Health care Essay Example | Topics and Well Written Essays - 750 words - 1

Health care - Essay Example The judge declared parts of Affordable Health Care Act inconsistent with the intentions of the constitution which guarantees all citizens the right to choose, therefore, according to the judge, the act was unconstitutional. In his ruling, Federal Judge Henry Hudson hinged his judgment on whether the government the mandate to force every individual citizen to purchase health insurance. Based on this opinion, the federal judge rejected the government's argument that to purchase health insurance was a form of tax. The judge noted that in putting in place the Affordable Health Care Act, the act’s regulatory scheme was conceived as an application of Commerce Clause powers. The federal judge rejected any attempt to stretch the Commerce Clause in order to allow the government mandate the insurance purchases, claiming that such a move would open the gate to unrestrained federal power. For the federal government’s penalty due to noncompliance to be effective under the law, the j udge opines that it must aim to affect a legitimate exercise of the Commerce Clause. Further, Federal Judge Henry Hudson sees the Affordable Health Care Act being about more that the issue of designing a scheme of universal health insurance coverage or regulation of insurance business. According to the judge, the core of the matter is an individual's right to choose to take part in the scheme. Support his stand, the federal judge notes that the Constitution had given congress specific powers. Therefore, the judge claims that power that the constitution does not give the federal government is reserved to the states while those not outlawed are reserved to the citizens. Even as Federal Judge Henry Hudson declared the Affordable Health Care Act unconstitutional, Judge George Caram Steeh found the act constitutional in the ruling of the Thomas More Law Center v. Obama case in which the judge gave an order denying plaintiff’s motion. In his opinion, Judge Steeh noted that a refusa l to get insurance amounted to an example of an activity that affect interstate commerce to a large extend. According to the judge, those who selects not to get insurance cover have in effect, made an active decision to pay for their medical expenses from their pockets. This decision, the judge added, had an impact on taxpayers, health care providers, and the insured citizens who will have to foot the bill for those who do not take insurance cover. Further, Judge Steeh claim although the matter on constitutionality of the Affordable Health Care Act presented an issue of first impression, there was a rational ground to make conclusions that decisions not to take insurance cover increased the cost of coverage, therefore affecting interstate commerce. From the point of views presented by Federal Judge Henry Hudson and judge Steeh, it is my opinion that Federal Judge Henry Hudson presents a better argument. The government should recognize its citizen’s right of choice. To penaliz e those that do not take the insurance cover is paramount to dictating to them the kind of medicine they should take when they get sick. People have the right to decide the kind of treatment they need and at what time. Although it is a noble effort that would guarantee medical service to many deserving citizens, the federal government, through the Affordable Health Care Act has no legal right to force citizens to take medical cover. If the

Case study Example | Topics and Well Written Essays - 1000 words - 10

Case Study Example Oscar then graduated from a community college before he worked for a local jewelry shop. Despite the fact that he didn’t know much about diamonds, Oscar was still able to receive diamonds and a Diamond Grading Certificate thanks to his hard work. Rodriguez later opened a jewelry store of his own. After some of his customers told him there were better deals in the internet, Rodriguez decided to try selling on the internet too. After a while, he found a diamond dealer willing to give him diamonds which he started selling on the internet. After this his business grew enabling him to close the store he had opened and to become an entrepreneur who was savvy. In 2003, his company, Abazias.com went public. While it is true that Rodriguez was at the right place at the right time, there are also other factors that contributed to his success. His success can be attributed to the advice that was given to him by girlfriend to his roommate (Robbins & Judge, 2009). It is this advice given to him that sparked his curiosity leading him to start selling diamonds online. Mr. Rodriguez was worked very hard and this enabled him to open his own jewelry shop. Courtesy of his commitment, Oscar continued his education even receiving Diamonds and Diamonds Grading certification. Mr. Rodriquez had a vision. After he realized that his job as at the local jeweler would not help him achieve the goals he had set out to achieve, he started exploring other options that were available to him (Briggs Myers, McCaulley, Quenk, Hammer, & Mitchell, 2009). He even went ahead and started learning everything that there was to learn about diamonds. The other character that made Mr. Rodriquez successful was the fact that he was an ambitious man. He examined his situation and realized that his job, then, did not give him the opportunities for growth. He told himself that he would never become anything if he continued to work in his present job† (The Gainesville Sun,