Emerson Bennett October 29, 2013 Block 2 PUBLIC POLICY

National Federation Of Independent Business V. Sebelius National Federation of Independent Business v. Sebelius (Kathleen Sebelius, Secretary of Health and Human Services) Heard on March 28, 2012 Decided that same year on June 28 Final vote was 5-4

PRIOR EVENTS Not all Americans had or wanted healthcare and not all could afford it President Obama wanted to provide healthcare for everyone President Obama signed the Patient Protection and Affordable Care Act into law on March 23 rd, 2010

IMPORTANT CLAUSES Necessary and Proper Clause (Article I, Section 8) Congress has the power to do whatever is necessary and proper to carry out their duties Commerce Clause (Article I, Section 8, Clause 3) Congress has the power to commerce trade with foreign countries, states and Indian tribes Taxing (Spending) Clause (Article I, Section 8, Clause 1) Congress has the power to lay and collect taxes where the money that is collected will go toward the benefit of our country

ARGUMENTS OF THE PLAINTIFF Plaintiff: National Federation of Independent Business The NFIB says that the ACA is unconstitutional because -States are forced to enact the Affordable Care Act or they will loose money for Medicaid -Paying a “penalty” is not constitutional

ARGUMENTS OF THE DEFENDANT Defendant: Kathleen Sebelius The punishment for not having health care is a tax not a penalty Her argument was: The Commerce Clause The Necessary and Proper Clause The Taxing Clause

AMICUS CURIAE BRIEFS Judicial Watch filed an amicus curiae brief Judicial Watch is a company that “investigates and fights government corruption” February 13, 2012 (Filed before the court argument) Judicial Watch said that the ACA was considered unconstitutional because Congress was exceeding their commerce power and it’s taxing power “Congress’ power is not broad enough” Did this on behalf of 26 other states

States that Judicial Watch filed an Amicus Curiae Brief on Their Behalf 1.Alabama 2.Alaska 3.Arizona 4.Colorado 5.Georgia 6.Florida 7.Idaho 8.Indiana 9.Iowa 10.Kansas 11.Louisiana 12.Maine 13.Michigan 14.Mississippi 15. Nebraska 16. Nevada 17. North Dakota 18.Ohio 19.Pennsylvania 20. South Carolina 21.South Dakota 22.Texas 23.Utah 24.Washington 25.Wisconsin 26.Wyoming

SUPREME COURT’S DECISION The court voted 5-4 on June 28, 2012 Declared constitutional Chief Justice John Roberts declared it unconstitutional under the Commerce Clause, Necessary and Proper Clause Chief Roberts disagreed with the government when they said that all citizens will eventually need healthcare Chief Roberts said it was constitutional because of Congress’ taxing power With the majority vote and Chief Roberts saying that Congress’ taxing power was enough of a reason, the ACA was declared constitutional.

THE PRECEDENT Now it is constitutional to make you pay a tax for not having health care It is also now constitutional to make you buy health care

DISSENTING OPINION Justices that filed a dissenting opinion: Antonin Scalia (R), Anthony Kennedy (R), Clarence Thomas (R), Samuel Alito (R) Argued that it exceeds federal power because it forces Americans to have healthcare and it denies the states money for Medicaid if they don’t use the new system The dissenters wanted Medicaid completely gone

Justice Antonin Scalia Justice Anthony Kennedy Justice Clarence Thomas Justice Samuel Alito Justices that filed an Amicus Curiae Brief

LONG TERM EFFECTS Recently we experienced a government shutdown The Republicans in Congress did not want the legislation to pass Congress had to decide on a budget for the fiscal year but they could not because the budget would higher if the ACA was enacted The longer the government was shutdown, the worse of the effect it had our economy Require Americans to have health care or pay a tax

KATHLEEN SEBELIUS Secretary of Health and Human Services Recently, the Obamacare website was launched and soon after, it crashed It was reported that the government did not test the website before starting it Sebelius has gotten many calls from Republicans and others asking her to resign 33 Republican Congress members sent a letter to Obama giving him reasons why she should resign Sebelius is not listening to what the people have to say because they are “People I (Sebelius) don’t work for” She said that her main focus now is to get the website working

Dave Ramsey On The Affordable Care Act This website has the link to a video explaining the Affordable Care Act in a very simple, easy to understand way

WEBSITES USED constitutionality-of-obamacare/ constitutionality-of-obamacare/