Due Process and Equal Protection

| Jurisdictional Issues| Due impact and pit Protection Clauses| | Michelle S. McLamb| 9/9/2012| | On June 28, 2012, the U.S. arrogant Court issued its decision on the intactity of the wellness tutelage cleanse law. The Court ruled that intimate intercourse acted within its constitutional authority when enacting the respective(prenominal) dominance and it upheld the law. (26 U. S. C. §5000A) In the fact pattern, Joe earthly concern lost his administrative assembling and he has decided to take aim his case to court. Joe Public would charge up his grammatical case in Federal Court because the forbearing Protection and cheap pity Act (PPACA) is a national mandate which mechanically becomes federal official jurisdiction. Joe Publics rights stir been scotchd nether The Equal Protection Clause of the fourteenth amendment of the U.S. Constitution which prohibits realms from denying all soul within its jurisdiction the tinct protection of the laws. (U.S. Const. amend. XIV). The laws of a state must treat an individual in the homogeneous style as others in equal conditions and circumstances. The 14th amendment is non by its name applic suitable to the federal government.

Actions by the federal government, however, that classify individuals in a discriminatory expressive style will, nether similar circumstances, violate the due process of the fifth part Amendment. (U.S. Const. amend. V). Joe Publics rights were violate because according to the PPACA, he should be able to obtain health insurance regardless of his preexisting condition. In addition, Joe Public should nominate access to the Pre-Existing moderate insurance policy invention (PCIP) which is a program created by the health c atomic number 18 law. It is intentional to provide affordable health coverage for population who were other 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 psyches pre-existing condition. To cast away 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: Ordercustompaper.com

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