Health Disparities

928 Words4 Pages
The Affordable Care Act’s Individual Mandate, the main component of President Obama’s health care bill, is mean t to help decrease the number of American’s who do not have any type of insurance plan, will levy a fine, not a tax, on those who do not obey the law. However, the fine is meant to be a disincentive for being uninsured. Nevertheless, what is the government’s goal in this seemingly encroaching tactic? It is to lower health care cost across the board in all states and increase patient access to healthcare. However, does this sanction the government to infringe on our personal liberties? The answer is no; the government is in practice, forcing someone to buy something that they may or may not believe they need but to compel someone to do anything that they don’t want to do is wrong. Nonetheless, the government’s right of action in this case is the legislative right and duty to uphold the Commerce Clause of the United States Constitution which gives Congress the power to levy taxes, fines, and regulate interstate commerce in order to maintain order and peace between state and federal governments.
Another instance in which the law permits the government to infringe on personal liberties is in the case of private companies in the United States which thanks to Citizen’s United vs. U.S. (2009) grants corporations, big and small, the right to provide donations to political campaigns and which gives corporations rights that are equal to an individual’s. For example, Big Tobacco advertisement and the corporation’s right to advertise on its product in the United States without the government placing burdening regulations on advertisements. In the Reynolds Tobacco case against the Federal Drug Administration (2012), the FDA claimed...

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...in equal protection challenges to gender classifications, as well as in many First Amendment right cases. For a law to survive the constitutional challenge, previous cases establish that restriction based on such classifications must serve important governmental objectives such as keeping men from a female’s bathroom to maintain the women’s right to safety and privacy. The final one is Strict Scrutiny
In order for the court to apply Strict Scrutiny, the legislature must either have significantly abridged a fundamental right with the law's enactment or have passed a law that involves a suspect classification. Suspect classifications have come to include race, national origin, religion, alienage, and poverty. Thus any law which infringes on an individual rights based of such suspect classifications as the above, are unconstitutional and are unable to stand as a law.
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