Constitution Day
September 17 is Constitution Day, commemorating the anniversary of the day in 1787 that the delegates to the Constitutional Congress met to affirm and sign the Constitution of the United States. To foster an understanding of the Constitution and its role in our civic life, Senator Robert C. Byrd, Democrat from West Virginia, offered an amendment to a Senate bill that requires all educational institutions that receive federal funds to provide information and programs to mark the anniversary.
A special Constitution exhibit will be displayed in the One Stop area in Lone Mountain for the week of September 12-17.
Constitution Day Activity
Thursday, September 15, 5pm
Moot Court Room, 2nd Floor of the Law School
Sponsored by the School of Law
The Nature of Government Under the Constitution
Questions regarding the size of the federal government and its relationship to the states have been with us since the Constitution was written, and remain central today, both in politics and law. Given the issue’s timeliness and significance, Law School students will present and judge the case described below.
State of Zief v. Secretary of the Department of Health and Human Services
Signed into law in 2010, The Patient Protection and Affordable Care Act (“ACA”) also known as “Health Care Reform” or “Obama Care,” dramatically expands access to health insurance and health care for all Americans. Among its many interrelated reforms, with some exceptions, the ACA rmandates individuals to obtain health insurance. Congress agreed on the requirement after considerable debate. Although it was not the only possible way to fund reform, it was seen as an effective way to contain the costs of providing health care coverage to tens of millions of people not currently covered. Because other provisions of the ACA prevent insurers from refusing to cover individuals with pre-existing conditions, it was feared that, without the mandate, people would game the system-- not paying for insurance while healthy and then signing up only when they needed the insurance. The law provides that individuals must either purchase an adequate health insurance plan for themselves and their families or pay an annual penalty in order to make sure that the plan is adequately funded.
Although there are several provisions of the ACA that have triggered constitutional concerns, this “Minimum Coverage Fee” provision has inspired an argument that Congress did not have the constitutional authority to enact a requirement that individuals must buy insurance from a private insurer or pay a fine.
There are other constitutional arguments as well, and arguments concerning related provisions, but ”our” Supreme Court has identified the issue it wants discussed at at its hearing at 5 pm in the Law School’s Moot Court Room as follows:
Whether Section of the A.C.A. (mandating that, absent certain exceptions, Americans will be required to purchase private health care insurance) is within Congress’ enumerated powers under the Commerce Clause of Article I, Section 8 of the Constitution of the United States.)
Representatives arguing on behalf of the State of Zief will argue that Congress exceeded its power and that the Minimum Coverage Fee provision is unconstitutional on its face.
Representatives arguing on behalf of the Federal Department of Health and Human Services will argue that the provision is a constitutional exercise of Congress’ Commerce Clause Power.
The Court is not considering justiciability issues.
Constitution Day Resources
