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Topic: 10th Amendment Arguement

Thesis Statement: Did the Health Care Law violate the 10th Amendment?

The point is, based upon the 10th Amendment, when it comes to legislating and controlling our health care, the federal government doesn’t have a constitutional leg to stand on. And even its past violations of the 10th Amendment by implementing government health-care services have proven to break more national legs than mend them. The proof is in the pudding. How many times does it have to be pointed out to Washington? Medicare* is going bankrupt. Medicaid* is going bankrupt. Case closed. The government is inept in running America’s health-care system… Today, health care reform has been signed into law* by President Obama. It is a landmark legislation that has been said to have taken nearly a century to put into place. Despite the historic implications of this reform in health care, some do see this bill as just as a start to fixing the current Medicare and Medicaid systems. It was not an easy bill to pass*, and took over a year to pass. Just because this bill was signed, the controversy surrounding the bill is still there. The states are upset that they will not be reimbursed by the government. According to Florida Attorney General Bill McCollum, Florida cannot afford the reform. McCollum is also expecting the Supreme Court to sort out the Constitutional legality of the issue.

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We should have the option to wether we should pay for health care. Instead of the goverment making us pay for it because in the 10th amendment is says that "Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled", and the health care law isn't giving us those rights. But then again the 10th amendemt seems to broad for the Healthcare law and the states are using a nullification tactic, which is very loosely defined itself under the 10th Amendment. That is different because most of the complaints would make more sense under Article 1. Federalism is not clearly defined in the document so it's kinda hard to say if that aspect is constitutional, but there may still be a case. So there are many conclusions that can be made because of the different point of views.


Politics and Pucks
The Washington Independent
The Next Right




Peer Review: My point of view is that they are violating the 10 amendment because the 10 amendment is that all right to states or also have the right to vote and they never asked no states to vote they just went ahead and made the Health Care law.