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Why the Patient Protection and Affordable Care Act Should be Found Constitutional

By   Follow Me on Twitter     Message Mary Bell Lockhart     Permalink
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While the Supreme Court considers appeals regarding the Patient Protection and Affordable Care Act (PPACA) - which some pro and con now call "Obamacare" for different reasons - we citizens can apply our own common sense to the question.    When we do, we see that, unless this Court engages in rampant judicial activism driven by political ideology, they should uphold the act.

 

Consider these portions of the US Constitution:

 

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Article I The Legislative Branch

 

Section 8 - Powers of Congress

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The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States;

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To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

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And; To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

 

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Look at the second of the powers listed: To regulate Commerce   "among the several States".," in other words, "interstate commerce."   Is buying and selling health care insurance interstate commerce?   Seems pretty clear that it is since customers buy coverage from nation-wide companies.   Is buying and selling health care itself -- paying the doctors, hospitals, drug companies, etc. to care for us -- interstate commerce?   Again, it surely is, as the providers, the medicines and the equipment come from all over the world.

 

Look at the last of the powers listed, the power "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers"."   Under this section, Congress is authorized to enact detailed standards and requirements "necessary and proper" to accomplish their goals.   We should not be surprised the act takes up two thousand pages and has to be phased in.   It's a big deal benefiting millions of Americans and something 70% of us asked Congress to do in 2008.

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I'm a retired public health worker focused these days on supporting a variety of progressive issues, such as criminal justice reform, energy efficiency, environmental protection, universal health care, civil rights, and worldwide peace and (more...)
 

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