The State and the Individual Essay Example | Topics and Well Written Essays - 2000 words

The State and the Individual - Essay ExampleThe recent passage of the Patient Protection and low-priced Care Act created legal produces about whether the Federal government has the power to make it mandatory for individuals to procure health burster insurance and whether states can opt out or nullify much(prenominal) provides. The Constitution of the the States does not provide citizens with an explicit right wing to health safeguard. The Supreme hail has held that as per the Constitution, individuals can seek healthcare services at their own cost from the available service providers. (Sw ratiocinationiman, 2010, p.2). It has also held that there is no provision that guarantees government health care for those that cannot afford it. At the same time, many states in the US set about constitutional state provisions relative to providing healthcare services to citizens. As compared to the Federal government, the constitutions of states have more(prenominal) expansive provisions relative to health care because federal rights require states to comply with minimum standards (Bayer, 2007, p.1). The issue that arises in this regard is the extent to which states can legally restrain the freedom of individuals in serving the prevalent good of the entire population. In addition, the question arises about the extent to which humankind welfare can be protected in justifying government actions relative to curtailing or eroding fundamental rights. Such issues form the basis of controversy and long drawn debates relative to public health in the US. The Supreme Court has set forth inter-state commerce as being amongst economic activities that impact the countrys economy. Given that the health care sector impacts the countrys economy, it becomes implied from this argument that the federal government has the right to control health care through legislation. Although the US Supreme Court and Constitution do not acknowledge the constitutional right to healthcare for pe ople unable to afford it, a number of statutes have been enacted by the Federal government, such as the Childrens Health Program, Medicaid and Medicare, which describe and establish the precise rights of individuals relative to receiving healthcare services from the state. A major element of several healthcare entitlements from the government is the funding for healthcare facilities that are provided under the law. mass of these provisions were enacted following recognition of the Federal governments authority to enact laws that are prerequisite for carrying out its authorization for providing towards the general welfare of individuals. This authority to spend on healthcare is considered to be a broad grant of authority vested to the Federal government by the countrys Constitution. The Supreme Court gives significant regard to the legislative decisions taken by the Congress for making provisions for healthcare budgets in keeping with the objectives of public welfare (Garrett, 2000 , p.216). However, there are a number of tensions about the scope of public health and the extent to which it can be accepted, especially in terms of the original issues relative to competitiveness infectious diseases during the 19th and early 20th centuries. The issue attained more significance at the end of the 20th century because of efforts to resolve the chronic patterns that