Pros And Cons Of National Federation Of Independent Business Vs Sebelius
477 Words2 Pages
Melanie Jenkins-Period 3
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In National Federation of Independent Business (NFIB) v. Sebelius, the NFIB, many individuals, and 25 states allied against the Affordable Care Act (ACA) and presented their grievances to the Supreme Court declaring this act unconstitutional. The ACA is a “mandate [that] requires most Americans to maintain 'minimum essential' health insurance coverage,” and those who do not are subject to a payment which Congress describes as a “penalty” or “tax.” The ACA also authorizes the federal government to take away state funding for Medicaid under certain circumstances. The case had been presented a multitude of times to the Supreme Court by various plaintiffs, which enhanced the severity of the issue; therefore, the Courts felt…show more content… Congress levies the power to “lay and collect taxes on incomes...without apportionment among the several States, and without regard to any census or enumeration.” The plaintiffs argued the ACA was unconstitutional because “the individual mandate cannot be upheld as an exercise of Congress’s power under the Commerce Clause. That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it.” Congress does not abuse any power by putting a tax on the American people when they do not purchase health insurance; however, the Courts reached the agreement that Congress cannot force people to engage in purchasing health insurance. Congress can tax its people, as this power is vested in them by the Constitution, but Congress can not cut off funding for Medicaid because “Congress has no authority to order the States to