the states.

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Question by Steve: If the Supreme Court rules that Obamacare is Constitutional, what will happen when the states?
that have so far refused to more forward on creating their health insurance exchanges, request more time to create them? They’re going to say that they didn’t have enough time between the ruling, and the January 1, 2014 deadline to create the exchanges.

Should they be given extra time, or should they be told “too bad, so sad”?

Best answer:

Answer by Liberals Are Weak
Court will not hold it up

But in any cause if the Republicans win the senate in 2013 (23 Dems up for re-election) than they can use the same procedure “reconciliation” to kill Obamacare that Reid used to implement it. Killing the filibuster and require only 51 votes. They can also block appointments and funding

And if a Republican wins the Presidency he or she can use the same president that Obama created by giving a blanket voucher of exemption to all that asks for 99 years DOne and Done

What do you think? Answer below!

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Question by Limit Government: How do you see the Affordable Care Act? Tax or Penalty? Constitutional or not?
Personally, I feel that the Affordable Care Act is not a tax, it is a penalty, and it is unconstitutional.

It’s only constitutional if it is a tax, and I do not see that it is.

Let me know how you see it.

Best answer:

Answer by Quan
I don’t care what people choose to call it the mandate. The whole argument over the semantics of that is stupid to me. It is constitutional.

We should be talking about how we improve the bill and get more people covered and the GDP that health care consume lowered, but NEVER have I seen a critically needed debate like that happen with Republicans involved. They are like petulant whiny children.

Know better? Leave your own answer in the comments!

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Why ObamaCare is Wrong for America: How the New Health Care Law Drives Up Costs, Puts Government in Charge of Your Decisions, and Threatens Your Constitutional Rights

Why ObamaCare is Wrong for America: How the New Health Care Law Drives Up Costs, Puts Government in Charge of Your Decisions, and Threatens Your Constitutional Rights

Most people initially had high hopes for health reform. There clearly are problems that must be fixed. The president had promised that if reform passed, everyone would be able to get health insurance, costs would go down, and we would be able to keep both our doctors and our coverage. And we were told that reform would even cut the deficit and make Medicare stronger.

But the law that actually passed became a Rube Goldberg contraption that can’t possibly work and that fails to meet its promises—and it will make many problems worse. Officials say it will leave at least 23 million people uninsured, it is already making health insurance more expensive, and it threatens major changes to the coverage that tens of millions of Americans have today. Seniors are frightened that its cuts to future Medicare spending will jeopardize their care, and taxpayers see a flood of red ink far into the future.

ObamaCare is leaving a comet tail of broken promises as it steamrolls its way through our economy and into our lives. What happened? How could there possibly be such a big gap between promise and reality?

In Why ObamaCare is Wrong for America, the authors—who work for four different conservative think tanks and have led the fight to educate the American people about the impact of ObamaCare—explain exactly what the law stipulates and how the law will affect each of us: as patients, as employees, as taxpayers, and as citizens. They also lay out a plan for reforming the law so we can get health care right. Finally, the authors share concrete steps each of us can take to put the breaks on ObamaCare.

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Why ObamaCare is Wrong for America: How the New Health Care Law Drives Up Costs, Puts Government in Charge of Your Decisions, and Threatens Your Constitutional Rights

Most people initially had high hopes for health reform. There clearly are problems that must be fixed. The president had promised that if reform passed, everyone would be able to get health insurance, costs would go down, and we would be able to keep both our doctors and our coverage. And we were told that reform would even cut the deficit and make Medicare stronger.

But the law that actually passed became a Rube Goldberg contraption that can’t possibly work and that fails to meet its promises—and it will make many problems worse. Officials say it will leave at least 23 million people uninsured, it is already making health insurance more expensive, and it threatens major changes to the coverage that tens of millions of Americans have today. Seniors are frightened that its cuts to future Medicare spending will jeopardize their care, and taxpayers see a flood of red ink far into the future.

