Constitutional Arguments Against Federal Healthcare Reform

Constitutional Arguments Against Federal Healthcare Reform

Healthcare reform has been a hot buzzword for the past eighteen months. A search of Google trends shows it nearly non existent prior to summer of 2009 (Google trends, 2011). It is a complicated, multi-layered topic that is difficult to succinctly form an opinion on although hundreds of pollster continue to try to gauge public attitude with simple yes or no or multiple choice questions. Regardless of whether you believe healthcare is a right or a freedom, a business or a foundation of modern society, one question that must be answered before anything else is what responsibility and role does our representative democracy have in healthcare for its people.…show more content…
One of the main challenges against this legislation involves the individual mandate requiring people to carry health insurance or pay a fine, otherwise called shared responsibility payments, to the government. There are several arguments used in these cases referencing the Constitutional powers and limitations of our government; these include the ninth and tenth amendment and article 1.
The Ninth Amendment states “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” (U.S. Const. amend. IX). One of the fears some of the founders had was that if there was a bill of rights added to the constitution it could be interpreted as an inclusive list of the only rights Americans had. Madison stated
It has been objected also against a Bill of Rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed…show more content…
(2011, January 10). The constitution in one sentence: Understanding the tenth amendment. Retrieved from http://www.heritage.org/Research/Reports/2011/01/The- Constitution-in-One-Sentence-Understanding-the-Tenth-Amendment
Google trends. Healthcare reform. Retrieved from http://www.google.com/trends?q=healthcare+reform&ctab=0&geo=all&date=2009&sort =0
Lincoln, A. Gettysburg Address. 1863. (2011). In Encyclopedia Britannica. Retrieved from http://www.britannica.com/EBchecked/topic/232225/Gettysburg-Address

Madison, James. (1789, June 8). Speech introducing the Bill of Rights. Retrieved from http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss11.html
Rosenbaum, Sara. (2010, October 27). A “Broader regulatory scheme” -- the constitutionality of health care reform. New England Journal of Medicine. Retrieved from http://healthpolicyandreform.nejm.org/?p=12896
Seven-Sky v. Holder, 2010. (District of Columbia ). Retrieved from http://www.aclj.org/media/pdf/HC-DCT-Complaint_20100609.pdf
Tapper, Jake and de Vogue, Ariane. (2010, December 13). White house reacts to judge’s ruling against health care law. ABC News. Retrieved from http://blogs.abcnews.com/politicalpunch/2010/12/white-house-reacts-to-judges-ruling- against-health-care-law.html
U.S. Const. amend. IX.
U.S. Const. amend.