Supreme Mistake

Nick Littrellpage 1 Mr. Rex American G everyplacenment 4/18/2012 thither have been many constitutional commands for and against the Patient aegis and low-cost Care movement. In this essay I exit compend the three major arguments that have been debated in front of the coercive tribunal. The first argument is if the Anti-Injunction process prohibits the overbearing court on ruling if the Patient Protection and Affordable Care cloak is constitutional at this time. The second argument is if the individualist formula is to be considered constitutional. The third argument is if the Individual Mandate is severable if found to be unconstitutional. I will explain these arguments value and give my opinion on which way the Supreme courtroom will predominate and the reasons why. The Anti-Injunction Act is a federal levelheaded philosophy from 1867 that does non allow courts to allow lawsuits that try to prevent a tax from going into effect. The argument before the S upreme Court is since the penalty for not having health policy would be a tax then the Supreme Court could not rule on it before people are truly taxed. The trouble with this argument is the tax penalty is not supposed(p) to discharge revenues for the government but, is intended to abide every one to comply with the Act to substantiate prices for health insurance low.

So the main let go of with this argument is determining if the penalty for not having health insurance is actually a tax or not. The argument over whether the Individual Mandate is constitutional or not comes downcast to the male monarchs ef frontery to Congress by Article one section ! viii of the United States Constitution. This includes Congresss cater to modulate the activities that good affect interstate Nick Littrellpage 2 commerce, their power to tax, and the power to make all laws which shall be necessary and proper for carrying into operation the enumerated powers of Congress. Congresss power to regulate the activities that affect interstate commerce seems to be the biggest argument...If you want to get a replete essay, order it on our website: OrderCustomPaper.com

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