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Individual Mandate Essay

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The implementation of the individual mandate on health care gives the United States federal government unlimited powers. The policy is obviously unconstitutional, and it shows that the Supreme Court ignored the facts and allowed the government to misinterpret constitutional powers. The individual mandate allows Congress to use legislative powers that are not given to them in Article l of the Constitution.
The policy actor regarding the implementation of the individual mandate on health care is the federal government. Every branch of the federal government has influenced the passage of Obamacare, thus agreeing to enact the individual mandate. The executive branch, mainly the president, created this policy and is therefore an official policy …show more content…

After being challenged in the Supreme Court, it was ruled that the individual mandate was protected under three provisions of the constitution: the commerce clause, the taxing and spending clause, and the necessary and proper clause (Somin). By evaluating the terms of these clauses, it is clear that the individual mandate fails to be represented in any of them. The commerce clause gives Congress the constitutional power of regulating interstate commerce. The individual mandate, however, is neither an interstate activity nor a commerce. This clause only gives Congress the power to regulate commerce that impacts the economy, it does not give the power to tax individuals who refuse to buy a product. The taxing and spending clause gives the government the power of taxation. But similar to the commerce clause argument, it does not give the government power to tax on an item that a person fails to buy. Lastly, the individual mandate was considered protected under the necessary and proper clause, which gives Congress the power to create laws that are necessary and proper for for carrying into execution. Health insurance is not a necessity for some people, and Congress does not have the power to assume that it is. By allowing Congress to assume that the individual mandate is necessary and proper, we are allowing them to assume that any mandate can fit under this

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