National Federation Of Independent Businesses V. Sebelius
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National Federation Of Independent Businesses V. Sebelius
''National Federation of Independent Business v. Sebelius'', 567 U.S. 519 (2012), was a landmark United States Supreme Court decision in which the Court upheld Congress's power to enact most provisions of the Patient Protection and Affordable Care Act (ACA), commonly called Obamacare, and the Health Care and Education Reconciliation Act (HCERA), including a requirement for most Americans to pay a penalty for forgoing health insurance by 2014. The Acts represented a major set of changes to the American health care system that had been the subject of highly contentious debate, largely divided on political party lines. The Supreme Court, in an opinion written by the Chief Justice, John Roberts, upheld by a vote of 5–4 the individual mandate to buy health insurance as a constitutional exercise of Congress's Taxing and Spending Clause (taxing power). A majority of the justices, including Roberts, agreed that the individual mandate was not a proper use of Congress's Commerce Clause o ...
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Kathleen Sebelius
Kathleen Sebelius (; née Gilligan, born May 15, 1948) is an American businesswoman and politician who served as the 21st United States secretary of Health and Human Services from 2009 until 2014. As Secretary of Health and Human Services, Sebelius was instrumental in overseeing the implementation of the Affordable Care Act. Before becoming secretary, she served as the 44th governor of Kansas from 2003 to 2009, the second woman to hold that office. She is a member of the Democratic Party. Sebelius was the Democratic respondent to the 2008 State of the Union address and is chair-emerita of the Democratic Governors Association (she was its first female chair). She is CEO of Sebelius Resources LLC. Early life and education Sebelius was born and raised in Cincinnati, Ohio, the daughter of Mary Kathryn (née Dixon) and John J. Gilligan. Sebelius was the second oldest of four children in her family. Her family ran funeral homes and her father was a city councilor in Cincinnati. Jack ...
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Health Care And Education Reconciliation Act
The Health Care and Education Reconciliation Act of 2010 (, ) is a law that was enacted by the 111th United States Congress, by means of the reconciliation process, in order to amend the Affordable Care Act (ACA) (). The law includes the Student Aid and Fiscal Responsibility Act, which was attached as a rider. It was passed by the U.S. House of Representatives on March 21, 2010, by a vote of 220–211, and passed the Senate by a vote of 56–43 on March 25, after having two minor provisions relating to Pell Grants stricken under the Byrd Rule. A few hours later, the amended bill was passed by the House with the vote of 220–207. The Act was signed into law by President Barack Obama on March 30, 2010, at Northern Virginia Community College. Legislative history At the end of 2009, each house of Congress passed its own health care reform bill, but neither house passed the other bill. The Senate bill, the Patient Protection and Affordable Care Act, became the most viable aven ...
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Reuters
Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world. The agency was established in London in 1851 by the German-born Paul Reuter. It was acquired by the Thomson Corporation of Canada in 2008 and now makes up the media division of Thomson Reuters. History 19th century Paul Reuter worked at a book-publishing firm in Berlin and was involved in distributing radical pamphlets at the beginning of the Revolutions in 1848. These publications brought much attention to Reuter, who in 1850 developed a prototype news service in Aachen using homing pigeons and electric telegraphy from 1851 on, in order to transmit messages between Brussels and Aachen, in what today is Aachen's Reuters House. Reuter moved to London in 1851 and established a news wire agency at the London Royal Exchange. Headquartered in London, Reuter' ...
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Christian Science Monitor
Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χριστός), a translation of the Biblical Hebrew term ''mashiach'' (מָשִׁיחַ) (usually rendered as ''messiah'' in English). While there are diverse interpretations of Christianity which sometimes conflict, they are united in believing that Jesus has a unique significance. The term ''Christian'' used as an adjective is descriptive of anything associated with Christianity or Christian churches, or in a proverbial sense "all that is noble, and good, and Christ-like." It does not have a meaning of 'of Christ' or 'related or pertaining to Christ'. According to a 2011 Pew Research Center survey, there were 2.2 billion Christians around the world in 2010, up from about 600 million in 1910. Today, about 37% of all Christians live in the Amer ...
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National Federation Of Independent Business
The National Federation of Independent Business (NFIB) is an association of small businesses in the United States. It is headquartered in Nashville, Tennessee, with offices in Washington, D.C., and all 50 state capitals. The goal of NFIB is to advance the interests of small businesses. While officially nonpartisan, it mostly endorses Republican candidates. Politics On its website, the National Federation of Independent Business states that it is a "nonprofit, nonpartisan organization founded in 1943". In 2010, 25 of its members, all Republican, were elected to the 112th Congress. There has been debate about how representative of American small businesses NFIB is, noting its very conservative and pro-Republican record. Since 1990, it has donated $725,551 to Democratic candidates and party committees versus $11,972,074 to Republican candidates or party committees. It was a key opponent of President Bill Clinton's attempt to reform American health care in 1993. In 2010, the NFIB ...
