WHY WE SHOULD GIVE HEALTHCARE A CHANCE:

A C O M PA R AT I V E A N A LY S I S O F E V O LV I N G E C O N O M I C JURISPRUDENCE & POLICY

FA L L 2 0 1 2 POSC 470 D R . D AV E P E T E R S B Y: Z A C H A R Y F I G U E R O A

THESIS
Although some maintain that a strictly free market approach to the healthcare industry might still be necessary, an evolution of domestic economic policy may support the current shift in America toward healthcare nationalization and lend credence to the subsequent Supreme Court decision, National Federation of Independent Business v. Sebelius, 567 U.S. ___ (2012).

NATIONAL FEDERATION OF INDEPENDENT BUSINESS V. SEBELIUS, 567 U.S. __ (2012).

The Federal Governments arguments for constitutionality:
The Commerce Clause The Necessary & Proper Clause Federal Taxing Powers

We do not consider whether the Act embodies sound policies. That judgment is entrusted to the Nations elected leaders. We ask only whether Congress has the power under the Constitution to enact the challenged provisions. - Chief Justice John Roberts, NFIB v. Sebelius, 567 U.S. ___ (2012), 2.

THE COMMERCE CLAUSE

The power to regulate commerce presupposes

the existence of commercial activity to be regulated. The individual mandate compels individuals to become active in commerce by purchasing a product and their failure to do so affects interstate commerce. The Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do.

THE NECESSARY & PROPER CLAUSE

The individual mandate vests Congress with the

extraordinary ability to create the necessary predicate to exercise an enumerated power and draw within its regulatory scope those who would otherwise be outside of it. The individual mandate is necessary to the Affordable Care Acts other reforms; however, such an expansion of federal power is not a proper means for making those reforms effective.

FEDERAL TAXING POWERS

the mandate as imposing a tax on those who do

not buy the product being offered. The payment is not so high that there is really no other choice but to buy health insurance The payment is collected solely by the IRS through the normal means of taxation.

A NEW ECONOMIC THOUGHT

Should we embrace new regulation and the infusion of capital into healthcare and other industries in order to promote a more equal balance of representation and a more secure domestic economy?

CONTRA-NEOCLASSICAL ECONOMIC THOUGHT

Active government involvement in the economy & increases in public spending on:
Education Physical Infrastructure Healthcare Military Research & Development

Nearly every economic analysis of the health care industry rests on the observation that individually purchased private insurance is not a viable business model for providing medical services. Such insurance is broadly affordable only if most policy holders are healthy most of the time. - Robert Frank, Giving Health Care a Chance to Evolve