Supreme Court

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The Affordable Care Act is one of the most recent controversial mandates upheld by the Supreme Court.  Whether or not you agree with the Act itself, the question for this assignment is whether it is constitutional to have the government require Americans to purchase healthcare or taxed.



Using research, address these two questions in a minimum of 500 words.


1.    The Constitution does not specify whether health insurance should be required, since health insurance was not around when it was written.  Should the American government have the right to require us to buy anything?  Did Congress abuse its right to regulate commerce and what was the Supreme Court’s decision on the Commerce Clause?


2.    Part of the reasoning behind the Affordable Care act is that without it, those without health insurance are still required to be treated in emergency situations.  The cost of stabilizing the uninsured is passed on to those who pay taxes and who do pay insurance premiums.  With the new plan, the cost is distributed and Americans are more likely to have insurance in the case of an accident or unforeseen medical event.  If Congress required that hospitals provide care in an emergency, regardless of the patient’s ability to pay for such care, is also fair for them to require Americans to have insurance in the case of such emergencies?  Why or why not?

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