Health Care Reform – Summary of Legal Challenges
Health Care Reform – Summary of Legal Challenges
1. The act’s duties and requirements are not enumerated powers of the federal government under Article 1, Section 8, and therefore beyond the scope of the federal government.
2. In the act, the executive branch of government is granted powers not authorized under the Constitution.
3. Nearly all Americans are required, under the act, to purchase health insurance from private companies that in turn will be regulated by the federal government; a violation of the Commerce Clause with no precedence.
4. Punitive action against citizens for failure to comply violates the 5th Amendment, taking rights without “due process.”
5. The act violates Article 1, Section 9 of the Constitution, which limits the types of taxes that Congress can levy.
6. The act violates states’ rights, the 10th Amendment, in regulating the health care industry, including health insurance, and placing all regulations under the federal government.
These are just a few of the problems with the new health.insurance reform. America will get a good feel for the status of its justice system, by closely watching these health care reform cases progress through final resolution in the Supreme Court.
