The Commerce Clause, The Aca, And Federalism - 2798 Words

The Commerce Clause, the ACA, and Federalism Sean C. Hall POL303: The American Constitution Dr. Jean Jolivet 4/25/15 Introduction Since its inclusion in the Constitution, the Commerce Clause has been quite â€Å"necessary and proper† clause, and it has also been a source of contention and debate. There have been over 1400 cases filed with the Supreme Court challenging its application in the 20th century. The passage of the controversial Affordable Care Act made the commerce being brought once more to the national attention. The administration of Obama and some other prominent voices on the left have had the argument that the clause was put in place particularly to limit the influence of the federal government on the power of trade between the states. Such prompted the question of whether the Commerce Clause grants unlimited power to expand the federal government through the regulation (federalism), or whether it has been abused by those in the federal government off and on since its inception. This question will be addressed in this paper, and this is with the focus on the implications for federalism, implications for civil rights and the implications for civil liberties. Implications for Federalism The supremacy clauses state that the constitution, federal laws, treaties and federal regulations are the supreme law of the land. The states laws that conflict with valid federal laws are considered unconstitutional. The Commerce Clause of the US constitution providesShow MoreRelatedThe Fourteenth Amendment And The National Government Essay1396 Words   |  6 Pagesamendment deals with three different types of power. The three separate powers are delegated powers, reserved powers, and prohibited powers. Delegated powers are the powers assigned to the Federal government. An example would be the power to regulate commerce. The reserved powers are the powers that are granted to the states. An example would be to regulate education. The prohibited powers are the powers that are denied to the national or state government by the Constitution. An example would be thatRead MoreCurrent Development Of Federal Health Care Policy2135 Words   |  9 Pagesit require d businesses to provide insurance (employer mandate), it set up insurance pools to allow those without care to purchase inexpensive insurance (healthcare exchanges), it required states to extend their Medicaid coverage (Medicaid expansion clause), and it forbade insurance companies from excluding people from coverage for preexisting conditions . Among other aspects, this meant that act requires individuals to maintain health insurance – the so-called individual mandate – and requires theRead MoreThe Supreme Court Of Public Health Essay1239 Words   |  5 Pagesenforceable limits on Congress s power. The Supreme Court has narrowed the scope of the commerce power, when held the congress exceeded its commerce clause authority by making gun possession a federal offense. As Baum (2010) asserts that, in New York, the Supreme Court struck down a federal statute providing for the disposal of radioactive waste as violating the 10th Amendment (Baum, 2010, p. 69). In an era of n ew federalism, the Supreme Court has gradually limited federal public health powers and returnedRead MoreHealth Care And Affordable Care Act1714 Words   |  7 Pagesto regulate health insurance yet under the ACA, Congress is now regulating the States and their commerce. â€Å"(The Framers) gave Congress the power to regulate commerce, not to compel it. Ignoring that distinction would undermine the principle that the Federal Government is a government of limited and enumerated powers. The individual mandate thus cannot be sustained under Congress’s power to â€Å"regulate Commerce.† Pp. 16–27. By regulating the State’s commerce, Congress is limiting what States really needRead MoreThe Framers And The Constitution2065 Words   |  9 PagesThe Framers chose federalism because they had already tried confederalism under the Articles of Confederation and had found that it created a central government that was too weak to do what was needed. They also did no t go with a unitary system because people did not trust a central government because the people had just become free from a centralized British government that was too oppressive. Also in choosing federalism it prevented against tyranny. The want to split the power of government soRead MoreThe Case Of The American Legal System2369 Words   |  10 Pagesthe U.S constitution refers that the constitution and the laws of the US which shall be made in the pursuance thereof as the â€Å"supreme law of the land,† Marbury v. Madison exemplifies that understanding . Since the US legal system is based on federalism. The Tenth Amendment of the U.S constitution shift the power and legal authority away from the states and towards the federal government. The federal government gains more power over the state but there is a certain jurisdiction of boundaries that