Nick Littrellpage 1 Mr. Rex American Goernment 4/18/2012 thither have been many constitutional commands for and against the Patient trade protection and low-cost Care movement. In this essay I lead compend the three major arguments that have been debated in front of the overlooking tribunal. The first argument is if the Anti-Injunction good turn interdicts the sovereign court on ruling if the Patient Protection and Affordable Care coiffure is constitutional at this time. The second argument is if the individualist order is to be considered constitutional. The third argument is if the Individual Mandate is severable if found to be unconstitutional. I will explain these arguments mention and give my opinion on which way the Supreme court of justice will predominate and the reasons why. The Anti-Injunction Act is a federal ratified philosophy from 1867 that does not allow courts to allow lawsuits that try to prevent a tax from going into effect. The argument before the Supreme Court is since the penalty for not having health indemnification would be a tax then the Supreme Court could not rule on it before people are actually taxed. The trouble with this argument is the tax penalty is not supposititious to discharge revenues for the government but, is intended to put up every sensation to comply with the Act to substantiate prices for health insurance low.
So the main restitution with this argument is determining if the penalty for not having health insurance is actually a tax or not. The argument over whether the Individual Mandate is constitutional or not com es cut out to the male monarchs effronter! y to Congress by Article one section viii of the United States Constitution. This includes Congresss fountain to act upon the activities that good affect interstate Nick Littrellpage 2 commerce, their power to tax, and the power to make all laws which shall be needed and proper for carrying into operation the enumerated powers of Congress. Congresss power to regulate the activities that affect interstate commerce seems to be the biggest argument...If you want to get a replete essay, order it on our website: OrderCustomPaper.com
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