Title: Is the Affordable Care Act unconstitutional? - Washington Times
Headings: 'Is the Affordable Care Act unconstitutional?'
'Is the Affordable Care Act unconstitutional?'
ANALYSIS/OPINION:
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Content: The legal battle over the constitutionality of the Affordable Care Act — Obamacare — will soon be back in court due to the largely unexpected consequences of a series of recent events. When the ACA was enacted in 2010, it was a stool with four legs. The first was a declaration that access to professional health care treatment — even for pre-existing conditions— is a right to be guaranteed by the federal government. Second, that all people in America are legally required to have health insurance or be assessed for the cost of an insurance policy by the IRS — this is the so-called individual mandate. Third, that all employers of 50 or more full-time employees provide health care insurance to their employees. And fourth, that the federal government would micromanage the delivery of health care and, along with the states, orchestrate and subsidize health care for those who did not receive it from an employer. TOP STORIES
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When the legal challenge to the ACA was before the U.S. Supreme Court in June 2012, the core issue was does the Commerce Clause of the U.S. Constitution — which delegates to Congress the power to regulate interstate commerce — empower Congress to compel people to engage in it by purchasing a health insurance policy. As the late President George H.W. Bush liked to ask: