windwalker17
Rookie
- Nov 8, 2011
- 2
- 0
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Hi Everybody,
So i posted on CNN earlier, but so many comments mine just get drowned out lol. So i was wondering what you guys think of my take on the Constitutional Argument for the Affordable Care Act, and what your arguments/counter-arguments are. Lets keep it civil if we can please.
My Take:
Article 1 Section 8 Clause 3 of the Constitution: Known as the Commerce clause, states: "The federal government shal have the power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes"
Thus, technically speaking, any economic entity or any amount of money that crosses state or national lines can be regulated by the federal government on the basis of this law.
Following this Article 1 Section 8 Clause 18 states that: "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"
Thus not only does the Constitution allow for the Federal Government to regulate commerce, it invests the government with the power to execute its own laws across all boundaries.
Now some are going to state that you don't go out of state for healthcare. No offense of course, but i blieve you are wrong.
Healthcare is an economic powerhouse that definitely crosses state lines.
Medical equipment is purchased from other states, and even abroad. Physicians and nurses and hospital staff payed for their education, more often than not, in another state or nation. Drugs are manufactured usually in Canada or Europe and brought in. So YES healthcare does cross state lines and as such can be regulated under the commerce act.
So in conlusion, the way im understanding the commerce clause, unless EVERY SINGLE PIECE of medical equipment is manufactured in your state, until all your physicians and nurses and staff are educated and trained in your state, and until every single drug used in your hospital is developed/packaged and assembled in your state, and until you live in your state from which you are born and never leave it and get healthcare anywhere else.....then it is considered interstate and international commerce, thus under the protection of the commerce clause.
Just my personal interpretation
So thoughts/opinions? Anyone want to post their arguments here too...please feel free id like to see them!
So i posted on CNN earlier, but so many comments mine just get drowned out lol. So i was wondering what you guys think of my take on the Constitutional Argument for the Affordable Care Act, and what your arguments/counter-arguments are. Lets keep it civil if we can please.
My Take:
Article 1 Section 8 Clause 3 of the Constitution: Known as the Commerce clause, states: "The federal government shal have the power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes"
Thus, technically speaking, any economic entity or any amount of money that crosses state or national lines can be regulated by the federal government on the basis of this law.
Following this Article 1 Section 8 Clause 18 states that: "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"
Thus not only does the Constitution allow for the Federal Government to regulate commerce, it invests the government with the power to execute its own laws across all boundaries.
Now some are going to state that you don't go out of state for healthcare. No offense of course, but i blieve you are wrong.
Healthcare is an economic powerhouse that definitely crosses state lines.
Medical equipment is purchased from other states, and even abroad. Physicians and nurses and hospital staff payed for their education, more often than not, in another state or nation. Drugs are manufactured usually in Canada or Europe and brought in. So YES healthcare does cross state lines and as such can be regulated under the commerce act.
So in conlusion, the way im understanding the commerce clause, unless EVERY SINGLE PIECE of medical equipment is manufactured in your state, until all your physicians and nurses and staff are educated and trained in your state, and until every single drug used in your hospital is developed/packaged and assembled in your state, and until you live in your state from which you are born and never leave it and get healthcare anywhere else.....then it is considered interstate and international commerce, thus under the protection of the commerce clause.
Just my personal interpretation
So thoughts/opinions? Anyone want to post their arguments here too...please feel free id like to see them!