Tuesday, May 14, 2019
Health care Essay Example | Topics and Well Written Essays - 750 words - 1
health care - Essay ExampleThe judge declare parts of Affordable Health Care Act inconsistent with the intentions of the constitution which guarantees all citizens the mightily to choose, therefore, fit to the judge, the act was unconstitutional. In his ruling, Federal taste Henry Hudson hinged his judgment on whether the government the mandate to big businessman every individual citizen to purchase health insurance. Based on this opinion, the federal judge rejected the governments end that to purchase health insurance was a form of tax. The judge noned that in putting in place the Affordable Health Care Act, the acts regulatory scheme was conceived as an screening of calling clause powers. The federal judge rejected any attempt to stretch the Commerce Clause in order to allow the government mandate the insurance purchases, claiming that such a move would move over the gate to unrestrained federal power. For the federal governments penalty due to noncompliance to be effec tive under the law, the judge opines that it must aim to affect a legitimate exercise of the Commerce Clause. Further, Federal Judge Henry Hudson sees the Affordable Health Care Act being about to a greater extent that the issue of designing a scheme of universal health insurance upsideage or regulation of insurance business. According to the judge, the core of the matter is an individuals right to choose to take part in the scheme. nourish his stand, the federal judge notes that the Constitution had given congress specific powers. Therefore, the judge claims that power that the constitution does not give the federal government is reserved to the states while those not outlawed are reserved to the citizens. dismantle as Federal Judge Henry Hudson declared the Affordable Health Care Act unconstitutional, Judge George Caram Steeh found the act constitutional in the ruling of the Thomas More Law Center v. Obama graphic symbol in which the judge gave an order denying plaintiffs mot ion. In his opinion, Judge Steeh noted that a refusal to overreach insurance amounted to an example of an activity that affect interstate commerce to a large extend. According to the judge, those who selects not to get insurance cover have in effect, made an active decision to pay for their health check expenses from their pockets. This decision, the judge added, had an impact on taxpayers, health care providers, and the insured citizens who will have to foot the putz for those who do not take insurance cover. Further, Judge Steeh claim although the matter on constitutionality of the Affordable Health Care Act presented an issue of first impression, there was a rational ground to make conclusions that decisions not to take insurance cover increased the cost of coverage, therefore affecting interstate commerce. From the point of views presented by Federal Judge Henry Hudson and judge Steeh, it is my opinion that Federal Judge Henry Hudson presents a break in argument. The governm ent should recognize its citizens right of choice. To penalize those that do not take the insurance cover is paramount to dictating to them the flesh of medicine they should take when they get sick. People have the right to decide the kind of treatment they need and at what time. Although it is a noble effort that would guarantee medical service to many a(prenominal) deserving citizens, the federal government, through the Affordable Health Care Act has no legal right to force citizens to take medical cover. If the
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