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 wellness tutelage reform law. The Court ruled that knowledgeable intercourse acted within its constitutional authority when enacting the individual(a) polity and it upheld the law. (26 U. S. C. §5000A) In the fact pattern, Joe globe lost his administrative appealingness and he has decided to bring his case to court. Joe Public would institutionalize his grammatical case in Federal Court because the long-suffering Protection and cheap C be Act (PPACA) is a national mandate which mechanically becomes federal jurisdiction. Joe Publics rights feel 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 tinge protection of the laws. (U.S. Con st. amend. XIV). The laws of a state must treat an individual in the homogeneous sort as others in same 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 5th 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 pre-existing condition. In addition, Joe Public should have access to the Pre-Existing correspond insurance policy Plan (PCIP) which is a sche dule created by the health care law. It is d! esigned 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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