Healthcare and the Bill of Rights

Summary

In March of 2010, Congress passed landmark legislation including major reforms to the U.S. health insurance industry and healthcare system.  This lesson plan focuses on the healthcare law from multiple constitutional perspectives.

Resources

The United States Constitution

Religion

Healthcare reform law challenged on religious grounds
Religious groups can opt out of compulsory health care

Comprehension and Critical Thinking Questions

1. What exemptions for people who have religious objections to health insurance are included in the healthcare reform law?
2. In your judgement, are these exemptions constitutional? Do they go far enough in allowing for religious freedom, or do they go too far? Explain.
3. On what grounds are Thomas More Law Center and Liberty University challenging the Constitutionality of the healthcare reform law?
4. If you were deciding this lawsuit, on what constitutional citations and/or legal precedents would you base your opinion?

Expression

Calorie counts to be required on menus nationwide

Comprehension and Critical Thinking Questions

1. Is the requirement that restaurants post calorie information on their menus "compelled speech" in violation of the First Amendment? Why or why not?
2. What regulation does the healthcare law place on restaurants with more than 20 locations nationwide?

Private Property

Tanning salon owners get ready for new tax

Comprehension and Critical Thinking Questions

1. What requirements and restrictions does the new law place on insurance companies?
2. How would you assess the constitutionality of these regulations?
3. Critics of the law argue that the regulations will eventually force insurers out of business. How would you respond to that argument?
4. What new tax credits will begin over the next several years? What new taxes will be imposed over that time?

Criminal Procedure

Some may face penalty for shunning health insurance

Comprehension and Critical Thinking Questions

1. What penalties are in place for individuals who do not buy health insurance by 2014?
2. How would you assess the constitutionality of these penalties?

Personal Liberty

Battle over Abortion in Health Care Overhaul Moves to States
Health care reform also touches tanning beds, restaurant menus

Comprehension and Critical Thinking Questions

1. Why did President Obama sign an executive order on abortion and federal funding?
2. Should insurance companies be required to cover elective abortions? Should federal money be used to pay for that coverage? Explain your answer.
3. What are the risks and benefits of federal government involvement in matters such as restaurant menu information and tanning salon taxation?

Federalism

Virginia, 13 other states sue over health-care law
Health reform faces state suits over insurance mandate
Health mandate tests the reach of government

Comprehension and Critical Thinking Questions

1. On what grounds have fourteen states filed suit against the federal government challenging the constitutionality of the new healthcare reform law?
   How has the government responded to these lawsuits thus far?
   The Constitution empowers the federal government to regulate interstate commerce. Does that enumerated power allow the federal to require citizens to buy health insurance? If not, why not? If so, what other types of products would the federal government be able to require citizens to buy?