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Books > Social sciences > Sociology, social studies > Social welfare & social services > Welfare & benefit systems
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The Tough Luck Constitution and the Assault on Healthcare Reform (Hardcover, New)
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The Tough Luck Constitution and the Assault on Healthcare Reform (Hardcover, New)
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The legal challenge to the Affordable Care Act, and the Supreme
Court's decision to uphold the law, is quite possibly the most
momentous Supreme Court case on the issue of federal power in our
era. Yet, despite the Court's ruling, the issue of health care
reform is still an incredibly divisive issue. For the left, the
federal government has the power to regulate interstate commerce,
and the health insurance industry surely falls under the definition
of interstate commerce. For conservatives, the individual mandate
is the core of the plan, and it represents an egregious erosion of
individual rights and liberties. Andrew Koppelman, a leading
constitutional scholar and an expert on the issue, thinks that the
constitutional arguments against it are spurious, and in The Tough
Luck Constitution and the Assault on Health Care Reform, explains
why. After walking readers through the 125-year modern history of
Supreme Court cases dealing with the regulation of commerce,
Koppelman tackles the arguments for and against the law. He
contends that the New Deal established that that federal government
had broad power over interstate commerce. If most commerce in a
modern, complex economy like the US amounts to interstate
commerce-as case law currently holds-then surely health care, which
constitutes one sixth of the economy and is dominated by an
insurance industry that crosses state lines, is interstate commerce
too. Koppelman's book closes with an analysis of the final
decision. The Tough Luck Constitution and the Assault on Health
Care Reform is an authoritative account of the issue-one that not
only carries great implications for the upcoming presidential
election, but which also serves as a definitive analysis for years
to come.
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