Question

Read the scenario and answer the questions below in a short (250-word) response that you post to the discussion board. If appropriate, include personal experience as part of your answer.

On March 23, 2010, President Barack Obama signed into law the Affordable Care Act. The legislation puts in place comprehensive health insurance reforms that will roll out over four years and beyond, with most changes taking place by 2014. Critics of the new health care legislation claim that it is in violation of the U.S. Constitution.

• Is the new health care legislation is constitutional or unconstitutional?

Answer 1

A District judge in Texas ruled that the Affordable Care Act is unconstitutional, but law experts and professors do not agree with that. The debate is still on that the Affordable Care Act is constitutional or unconstitutional. The states which are in court for the Act are due to the budget issues. Affordable Care Act is a federal act, and a federal act has to pass Congress twice. Once on the bases of merits and the second is based on the budgetary impact. The findings suggest that this will increase nominal tax or increase spending. Moreover, the draft has created the miscalculations that states recruitment as partners will have a political impact. The states having own insurance exchange will receive full federal funding, so political benefits will be there for the Democratic Party. The unconstitutionality of the Affordable Care Act is argued on the basis that the consumers who were uninsured were levied tax penalty. All the arguments have basically divided the stand for Obama or against him because the lawsuit which says that the Affordable Care Act is unconstitutional was backed by Trump Administration. In such conditions, the essence of the Affordable Care Act is lost. The act was to provide insurance and secure the lives of the citizens. The arguments and decisions confuse people. The Act is beneficial for the citizens, so it cannot be termed as unconstitutional. After the proceedings in different courts, it will be clear. The Affordable Care Act is constitutional until the Supreme Court declares it unconstitutional.