David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Law, Medicine & Ethics 39 (3):394-400 (2011)
Among multiple legal challenges to the Patient Protection and Affordable Care Act (PPACA) is the premise that PPACA's “individual mandate” (requiring all individuals to obtain health insurance by 2014 or face civil penalties) is inviolate of Congress' interstate commerce powers because Congress lacks the power to regulate commercial “inactivity.” Several courts initially considering this argument have rejected it, but federal district courts in Virginia and Florida have concurred, leading to numerous appeals and prospective review of the United States Supreme Court. Despite creative arguments, the dispositive constitutional question is not whether Congress' interstate commerce power extends to commercial inactivity. Rather, it is whether Congress may regulate individual decisions with significant economic ramifications in the interests of protecting and promoting the public's health. This article offers a counter-interpretation of the scope of Congress' interstate commerce power to regulate in furtherance of the public's health
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Wendy E. Parmet (2011). The Individual Mandate: Implications for Public Health Law. Journal of Law, Medicine & Ethics 39 (3):401-413.
Gwendolyn Roberts Majette (2011). PPACA and Public Health: Creating a Framework to Focus on Prevention and Wellness and Improve the Public's Health. Journal of Law, Medicine & Ethics 39 (3):366-379.
Peter West-Oram (2013). Freedom of Conscience and Health Care in the United States of America: The Conflict Between Public Health and Religious Liberty in the Patient Protection and Affordable Care Act. Health Care Analysis 21 (3):237-247.
I. I. I. Virelli & David Leibowitz, "Federalism Whether They Want It or Not": The New Commerce Clause Doctrine and the Future of Federal Civil Rights Legislation After United States V. Morrison.
Amy E. Sloan, A Government of Laws and Not Men: Prohibiting Non-Precedential Opinions by Statute or Procedural Rule.
Micah L. Berman (2011). From Health Care Reform to Public Health Reform. Journal of Law, Medicine & Ethics 39 (3):328-339.
Matthew K. Wynia (2007). Mandating Vaccination: What Counts as a "Mandate" in Public Health and When Should They Be Used? American Journal of Bioethics 7 (12):2 – 6.
Corey Rayburn Yung, One of These Laws is Not Like the Others: Why the Federal Sex Offender Registration and Notification Act Raises New Constitutional Questions.
Mark A. Hall (2011). Constitutional Challenges to Compulsory Insurance: A Guide Through the Gauntlet. Hastings Center Report 41 (2):14-15.
Lawrence O. Gostin (2010). The National Individual Health Insurance Mandate. Hastings Center Report 40 (5):8-9.
Lance Gable (2011). The Patient Protection and Affordable Care Act, Public Health, and the Elusive Target of Human Rights. Journal of Law, Medicine & Ethics 39 (3):340-354.
Eugene Kontorovich, Beyond the Article I Horizon: Congress's Enumerated Powers and Universal Jurisdiction Over Drug Crimes.
John Aloysius Cogan (2011). The Affordable Care Act's Preventive Services Mandate: Breaking Down the Barriers to Nationwide Access to Preventive Services. Journal of Law, Medicine & Ethics 39 (3):355-365.
Added to index2011-08-23
Total downloads7 ( #423,692 of 1,902,101 )
Recent downloads (6 months)1 ( #466,345 of 1,902,101 )
How can I increase my downloads?