Are you one of the many people in the United States that is extremely concerned about the government’s new health care reform? You then are not alone. Many American citizens are trying to understand the ramifications this program will have them personally and there is a large group who feel the government has gone too far. They say the mandated program is a imposing on their constitutional rights.
Michigan was the first state to have a mandated health care insurance program. It was challenged and went before the judicial system. A judge ruled for the government saying they were within the law. He noted the government action as constitutional by stating a segment of the law that sites that the U.S. Government has the right to regulate interstate commerce. People at the Thomas More Law Center disagree and plan on taking it to the Supreme Court.
In past history, you will see a number of times the government has tried to used the commerce section of the law to its own advantage. In 1942, in Wickard vs. Filburn, they used this law when farmers wanted to grow wheat for their own consumption or in Gozales vs. Raich, the Supreme Court stated the government can prohibit the growth of marijuana for personal consumption.
In the other cases, government prohibited an action from being taken but here would be the first time government if forcing the citizens to buy something. Some people are wondering whether the Supreme Court will rule the healthcare reform unconstitutional when the judicial system is part of the government itself.
Only time will tell whether this mandated program is unconstitutional and it will probably be tied up in the court system for a while. In the meantime, the American people will wait and see how the new reform will affect their personal situations and their pocketbooks. The new healthcare plan is to be implemented in stages so the impact may not be initially determined. If and when a ruling does come down from the courts, it will be interesting to see how its decision will impact the healthcare program.