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Health Insurance and the Broccoli Test
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Einer Elhauge, professsor of law and founding director of the Petrie-Flom Center in Health Law Policy at Harvard University, says there are limits to Congressional powers under the Commerce clause such as enacting a law requiring Americans to eat broccoli. If the health care law required all Americans to subject themselves to health care this would be the case. But the law only requires all to buy insurance so that insurance can cover the costs of healthcare for all. He points to the "necessary and proper clause" as also authorizing the health care mandate. That clause gives Congress the power to pass laws that are "rationally related" to execution of constitutional powers, such as criminalizing the interference with mail, on the basis of the constitutional power to setup post offices. In this case the health care law mandate is related to the constitutional power to regulate premiums and prohibit rejecting the sick, says Elhauge.
The U.S. Supreme Court and the Affordable Care Act (Obama U.S. health care law)
11/03/2011
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The Obama Health Care Law that passed the U.S. House of Representatives by 220 to 215 on November 7, 2009.
11/09/2009
Health care reform legislation efforts and the political difficulties that they ran into in Congress. The new health care law passed over Republican opposition in Congress.
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Health Insurance and the Broccoli Test
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Obamacare: The reckoning - The Washington Post
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Judicial rulings on the healthcare law
02/01/2011
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Chief Justice John Roberts’s health-care ruling gets plenty of second-guessing - The Washington Post
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Wall Street Journal 02/01/2011
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Health Insurance and the Broccoli Test
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Obamacare: The reckoning - The Washington Post
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Past Denials of Vulnerability Raise Health Act What-Ifs
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The U.S. Supreme Court's review of the health care law in 2012 and the Wickard-Filburn decision of 1940
11/15/2011
In the Wickard-Filburn decision the U.S. Supreme Court unanimously ruled against an Ohio farmer, Mr. Filburn, who questioned a federal law that imposed a penalty for every extra bushel of wheat grown beyond a stipulated amount. The briefs presented by both parties present arguments about what are the limits of federal power under its powers to regulate interstate commerce and in what circumstances- with the Obama administration arguing that it imposes larger costs on people in all states if some people refuse to buy insurance.
Linked Articles
At Center of Health Care Fight, Roscoe Filburn's 1942 Case
New York Times 03/19/2012
Health Insurance and the Broccoli Test
New York Times 11/15/2011
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