Requiring Individuals to Obtain Health Insurance : A Constitutional Analysis

Author / Creator

Library of Congress. Congressional Research Service

Available as

Online

Summary

Analyzes constitutional issues raised by passage of P.L. 111-148, the Patient Protection and Affordable Care Act, which requires individuals to purchase health insurance. Analyzes authority of Cong...

Analyzes constitutional issues raised by passage of P.L. 111-148, the Patient Protection and Affordable Care Act, which requires individuals to purchase health insurance. Analyzes authority of Congress to pass a proposal to this effect; and considers how a court could analyze constitutional challenges to this type of proposal on grounds of due process, equal protection, takings clause, or the Federalist principle as enshrined in the Tenth Amendment. Assesses whether there must be exceptions to a requirement to purchase health insurance based on First Amendment freedom of religion. Summarizes legal challenges to the individual responsibility requirement.

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