The New Democrat Online

Monday, March 26, 2012

Health Care and the Supreme Court: "What will the Decision say about the US Constitution?: The Future of Healthcare Reform in America




As I argued last week in a blog about the Constitutionality of the Affordable Care Act. There are a couple of ways that this law can be ruled Constitutional. Or not be struck down at least until 2015 when the Individual Mandate kicks in. Before the Commerce Clause argument by proponents and opponents of the ACA, make their cases. Is the Individual Mandate a tax, if its ruled that way. Then the Supreme Court could either rule its Constitutional based on that alone. Because clearly the Federal Government has the Constitutional Authority to tax. Or the Supreme Court could decide to punt until 2015, when the Individual Mandate kicks in. And people who decide not to purchase Health Insurance. Will be charged with a penalty or tax depending on your perspective, certainly a liability. For not purchasing Health Insurance and they may decide that we are not ready to rule on the Individual Mandate. Because no one has been charged with this fee yet. And decide to move on to the other Constitutional Issue in the ACA. The Medicaid Prevision.

Whether the Individual Mandate is ruled Constitutional or not, along with the rest of the ACA. This Supreme Court decision will change the future for the Federal Government. And not just in Healthcare Reform but its power in other areas. As far as what it can demand Americans to do, when it comes to purchasing items. And thats the only thing about the ACA that bothers me as far as its Constitutionality. Along with the Medicaid Prevision which I blogged about last week. In the future Big Government politicians in either party could decide. That Americans have to be forced to participate in a Pension Plan or be forced. To purchase healthy foods, be forced to exercise. Be forced to donate to charity or churches, go down the line. And even though I support the Individual Mandate when it comes to Healthcare. And I believe its Constitutional. These other things should be looked at as well.

If the Individual Mandate is ruled Constitutional and of course thats not a safe bet. Probably 50-50 at this point, maybe a little better then that. Then that will give the Federal Government more power over its people. If they choose to do so, as far as what they have to do with their money. And could open the door for a Single Payer Health Insurance System. It would certainly make it more difficult to argue against the Constitutionality of it. Based on the Individual Mandate. And thats another thing that worries me about th Constitutionality of the Individual Mandate.