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Unconstitutionality of the Affordable Care Act

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Submitted By smartypants829
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The Affordable Care Act (ACA)—also known as Obamacare—was signed into law on 23 March 2010 and purports to provide affordable quality healthcare for all Americans while simultaneously reducing growth in healthcare spending. For example, in 2008 alone, the uninsured received around $43 billion in “uncompensated care” (Vinson, 2011). However, the ACA is not about health care at all. According to Vinson (2011), the Act is fundamentally about the US’s federalist system and the steady erosion of the Constitution, thus increasing the risk of tyranny. Consequently, the ACA is not affordable as it penalizes individuals for failing to participate in this federal governmental socialized healthcare system but is also unconstitutional on a number of levels.
The Tenth Amendment of the US Constitution was ratified in 1791 and states that “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” (TCC, n.d., p. 1). This concept was reiterated by James Madison who, in Federalist No. 45, wrote:
The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State (TCC, n.d.).
These passages affirm states’ rights to govern themselves in all matters which are not specifically delegated to the federal government by the Constitution. However, since the

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