Mustapha00
Well-Known Member
https://en.wikipedia.org/wiki/National_Federation_of_Independent_Business_v._Sebelius
"The Affordable Care Act is constitutional in part and unconstitutional in part. The individual mandate cannot be upheld as an exercise of Congress's power under the Commerce Clause. That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it. In this case, however, it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress's power to tax.
As for the Medicaid expansion, that portion of the Affordable Care Act violates the Constitution by threatening existing Medicaid funding. Congress has no authority to order the States to regulate according to its instructions. Congress may offer the States grants and require the States to comply with accompanying conditions, but the States must have a genuine choice whether to accept the offer.[47]
...
The Federal Government does not have the power to order people to buy health insurance. Section 5000A [of the Internal Revenue Code] would therefore be unconstitutional if read as a command. The Federal Government does have the power to impose a tax on those without health insurance. Section 5000A is therefore constitutional, because it can reasonably be read as a tax.[48]"
Chief Justice Roberts had to rewrite the law in order to save it.
Democrats argued that the 'fine' the ACA forced those who chose not to purchase health insurance was a "penalty" in order to get around the Constitution's stipulation that all bills which raised revenue- taxation bills included- must originate in the House of Representatives. The ACA originated in the Senate.
Roberts ruled- entirely correctly- that the individual mandate which forced individuals to engage in commerce- in this case, the purchase of health insurance- was unconstitutional. Had he left well enough alone, ACA would have died the merciful death it so richly deserves. Instead, Roberts decided to save the ACA (for the first but not the last time) by redefining the 'penalty' as a 'tax', which Congress- quite obviously- has the power to do. To paraphrase the Army's maxim...the government might not be able to force you to buy health insurance, but it can make you wish you had.
"The Affordable Care Act is constitutional in part and unconstitutional in part. The individual mandate cannot be upheld as an exercise of Congress's power under the Commerce Clause. That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it. In this case, however, it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress's power to tax.
As for the Medicaid expansion, that portion of the Affordable Care Act violates the Constitution by threatening existing Medicaid funding. Congress has no authority to order the States to regulate according to its instructions. Congress may offer the States grants and require the States to comply with accompanying conditions, but the States must have a genuine choice whether to accept the offer.[47]
...
The Federal Government does not have the power to order people to buy health insurance. Section 5000A [of the Internal Revenue Code] would therefore be unconstitutional if read as a command. The Federal Government does have the power to impose a tax on those without health insurance. Section 5000A is therefore constitutional, because it can reasonably be read as a tax.[48]"
Chief Justice Roberts had to rewrite the law in order to save it.
Democrats argued that the 'fine' the ACA forced those who chose not to purchase health insurance was a "penalty" in order to get around the Constitution's stipulation that all bills which raised revenue- taxation bills included- must originate in the House of Representatives. The ACA originated in the Senate.
Roberts ruled- entirely correctly- that the individual mandate which forced individuals to engage in commerce- in this case, the purchase of health insurance- was unconstitutional. Had he left well enough alone, ACA would have died the merciful death it so richly deserves. Instead, Roberts decided to save the ACA (for the first but not the last time) by redefining the 'penalty' as a 'tax', which Congress- quite obviously- has the power to do. To paraphrase the Army's maxim...the government might not be able to force you to buy health insurance, but it can make you wish you had.