Why Is Obama Care Unconstitutional?

Why Is Obama Care Unconstitutional?

Introduction

The American healthcare industry has always been a private industry. Americans who can afford to buy health insurance are provided healthcare. This system is infested with inherent problems like unfair and unjustified rate increases, insufficient coverage and refusal of health care on the basis of pre-existing conditions. US citizens can even be denied their coverage when in dire need of medical assistance (www.obamacarefacts.com, 2012). It was strongly felt that the health care system should be reformed. The Obama Government drove the efforts towards a reform Bill, which drew as much criticism as support.

Obamacare has been the center of a lot of controversy. Reformists say that health care reform was badly needed for America, Availability of quality healthcare to all citizens is important for the entire nation to pay some more in tax dollars.

Critics say that the Bill unnecessarily places a burden on taxpayers to pay for those who can't support themselves (www.obamacarefacts.com, 2012).

Discussion

Salient features of Obamacare

President Obama signed the Patient Protection and Affordable Care Act on 23 March 2010. Simultaneously, he also signed the Health Care and Education Reconciliation Act. These laws strive to fix the existing healthcare system.

The salient features of the Bill call for no discrimination in provision of health care. Insurance companies cannot refuse to provide coverage, or increase rates without justification. Everyone has the option to buy Insurance or be provided with it commensurate with his income. There are no limits on the healthcare. Americans cannot be refused coverage for treatment of pre-existing conditions. No co-pays for domestic violence screening or birth control. Small businesses will get tax credits for providing health care to their employees. This health care plan is supposed to cost the American government 2 trillion dollars (www.obamacarefacts.com, 2012).

Criticism of the Obama Health care Bill

The critics of this Bill do not argue whether the Bill is a wise or unwise law, or if it will solve or aggravate the numerous problems in the US health care system. In effect, it is about our federalist system. The debate raises very critical issues about the Constitutional role of the federal government (Vinson, 2011). The main source of criticism is the Commerce Clause in the Bill.

Goes Beyond the Commerce Clause

The main purpose of the Commerce Clause is to develop a national free trade pact and to end interstate protectionist policies. Congress does not have the power to create commerce in order to regulate it (Garret, 2012). The Commerce Clause does not allow the government to compel someone to buy a service or product they do not want.

Other arguments against the Bill are:

Threatens the Idea of Limited Government

The individual mandate can be construed as a grant of unlimited jurisdiction and governing authority. This goes against the principle of numbered authority, from which Congress has few and specific law making powers (Garret, 2012).

Threatens Religious Freedom

The Health care Bill forces religious bodies to provide services that go against their faith (Garret, 2012).

Contract Law revised

The individual mandate ...