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Author Topic: PPACA is constitutional  (Read 2718 times)

CraigStern

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PPACA is constitutional
« on: June 28, 2012, 07:32:43 PM »

Those of you with an interest in Constitutional law (and a solid chunk of time on your hands) may want to read today's Supreme Court opinion upholding the Patient Protection and Affordable Care Act: http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf

The majority opinion is well-written and--in my view--surprisingly persuasive. (I say "surprisingly" because I seldom agree with Justice Roberts's opinions.) It's also a pretty good introduction to some basic principles of constitutional law. I don't agree with 100% of it, but it's a good read regardless.
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SmartyPants

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Re: PPACA is constitutional
« Reply #1 on: July 02, 2012, 07:16:13 PM »

Even though I don't like Obamacare, I don't dislike the Supreme Court's decision.  Obama and many Democrats view the Commerce Clause as a tool for the federal government to do anything they want.  The latest Supreme Court case finally gave a limit to what the Commerce Clause can be applied to.  To me, calling the mandate a tax is way more constitutionally acceptable than saying Commerce Clause allows congress to regulate things people have not purchased.

I would also prefer that Obamacare be removed legislatively instead of judicially.  I also hope it is removed in a less sleazy and dishonest way than it was passed.

ArtDrake

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Re: PPACA is constitutional
« Reply #2 on: July 02, 2012, 07:32:42 PM »

What's not to like about healthcare? The US is finally, as a country, getting universal healthcare [not free, but it's a step] -- those who defy the requirement for healthcare are penalized, which provides money (as far as I'm aware) for the basic government-provided emergency care that the uninsured must turn to when they fall ill or are injured. It's not fair to allow a single accident to bring an entire family to economic ruin, and PPACA prevents that.

This might seem like an infringment of rights -- but if you're not completely closed-minded about the issue, the first affront of having to pay for something against your will is dwarfed by the fact that this law prevents people from having to resort to governmental economic aid after the financial collapse of their family, which appears to be the only thing the right wing hates more than imagined slights against their freedoms.
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