Obama Health Care Bill Essay Example | Topics and Well Written Essays - 500 words

Obama Health Care Bill - Essay Example This paper seeks to prove the constitutionality of the bill, which is that it contravenes the Unite States constitution. In his ruling dated December 13th 2010, Judge Henry E. Hudson of Virginia ruled that this particular bill was unconstitutional. He went on to cite the requirement that seeks to make all Americans get insurance as having exceeded the authority to regulate commerce granted to congress by the commerce clause. In his words, it â€Å"would invite unbridled exercise of federal police powers† (Johnson et al 415). This bill is especially confusing since there is no regulation requiring everybody to possess a car, only that they procure insurance as a condition for owning one. The law requires that one obtains health insurance just because this insurance exists (Johnson et al 415). While the law is without doubt well meaning and popular, with insurers putting forward the argument that healthy people taking out these policies would aid those with expensive conditions, some of the other provisions could be severed legally. As Judge Hudson stated in his ruling, â€Å"Neither the Supreme Court nor any federal circuit of appeals have extended commerce powers, which compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market† (Johnson et al 414). The bill tramples on an individual’s right of choice, that is, whether to participate in the scheme or not. While noting its noble intentions, it is also worth noting that the claim on its un-constitutionality has nothing to do with health care but rather on liberty and a right to choose (Johnson et al 416). Article 1 section 8 clause three of the United States constitution states that â€Å"the congress shall have the power to lay and collect taxes, duties and excises †¦for the common defense and general welfare of the