Due Process and Equal Protection

| Jurisdictional Issues| Due Process and Equal Protection Clauses| | Michelle S. McLamb| 9/9/2012| | On June 28, 2012, the U.S. Supreme Court issued its decision on the constitutionality of the health tutelage reform law. The Court ruled that internal intercourse acted within its constitutional authority when enacting the mortal economy and it upheld the law. (26 U. S. C. §5000A) In the fact pattern, Joe globe lost his administrative magical spell and he has decided to bring his case to court. Joe Public would commove his grammatical case in Federal Court because the patient of Protection and cheap C ar Act (PPACA) is a federal official mandate which mechanically becomes federal jurisdiction. Joe Publics rights make water been violated nether The Equal Protection Clause of the fourteenth amendment of the U.S. Constitution which prohibits states from denying all person within its jurisdiction the touch on protection of the laws. (U.S. Const. amend . XIV). The laws of a state must treat an individual in the homogeneous demeanor as others in akin conditions and circumstances. The 14th amendment is non by its terms applic suitable to the federal government.

Actions by the federal government, however, that classify individuals in a discriminatory manner will, nether similar circumstances, violate the due process of the one-fifth Amendment. (U.S. Const. amend. V). Joe Publics rights were violated because according to the PPACA, he should be able to obtain health insurance regardless of his preexistent condition. In addition, Joe Public should have access to the Pre-Existing educate insurance policy Plan (PCIP) which is a course of instruction created by the health care la! w. It is designed to provide affordable health coverage for population who were otherwise locked out of the private system. The program also serves as a bridge to 2014, when insurance companies are prohibited from refusing to apportion coverage based on soulfulnesss pre-existing condition. To qualify for PCIP, you must have a pre-existing condition, be a U.S. citizen or...If you want to get a full essay, pitch it on our website: OrderEssay.net

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