Federalism in Comparison to the Commerce Clause and the Taxing and Spending Clause

In regard to basic human rights, life, liberty, education, and freedom of expression often come to mind as a few of mankinds fundamental entitlements. The United States of America, in particular, prides itself in its ability to be one of the few countries that still allows its citizens to practice many of these rights without fear of persecution or discrimination. Even so, these rights are becoming harder to come by and even more difficult to identify, even in the States, as division arises among parties and belief systems. Healthcare, for example, has stirred much turmoil in the United States as proper medical care is necessary to sustain life, but the expense is not something that many citizens can bare. Lawmakers and legislators have been trying to solve this dilemma for years, as they struggle to find a balance between proper coverage and affordability for all. This proposes another question: Is it constitutional for the government to require hea

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lthcare insurance for all United States citizens and penalize those who do not participate – specifically when evaluating the terms of the Commerce Clause and the Taxing and Spending Clause? In doing so, does pressuring States into compliance by threatening to minimize Medicaid funding violate the principles of federalism and ultimately compromise the American standard of healthcare? These questions, as well as many others, boggled the minds of citizens and congressmen and women alike, which quickly brought this issue to the forefront of the United States Supreme Court. In National Federation of Independent Business v. Sebelius, the United States Supreme Court justices reviewed these concerns and ultimately ruled in favor of the Patient Protection and Affordable Care Act, even though some still doubt whether this was the proper solution to the healthcare crisis in America, especially with the recent development of the Tax Cuts and Jobs Act of 2017.

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