A Mere Machine: The Supreme Court, Congress, and American Democracy
On June 28, 2012, the Supreme Court ruled for the fi rst time in seventyfi ve years that Congress had exceeded the limits of its powers under the Spending Clause, the clause of Article I, Section 8, empowering the Congress “to pay the Debts and provide for the common Defence and general Welfare of...
| Main Author: | Anna Harvey |
|---|---|
| Format: | eBook |
| Language: | Bahasa Inggris |
| Published: |
Yale University Press
2013
|
| Subjects: | |
| Online Access: |
http://oaipmh-jogjalib.umy.ac.idkatalog.php?opo=lihatDetilKatalog&id=52528 |
| id |
oai:lib.umy.ac.id:52528 |
|---|---|
| recordtype |
oai_dc |
| spelling |
oai:lib.umy.ac.id:525282021-06-16T13:06:21ZA Mere Machine: The Supreme Court, Congress, and American DemocracyAnna HarveyUnited States, Supreme Court,Judicial power—United States, Judicial independence—United States, Separation of powers—United States, Political questions and judicial power, American DemocracyOn June 28, 2012, the Supreme Court ruled for the fi rst time in seventyfi ve years that Congress had exceeded the limits of its powers under the Spending Clause, the clause of Article I, Section 8, empowering the Congress “to pay the Debts and provide for the common Defence and general Welfare of the United States.â€1 Striking a key component of the Patient Protection and Affordable Care Act, signed by President Barack Obama in March of 2010, the Court ruled that Congress could not withhold all federal Medicaid funds from states choosing not to participate in the substantial expansion of Medicaid envisioned by the Act. Instead, states choosing not to participate in the program’s expansion would simply lose the additional federal monies available under the Act to partially fund that expansion. In effect, the Court made the states’ participation in the Affordable Care Act’s Medicaid expansion, an expansion that had been predicted to extend health insurance to approximately 22.3 million previously uninsured low-income individuals, a purely voluntary choice.2 The Court’s Spending Clause ruling initially attracted little attention from observers focused on its ruling, in the same case, that Congress could levy a penalty on certain categories of individuals choosing not to purchase private health insurance. But the signifi cance of the Court’s Medicaid ruling soon became apparent. Within days of the ruling the Republican governors of some of the states with the largest populations of potential recipients under the proposed Medicaid expansion had announced that they would resist any efforts to participate in that expansion, a resistance that would have been virtually unthinkable prior to the Court’s ruling.3 Other governors announced that they might consider participating in Medicaid’s expansion, but only under broad waivers from program requirements that would allow them to limit recipients’ eligibility and benefi ts; the Court’s ruling had given these governors the leverage to demand such waivers.4 The emboldened opposition to Medicaid’s expansion in these states began to put pressure on neighboring states, which would likely face an infl ux of potential Medicaid recipients should they expand eligibility and benefi ts while their neighbors did notYale University Press2013eBookebook 282Bahasa Inggrishttp://oaipmh-jogjalib.umy.ac.idkatalog.php?opo=lihatDetilKatalog&id=52528 |
| institution |
Universitas Muhammadiyah Yogyakarta |
| collection |
Perpustakaan Yogyakarta |
| language |
Bahasa Inggris |
| topic |
United States, Supreme Court,Judicial power—United States, Judicial independence—United States, Separation of powers—United States, Political questions and judicial power, American Democracy |
| spellingShingle |
United States, Supreme Court,Judicial power—United States, Judicial independence—United States, Separation of powers—United States, Political questions and judicial power, American Democracy Anna Harvey A Mere Machine: The Supreme Court, Congress, and American Democracy |
| description |
On June 28, 2012, the Supreme Court ruled for the fi rst time in seventyfi
ve years that Congress had exceeded the limits of its powers under the
Spending Clause, the clause of Article I, Section 8, empowering the Congress
“to pay the Debts and provide for the common Defence and general
Welfare of the United States.â€1 Striking a key component of the Patient
Protection and Affordable Care Act, signed by President Barack Obama
in March of 2010, the Court ruled that Congress could not withhold
all federal Medicaid funds from states choosing not to participate in the
substantial expansion of Medicaid envisioned by the Act. Instead, states
choosing not to participate in the program’s expansion would simply lose
the additional federal monies available under the Act to partially fund
that expansion. In effect, the Court made the states’ participation in the
Affordable Care Act’s Medicaid expansion, an expansion that had been
predicted to extend health insurance to approximately 22.3 million previously
uninsured low-income individuals, a purely voluntary choice.2
The Court’s Spending Clause ruling initially attracted little attention
from observers focused on its ruling, in the same case, that Congress
could levy a penalty on certain categories of individuals choosing not
to purchase private health insurance. But the signifi cance of the Court’s
Medicaid ruling soon became apparent. Within days of the ruling the
Republican governors of some of the states with the largest populations
of potential recipients under the proposed Medicaid expansion
had announced that they would resist any efforts to participate in that expansion, a resistance that would have been virtually unthinkable prior
to the Court’s ruling.3 Other governors announced that they might consider
participating in Medicaid’s expansion, but only under broad waivers
from program requirements that would allow them to limit recipients’
eligibility and benefi ts; the Court’s ruling had given these governors the
leverage to demand such waivers.4 The emboldened opposition to Medicaid’s
expansion in these states began to put pressure on neighboring
states, which would likely face an infl ux of potential Medicaid recipients
should they expand eligibility and benefi ts while their neighbors did not |
| format |
eBook |
| author |
Anna Harvey |
| author_sort |
Anna Harvey |
| title |
A Mere Machine: The Supreme Court, Congress, and American Democracy |
| title_short |
A Mere Machine: The Supreme Court, Congress, and American Democracy |
| title_full |
A Mere Machine: The Supreme Court, Congress, and American Democracy |
| title_fullStr |
A Mere Machine: The Supreme Court, Congress, and American Democracy |
| title_full_unstemmed |
A Mere Machine: The Supreme Court, Congress, and American Democracy |
| title_sort |
mere machine: the supreme court, congress, and american democracy |
| publisher |
Yale University Press |
| publishDate |
2013 |
| url |
http://oaipmh-jogjalib.umy.ac.idkatalog.php?opo=lihatDetilKatalog&id=52528 |
| isbn |
ebook 282 |
| _version_ |
1702748765011574784 |
| score |
14.79448 |