Is Health Care Reform Constitutional

Answer 1

Nothing within either the general concept, or the specific Healthcare Reform law Is Unconstitutional. In other words, The Healthcare Reform Law is Constitutional; in mid-2012, the Supreme Court affirmed that the law is constitutional.

Persons who are not attorneys often conclude that the 9th and 10th Amendments are very powerful checks against the federal government. However, this is a common misunderstanding.

The Ninth and Tenth Amendments read as follows:

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Just because something isn't specifically mentioned in the US Constitution does not mean that the Ninth and Tenth Amendments act to prevent the federal government from getting involved. While the Constitution does provide specific powers to the three branches of the federal government, it also provides general powers to those three branches. Most actions of the three branches which have been deemed to be constitutional fall within these general powers.

For example, neither the concept of state sovereignty, nor the Ninth and Tenth Amendments prohibit the federal government from enacting a national health care reform law. In fact, such a law would be wholly consistent with the Ninth and Tenth Amendments in that such a law falls squarely within Congresses Article I, section 8 power to regulate interstate commerce.

The relevant portions of Article I, section 8 read as follows:

Section. 8. The Congress shall have Power ...

To pay the Debts and provide for the common Defence [sic]

and general Welfare of the United States;

...

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

...

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Additionally, there is a legal doctrine known as dormant commerce clause which has the effect of preventing the states from legislating within certain subjects which could conflict with Congresses power to regulate interstate commerce, even in the absence of any conflicting federal legislation.

To view a transcript of the Preamble as well as Articles I through VII of the Constitution of the United States of America, as well as a transcript of the 1st through the 10th Amendments, also known as the Bill of Rights, please feel free to click on the links to the National Archives' website which are listed below under Related Links.

To view a primer on dormant commerce clause provided by Wikipedia.org, please feel free to click on the hypertext link listed below under Related Links.