Commerce Clause & Health Care

The duty hold was only if placed in our Constitution to ensure that states couldnt establish laws or regulations that would hinder with trade and economic vocation, in result gave sexual congress the part to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. To me, the Commerce Clause was once legitimate in the sense that the economic activity was in the first place trade based and to prevent the intense rivalry among states, copulation requisite to birth the index number to control interstate highway occupation to render conflicts.When creating and establishing the Commerce Clause I believe it could have been thought by and furthermore written in a more distinct and detailed means to accommodate the issues we have had. Be bring forth it wasnt stated, U. S. Supreme Court ruled Congress to control intrastate commerce as long as the commerce significantly affects commerce involving more than unmatched state, resulting fro m Gibbons v. Ogden. Sometimes I esteem if its realistic to think Congress allow get to the channel of controlling every aspect of our life, until nighthing like the Affordable kick stand for bring forths into shape and keeps me questioning, what will be next.The regimens argue is, below the Commerce Clause that Congress has the great power to canon the Affordable C be profess. Their philosophy is that Congress can demand people to buy wellness damages, and if they refuse, then it would be affecting interstate commerce weakening the Acts other developments. Their reasoning is that there are individuals who currently do not have medical insurance that are making a remarkable amount of visits to the doctor. In result, leaving hospitals reaching out to insurance companies to recover what they didnt get paid for treating the non-insured.Consequently, insurance companies will part raising premiums higher and higher which will penalize those who already have insurance and th ose who reach out for insurance where premiums have raised to a point that it is unaffordable for the average citizen, then the problem will get worse. The joust against the Affordable Care Act is that it violates the Commerce clause regarding the fact that Congress has the power to regulate interstate commerce and intrastate commerce as long as the conflict in commerce is among more than one state.Some states, like Virginia, have passed or are in consideration of declaring a law that the Affordable Care Act cant be enforced in their States. In the article on the Reuters website it says, State legislators in Maine, Montana, Nebraska, Oregon, Texas, and Wyoming have introduced bills that establish penalties, including attractives and jail time, for any element seeking to enforce the healthcare law within their states borders. Congress has the power to do most of which they feel capable of doing and if they can prove a good enough argument to the Supreme Court that inactivity affec ts interstate commerce then I think no matter what the States arguments are going to be shut down. Regarding taxation, the Government argues that if their power under the commerce clause doesnt support the mandate, then they will implement the power of Congress to tax. The mandate was Congresss solution to those who decided they werent going to get health insurance, preventing cost shifting.Cost shifting was their reaction as to why they can force the individual mandate and its because the failure to purchase insurance has a substantial and deleterious launch on interstate commerce. The Government believes that health care at some point in life is unavoidable, whether its an emergency or through insurance, thats why they have created the individual mandate penalty to bring to an end from premiums rising. The main argument against the mandated tax is that when lobbying for the bill, President Obama stated that there would not be a new tax involved with the individual mandate req uiring coverage.But the penalty will be collected through tax filings and the Federal Government says that the fine is in their power to levy. From the Reuters article it says, States say the U. S. Government does not have the authority to charge the fine and point to the discrepancy between Obamas statements and the U. S. Governments arguments. Government regulation in business is everywhere, from advertising, employment and labor, privacy, environmental, and safety and health issues.The last-ditch reason there are so many regulations is so that consumers are protected and it helps businesses to thrive at the same time. What is so interesting close the law is that we have a firm foundation, but the law will always be changing because with time there will come a new circumstance with no precedent that will cause a controversy like the Affordable Care Act itself. I just hope it doesnt get to the point that the Government abuses its powers give to them by the framers who created o ur Constitution to resolve conflict, not create it.