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Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the United States. He previously served as a U.S. senator from Illinois from 2005 to 2008 and as an Illinois state senator from 1997 to 2004, and previously worked as a civil rights lawyer before entering politics. Obama was born in Honolulu, Hawaii. After graduating from Columbia University in 1983, he worked as a community organizer in Chicago. In 1988, he enrolled in Harvard Law School, where he was the first black president of the '' Harvard Law Review''. After graduating, he became a civil rights attorney and an academic, teaching constitutional law at the University of Chicago Law School from 1992 to 2004. Turning to elective politics, he represented the 13th district in the Illinois Senate from 1997 until 2004, when he ran for the U ...
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President Of The United States
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces. The power of the presidency has grown substantially since the first president, George Washington, took office in 1789. While presidential power has ebbed and flowed over time, the presidency has played an increasingly strong role in American political life since the beginning of the 20th century, with a notable expansion during the presidency of Franklin D. Roosevelt. In contemporary times, the president is also looked upon as one of the world's most powerful political figures as the leader of the only remaining global superpower. As the leader of the nation with the largest economy by nominal GDP, the president possesses significant domestic and international hard and soft power. Article II of the Constitution establ ...
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Medicaid
Medicaid in the United States is a federal and state program that helps with healthcare costs for some people with limited income and resources. Medicaid also offers benefits not normally covered by Medicare, including nursing home care and personal care services. The main difference between the two programs is that Medicaid covers healthcare costs for people with low incomes while Medicare provides health coverage for the elderly. There are also dual health plans for people who have both Medicaid and Medicare. The Health Insurance Association of America describes Medicaid as "a government insurance program for persons of all ages whose income and resources are insufficient to pay for health care." Medicaid is the largest source of funding for medical and health-related services for people with low income in the United States, providing free health insurance to 74 million low-income and disabled people (23% of Americans) as of 2017, as well as paying for half of all U.S. births i ...
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Necessary And Proper Clause
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: Since the landmark decision '' McCulloch v. Maryland'', the US Supreme Court has ruled that this clause grants implied powers to US Congress in addition to its enumerated powers. Background According to the Articles of Confederation, "each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation ''expressly'' delegated" (emphasis added). Thus, the Continental Congress had no powers incidental to those "expressly delegated" by the Articles of Confederation.Vile, John. The Constitutional Convention of 1787: A Comprehensive Encyclopedia of America's Founding', Volume 1, p. 591 (ABC-CLIO 2005). By contrast, the Necessary and Proper Clause expressly confers incidental powers upon Congress, which no other clause in the Constitution does so by itself. The draft clause p ...
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Commerce Clause
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction ove ...
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Individual Mandate
An individual mandate is a requirement by law for certain persons to purchase or otherwise obtain a good or service. United States Militia act The Militia Acts of 1792, based on the Constitution's militia clause (in addition to its affirmative authorization to raise an army and a navy), would have required every "free able-bodied white male citizen" between the ages of 18 and 45, with a few occupational exceptions, to "provide himself" a weapon and ammunition. (See Conscription.) The Militia Acts were never federally enforced, so their constitutionality was never litigated. Seaman relief act An Act for the relief of sick and disabled seamen, signed into law by President John Adams in 1798, required employers to withhold 20 cents per month from each seaman's pay and turn it over to a Collector of the Federal Treasury when in port, and authorized the President to use the money to pay for "the temporary relief and maintenance of sick or disabled seamen," and to build hospitals t ...
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John Roberts
John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including ''National Federation of Independent Business v. Sebelius,'' '' Shelby County v. Holder'', and '' Riley v. California''. He has been described as having a conservative judicial philosophy but, above all, is an institutionalist. He has shown a willingness to work with the Supreme Court's liberal bloc, and after the retirement of Anthony Kennedy in 2018, he has been regarded as the primary swing vote on the Court. However, Roberts is no longer regarded as the Court's median vote following the replacement of Ruth Bader Ginsburg by Amy Coney Barrett in 2020. Roberts grew up in northwestern Indiana and was educated in a series of Catholic schools. He studied history at Harvard University and then attended Harvard Law School, where he was managing e ...
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