ObamaCare is leaving a comet tail of broken promises as it steamrolls its way through our economy and into our lives. What happened? How could there possibly be such a big gap between promise and reality?

In Why ObamaCare is Wrong for America, the authors—who work for four different conservative think tanks and have led the fight to educate the American people about the impact of ObamaCare—explain exactly what the law stipulates and how the law will affect each of us: as patients, as employees, as taxpayers, and as citizens. They also lay out a plan for reforming the law so we can get health care right. Finally, the authors share concrete steps each of us can take to put the breaks on ObamaCare.

List Price: $ 14.99

Price: $ 5.23

Related Posts:

Why ObamaCare is Wrong for America: How the New Health Care Law Drives Up Costs, Puts Government in Charge of Your Decisions, and Threatens Your Constitutional Rights

Most people initially had high hopes for health reform. There clearly are problems that must be fixed. The president had promised that if reform passed, everyone would be able to get health insurance, costs would go down, and we would be able to keep both our doctors and our coverage. And we were told that reform would even cut the deficit and make Medicare stronger.

But the law that actually passed became a Rube Goldberg contraption that can’t possibly work and that fails to meet its promises—and it will make many problems worse. Officials say it will leave at least 23 million people uninsured, it is already making health insurance more expensive, and it threatens major changes to the coverage that tens of millions of Americans have today. Seniors are frightened that its cuts to future Medicare spending will jeopardize their care, and taxpayers see a flood of red ink far into the future.

ObamaCare is leaving a comet tail of broken promises as it steamrolls its way through our economy and into our lives. What happened? How could there possibly be such a big gap between promise and reality?

In Why ObamaCare is Wrong for America, the authors—who work for four different conservative think tanks and have led the fight to educate the American people about the impact of ObamaCare—explain exactly what the law stipulates and how the law will affect each of us: as patients, as employees, as taxpayers, and as citizens. They also lay out a plan for reforming the law so we can get health care right. Finally, the authors share concrete steps each of us can take to put the breaks on ObamaCare.

List Price: $ 14.99

Price: $ 5.17

Related Posts:

Why ObamaCare is Wrong for America: How the New Health Care Law Drives Up Costs, Puts Government in Charge of Your Decisions, and Threatens Your Constitutional Rights

Most people initially had high hopes for health reform. There clearly are problems that must be fixed. The president had promised that if reform passed, everyone would be able to get health insurance, costs would go down, and we would be able to keep both our doctors and our coverage. And we were told that reform would even cut the deficit and make Medicare stronger.

But the law that actually passed became a Rube Goldberg contraption that can’t possibly work and that fails to meet its promises—and it will make many problems worse. Officials say it will leave at least 23 million people uninsured, it is already making health insurance more expensive, and it threatens major changes to the coverage that tens of millions of Americans have today. Seniors are frightened that its cuts to future Medicare spending will jeopardize their care, and taxpayers see a flood of red ink far into the future.

ObamaCare is leaving a comet tail of broken promises as it steamrolls its way through our economy and into our lives. What happened? How could there possibly be such a big gap between promise and reality?

In Why ObamaCare is Wrong for America, the authors—who work for four different conservative think tanks and have led the fight to educate the American people about the impact of ObamaCare—explain exactly what the law stipulates and how the law will affect each of us: as patients, as employees, as taxpayers, and as citizens. They also lay out a plan for reforming the law so we can get health care right. Finally, the authors share concrete steps each of us can take to put the breaks on ObamaCare.

List Price: $ 14.99

Price: $ 8.49

Related Posts:

Why ObamaCare is Wrong for America: How the New Health Care Law Drives Up Costs, Puts Government in Charge of Your Decisions, and Threatens Your Constitutional Rights

Most people initially had high hopes for health reform. There clearly are problems that must be fixed. The president had promised that if reform passed, everyone would be able to get health insurance, costs would go down, and we would be able to keep both our doctors and our coverage. And we were told that reform would even cut the deficit and make Medicare stronger.

