Which seems like a great idea, a fair idea, a constitutional idea. Yet is has negatively affected a wide range of individuals and as some may argue, it raises questions of constitutionality. In an article found in The Washington Times, writer Robert Knight states, .
Article 1, Section 8 gives congress the power to regulate commerce and levy taxes. It does not give congress the power to force Americans to engage in commerce. During policy debates in 2009, the White House denied that the Affordable Care Act's individual mandate was a "tax"." But in court, the administration argued that it was a tax after all.
Simply stated, President Obama's Affordable Care Act is unconstitutional because it is forcing Americans to buy health insurance and not doing so will result in a civil penalty. "The mandate is unprecedented and exceeds Congress's power to regulate interstate commerce. If it is allowed to stand, Congress will be able to impose any kind of economic mandate as part of any kind of national regulatory scheme" (Shapiro). .
In addition to the Affordable Care Act is the newly promoted topic of graphic tobacco warnings. Last year the FDA issued regulations that were to require and force cigarette manufacturers to display very graphic pictorial warnings on their cigarette packages. Exemplifying the health risks in such a way is an attempt to discourage smoking. Though, forcing manufactures to do so would violate their first amendment rights and sabotage their sales and revenue by ultimately discouraging their customers from purchasing their items. A federal judge has blocked the new regulation, but doing so has merely postponed it because the administration is appealing. "Late last year, the FDA issued regulations requiring cigarette manufacturers to display graphic warnings on all packs of cigarettes that must cover at least 50% of the packaging and graphically portray tobacco-related illnesses"" (Shapiro).
