August 12, 2013
Title: The Affordable Care Acts In March 2010, the Affordable Care Act, also known as Obamacare, was passed and signed into federal law. The will in essence provide affordable healthcare to millions of Americans that are unable to afford it otherwise. Still there are two very strong and separated views on the issue of this new national healthcare plan. Questions on the constitutionality of the plan are thick in the air and a matter of serious debate, and there is no question why; both sides have very valid arguments. The answer is, the law breaches a line protecting our liberty, yet can surely on some level be considered a Positive Liberty as the government is providing healthcare for the millions of Americans who are unable to get it on their own (Levin-Waldman, 2011, p 16).
While some are for Obamacare and others against it, many may not truly understand where the bill stands when it comes to the constitution and the liberty promised to all Americans in the declaration of independence over two centuries ago. Some may be in favor of the new law because they will benefit from it and others against it because they will be the ones that will bear the cost in some way. This is a good example of regulation and how it involves limiting the rights of some for the benefit or protection of others, in this case in the form of providing health care to those who would otherwise not have access or the means for it (Levin-Waldman, 2011, p 15). Either way, thanks to the Framer’s generalization of the Constitution, the constitutionality of the bill can be interpreted in many ways and is not clearly in violation of the constitution, as proved after thirty six repeals of the law by republicans in congress have failed.
On one side, Obamacare sets out to solve a devastating problem for many Americans; the lack of access to healthcare. It will insure that all Americans will be covered with medical insurance and further; all Americans will be required by law to obtain medical insurance for themselves and their families or be faced with a fine. It is easy to see the fine line this law teeters on. On the one hand, government is providing healthcare, a positive liberty to those unable to get it on their own. You could even say that before Obamacare, medical care was a liberty that was denied those people that did not have access to it. On the other hand, Americans are being forced to purchase something from a private company. Here is where federalism comes into play. State sovereignty is also under attack many argue as government is stepping in to enforce such a debatable law.
There are other cons associated with Obamacare that are cause for concern. Many worry that under the new plan, our care will suffer. An estimated 700,000 physicians or less would be available to treat a patient population growing in size and aging in years. People will be discouraged from pursuing medical…