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Affordable Care Act and Corporations

In:

Submitted By Dsalinas
Words 2924
Pages 12
Diego Salinas, Matt Hammer, and Daniel Mishkin
Facts
The First Amendment of the United States Constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of Grievances.” Numerous cases discuss whether corporations have First Amendment rights, however only few cases discuss whether the Free Exercise Clause of the First Amendment applies to corporations. In Central Hudson v. PSC (1980) and Citizens United v. Federal Election Commission (2010) the Supreme Court ruled that the First Amendment protects corporations’ commercial speech and political speech, respectively. In Santa Clara Company v. Southern Pacific Railroad (1886) the court ruled that the equal protection clause of the Fourteenth Amendment applies to corporations. The issue of whether the Affordable Care Act violates individuals’ rights to Free Exercise of Religion has also been a hotly debated topic. The Supreme Court Case Church of the Lukumi Babalu Aye v. Hialeah (1993) discussed whether the government can give ordinances that violate an individual’s right to Free Exercise. The Supreme Court Case Shervert v. Verner (1963) showed that a company cannot not provide an employee with compensation benefits if it interferes with the employee’s right to Free Exercise.
Issue
Should corporations receive the same First Amendment Rights as individuals?
Rule
Multiple issues pertain to this situation. The First Amendment of the United States’ Constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the

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