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THE LASTING EFFECTS AND ANALYSIS OF THE SUPREME COURT'S DECISION IN: THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS V. SEBELIUS

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Date Issued:
2013
Abstract/Description:
The purpose of this thesis is to examine the Affordable Care Act through an analysis of the United States Supreme Court's holding in The National Federation of Independent Business v. Sebelius. In order to better understand the Supreme Court's reasoning in that case, this paper will first examine the history and the function of the Supreme Court, which will demonstrate the Court's power to either augment or diminish the power of the states in relation to the federal government. This paper will then discuss the background of the Affordable Care Act, the procedural history of the case, and the majority's analysis supporting its decision. The concurring and dissenting opinions of the other justices will be discussed to present the various viewpoints regarding the proper role of the federal government and the implications this case may have on federal/state conflict. The Supreme Court ruled in favor of the Department of Health and Human Services. The 5-4 decision was extremely close and the opinions given by each Justice highlighted the various flaws and benefits of the Act it was looking to uphold. Further research of Supreme Court cases in our country's history reveal the trend of augmenting and diminishing state's rights. This thesis will examine the constitutionality of the aforementioned decision, the effects it will have on each of the states within the United States, and the impact the citizens will experience.
Title: THE LASTING EFFECTS AND ANALYSIS OF THE SUPREME COURT'S DECISION IN: THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS V. SEBELIUS.
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Name(s): Esposito, Devin, Author
Wood, Robert, Committee Chair
University of Central Florida, Degree Grantor
Type of Resource: text
Date Issued: 2013
Publisher: University of Central Florida
Language(s): English
Abstract/Description: The purpose of this thesis is to examine the Affordable Care Act through an analysis of the United States Supreme Court's holding in The National Federation of Independent Business v. Sebelius. In order to better understand the Supreme Court's reasoning in that case, this paper will first examine the history and the function of the Supreme Court, which will demonstrate the Court's power to either augment or diminish the power of the states in relation to the federal government. This paper will then discuss the background of the Affordable Care Act, the procedural history of the case, and the majority's analysis supporting its decision. The concurring and dissenting opinions of the other justices will be discussed to present the various viewpoints regarding the proper role of the federal government and the implications this case may have on federal/state conflict. The Supreme Court ruled in favor of the Department of Health and Human Services. The 5-4 decision was extremely close and the opinions given by each Justice highlighted the various flaws and benefits of the Act it was looking to uphold. Further research of Supreme Court cases in our country's history reveal the trend of augmenting and diminishing state's rights. This thesis will examine the constitutionality of the aforementioned decision, the effects it will have on each of the states within the United States, and the impact the citizens will experience.
Identifier: CFH0004372 (IID), ucf:45012 (fedora)
Note(s): 2013-05-01
B.S.
Health and Public Affairs, Dept. of Legal Studies
Bachelors
This record was generated from author submitted information.
Subject(s): Obamacare
health care
supreme court
legal
affordable care act
Persistent Link to This Record: http://purl.flvc.org/ucf/fd/CFH0004372
Restrictions on Access: public
Host Institution: UCF

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