Rise of Federalism in the U.S. Term Paper

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As Cuccinelli and Getchell point out that, "The police power is the antithesis of limited, enumerated powers. Given the breadth of that power, it cannot be exercised by the federal government without overwhelming the limitations intended by the Constitution's scheme of enumerated powers" (2011, p. 293).

Conclusion

The argument can be made that the individual mandate provisions of the Patient Protection and Affordable Care Act are for the greater good by making individual consumers accountable for their own healthcare.

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Even though the purpose of the PPACA may be laudable, the research was consistent in showing that many constitutional scholars believe that the individual mandate oversteps the authority of the U.S. Congress under the Commerce Clause. Although the PPACA is currently the law of the land, it is reasonable to conclude that it will continue to face legal challenges from the attorneys general of the several states due to its individual mandate provisions......

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