How is the Affordable Care Act Different from Medicare?
Why are people so worked up about the individual mandate? If Congress could pass Social Security and Medicare, it’s hard to understand why requiring people to purchase health insurance might be questionable. Law professor Elizabeth Price Foley explains that the difference stems from the different powers the Constitution gives Congress. While Medicare and Social Security are based in on Congress’s power to tax and spend, the individual mandate of the Affordable Care Act is based inon Congress’s power to regulate commerce. The Supreme Court will soon decide whether that power to regulate commerce also includes the power to require people to participate in commerce.