Journal of Law, Medicine & Ethics, Elizabeth Essay

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Journal of Law, Medicine & Ethics, Elizabeth Weeks Leonard (2011) raises some of the legal issues attendant upon the new Affordable Care Act in regards to state vs. federal rights. The tenets of federalism, according to Weeks (2011), promote the rights of individual states above the rights of the federal government, which should be limited and narrowed inasmuch as is practically possible. The federal oversight and mandates that are built into this piece of legislation have been objected to by many states and individuals as overly intrusive, and Weeks (2011) provides an analysis of why the Affordable Care Act is objected to as a matter of law and as a matter of principle. Understanding this issue requires an understanding of the nature, sources, and functions of law as they are perceived in the United States in regards to healthcare.

The nature of laws in the United States are perceived by many not to ensure the public good, but to protect the rights of each and every individual (Gonzales 2010).

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That is, it is more important for many -- especially those that subscribe to a very strict federalist view -- that choice and freedom be as absolute as possible than it is to ensure public and societal well being and stability beyond a bare minimum level (Gonzales 2010; Weeks 211). The nature of law in a federalist society, according to this view, is more about defining the limits to which a government will or is allowed to become involved in certain issues, rather than about defining specific interventions. The law will of course define these specifics as well, but in this view it is not their primary nature or, as shall be shown, their primary function.

The Affordable Care Act demands that all individuals obtain some sort of health insurance, and as such functions not as a limit on government….....

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