But the law that actually passed became a Rube Goldberg contraption that can’t possibly work and that fails to meet its promises—and it will make many problems worse. Officials say it will leave at least 23 million people uninsured, it is already making health insurance more expensive, and it threatens major changes to the coverage that tens of millions of Americans have today. Seniors are frightened that its cuts to future Medicare spending will jeopardize their care, and taxpayers see a flood of red ink far into the future.

ObamaCare is leaving a comet tail of broken promises as it steamrolls its way through our economy and into our lives. What happened? How could there possibly be such a big gap between promise and reality?

In Why ObamaCare is Wrong for America, the authors—who work for four different conservative think tanks and have led the fight to educate the American people about the impact of ObamaCare—explain exactly what the law stipulates and how the law will affect each of us: as patients, as employees, as taxpayers, and as citizens. They also lay out a plan for reforming the law so we can get health care right. Finally, the authors share concrete steps each of us can take to put the breaks on ObamaCare.

List Price: $ 14.99

Price: $ 8.49

Related Posts:

Why ObamaCare is Wrong for America: How the New Health Care Law Drives Up Costs, Puts Government in Charge of Your Decisions, and Threatens Your Constitutional Rights

Most people initially had high hopes for health reform. There clearly are problems that must be fixed. The president had promised that if reform passed, everyone would be able to get health insurance, costs would go down, and we would be able to keep both our doctors and our coverage. And we were told that reform would even cut the deficit and make Medicare stronger.

But the law that actually passed became a Rube Goldberg contraption that can’t possibly work and that fails to meet its promises—and it will make many problems worse. Officials say it will leave at least 23 million people uninsured, it is already making health insurance more expensive, and it threatens major changes to the coverage that tens of millions of Americans have today. Seniors are frightened that its cuts to future Medicare spending will jeopardize their care, and taxpayers see a flood of red ink far into the future.

ObamaCare is leaving a comet tail of broken promises as it steamrolls its way through our economy and into our lives. What happened? How could there possibly be such a big gap between promise and reality?

In Why ObamaCare is Wrong for America, the authors—who work for four different conservative think tanks and have led the fight to educate the American people about the impact of ObamaCare—explain exactly what the law stipulates and how the law will affect each of us: as patients, as employees, as taxpayers, and as citizens. They also lay out a plan for reforming the law so we can get health care right. Finally, the authors share concrete steps each of us can take to put the breaks on ObamaCare.

List Price: $ 14.99

Price: $ 8.43

Related Posts:

Why ObamaCare is Wrong for America: How the New Health Care Law Drives Up Costs, Puts Government in Charge of Your Decisions, and Threatens Your Constitutional Rights

Most people initially had high hopes for health reform. There clearly are problems that must be fixed. The president had promised that if reform passed, everyone would be able to get health insurance, costs would go down, and we would be able to keep both our doctors and our coverage. And we were told that reform would even cut the deficit and make Medicare stronger.

But the law that actually passed became a Rube Goldberg contraption that can’t possibly work and that fails to meet its promises—and it will make many problems worse. Officials say it will leave at least 23 million people uninsured, it is already making health insurance more expensive, and it threatens major changes to the coverage that tens of millions of Americans have today. Seniors are frightened that its cuts to future Medicare spending will jeopardize their care, and taxpayers see a flood of red ink far into the future.

ObamaCare is leaving a comet tail of broken promises as it steamrolls its way through our economy and into our lives. What happened? How could there possibly be such a big gap between promise and reality?

In Why ObamaCare is Wrong for America, the authors—who work for four different conservative think tanks and have led the fight to educate the American people about the impact of ObamaCare—explain exactly what the law stipulates and how the law will affect each of us: as patients, as employees, as taxpayers, and as citizens. They also lay out a plan for reforming the law so we can get health care right. Finally, the authors share concrete steps each of us can take to put the breaks on ObamaCare.

List Price: $ 14.99

Price: $ 8.40

Related Posts: