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Justice Delayed; American Health Care in Limbo
Oleh:
[s.n]
Jenis:
Article from Bulletin/Magazine
Dalam koleksi:
The Economist (http://search.proquest.com/) vol. 400 no. 8751 (Sep. 2011)
,
page 11.
Topik:
Politics
;
Constitutional Law
;
Federal Legislation
;
Insurance
Ketersediaan
Perpustakaan Pusat (Semanggi)
Nomor Panggil:
EE29.68
Non-tandon:
1 (dapat dipinjam: 0)
Tandon:
tidak ada
Lihat Detail Induk
Isi artikel
What a lot of trouble seven words can cause. In 1787 America's constitution, a model of clarity in so many other ways, gave to Congress the power "to regulate commerce...among the several states", and lawyers and politicians have been arguing about what that means ever since. Now they threaten a deadly blow to Barack Obama's proudest achievement (the saving of the economy not having gone quite according to plan). The "commerce clause" provides the legal justification for the core part of Mr Obama's health reforms, passed with great celebration on the left in 2010 but now the subject of dozens of lawsuits. Central to Mr Obama's plan is that insurance companies must offer low-cost and government-subsidised cover to anyone deemed to need it, and that insurers should not be able to discriminate against anyone for being unhealthy. But can the federal government force people to buy insurance? Mr Obama's people insist that it can--and that like a lot of other federal laws on taxation and the environment it is permitted by the commerce clause. But no fewer than 28 states, not to mention various other organisations such as the National Federation of Independent Business, have launched legal attacks on the bill, claiming the mandate is unconstitutional.
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