scholarly journals Suspect Spheres, Not Enumerated Powers: A Guide for Leaving the Lamppost

2021 ◽  
pp. 1431
Author(s):  
Richard Primus ◽  
Roderick Hills Jr
Keyword(s):  
Affordable Care Act ◽  
State Level ◽  
The United States ◽  
Federal Legislation ◽  
Federal Law ◽  
National Politics ◽  
Current Century ◽  
Individual Mandate ◽  
Private Corporations ◽  
The Individual

Despite longstanding orthodoxy, the Constitution’s enumeration of congressional powers does virtually nothing to limit federal lawmaking. That’s not because of some bizarrely persistent judicial failure to read the Constitution correctly. It’s because the enumeration of congressional powers is not a well-designed technology for limiting federal legislation. Rather than trying to make the enumeration do work that it will not do, decisionmakers should find better ways of thinking about what lawmaking should be done locally rather than nationally. This Article suggests such a rubric, one that asks not whether Congress has permission to do a certain thing but whether a certain kind of lawmaking is more prone to pathology at the national or the state level. That inquiry could identify “suspect spheres”: areas of policymaking where federal law calls for more justification than elsewhere. Federal legislation within suspect spheres would not necessarily be subject to judicial invalidation, but the judgment that legislation falls within a suspect sphere could underwrite softer forms of judicial resistance to nationalization. We illustrate the suspect-spheres model with a principle of federalism we call the corporate nondelegation doctrine, by which federal delegations of power to private corporations are to be treated skeptically. Early on, that principle animated Madison’s opposition to the Bank of the United States and much of the Jacksonian approach to federalism. It later underwrote the Supreme Court’s decision in Schechter Poultry. In the current century, the idea that the corporate nondelegation doctrine defines a suspect sphere helps explain otherwise puzzling judicial behaviors in federalism cases, including the presumption against preemption and the resistance to the individual mandate of the Affordable Care Act. By illustrating the possibility of a suspect-sphere approach, we suggest a tool that might be useful at a time of destructively polarized national politics, when rubrics for allocating some polarizing issue spaces to state-level decisionmakers might help lower the national temperature.

When State Policy Makes National Politics: The Case of “Obamacare” Marketplace Implementation

2019 ◽  
Vol 45 (1) ◽  
pp. 111-141 ◽  
Author(s):  
Samuel Trachtman
Keyword(s):  
Affordable Care Act ◽  
National Level ◽  
State Level ◽  
State Governments ◽  
Federal Law ◽  
National Politics ◽  
Probability Models ◽  
Direct Benefits ◽  
Political Implications ◽  
Linear Probability

Abstract Context: State governments have been powerful sites of Republican resistance to the implementation of the Affordable Care Act (ACA), the Democratic Party's signature 2010 law. By influencing how citizens experience the ACA, state-level implementation can affect the national-level political implications of the law. Methods: I examine three largely unstudied areas of marketplace implementation: navigator laws, transitional plan termination, and rating area configurations. For each policy area, I use linear probability models to investigate the determinants of state lawmakers bolstering or eroding marketplaces. Findings: In each case, Democrat-controlled states were more likely to bolster marketplaces than Republican-controlled states were, with decisions more polarized in those policy areas—navigator laws and transitional plan termination—and with greater potential for national-level feedback. For navigator laws, where Republican state lawmakers were most cross-pressured by national party interests and local interests, marketplace eroding policy was highly associated with strength of conservative networks. Conclusion: Crafters of federal legislation cannot expect state lawmakers to universally implement federal law to maximize the direct benefits to their constituents. Rather, we should expect state lawmakers to, in many instances, implement federal law in ways that benefit their parties.

Expanding Choice through Defined Contributions: Overcoming a Non-Participatory Health Care Economy

2012 ◽  
Vol 40 (3) ◽  
pp. 558-573 ◽  
Author(s):  
Robert E. Moffit
Keyword(s):  
Affordable Care Act ◽  
House Of Representatives ◽  
The United States ◽  
Ballot Initiatives ◽  
Individual Mandate ◽  
The Affordable Care Act ◽  
Care Economy ◽  
Defined Contributions ◽  
Uncertain Future ◽  
The Individual

The Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act) is the law of the land. But it faces an uncertain future.During congressional deliberations on the 2,700-page legislation leading up to its enactment, from February to March 2010, not one major survey recorded majority support for the legislation. Since its enactment, popular opposition to the Affordable Care Act has hardened, and was a significant factor in the 2010 congressional election, in which Democrats lost 63 seats and Republicans regained the majority in the House of Representatives. Ballot initiatives in Missouri and Ohio, showcasing popular opposition to the individual mandate, passed in 2010 with overwhelming majorities. While the United States Supreme Court in National Federation of Independent Business et al. v. Sebelius, 132 S. Ct. 2566 ( 2012), declared the mandate on the states to expand Medicaid unconstitutionally coercive, the majority of the Justices also upheld the individual mandate as a permissible tax. The new law thus emerged as a central topic in the 2012 election.

scholarly journals The Affordable Care Act’s Coverage Impacts in the Trump Era

2021 ◽  
Vol 58 ◽  
pp. 004695802110429
Author(s):  
Charles Courtemanche ◽  
Ishtiaque Fazlul ◽  
James Marton ◽  
Benjamin Ukert ◽  
Aaron Yelowitz ◽  
...  
Keyword(s):  
Affordable Care Act ◽  
Insurance Coverage ◽  
Community Survey ◽  
Medicaid Expansion ◽  
Percentage Points ◽  
Individual Mandate ◽  
Us Presidential Election ◽  
Causal Impact ◽  
The Individual ◽  
Trump Administration

The 2016 US presidential election created uncertainty about the future of the Affordable Care Act (ACA) and led to postponed implementation of certain provisions, reduced funding for outreach, and the removal of the individual mandate tax penalty. In this article, we estimate how the causal impact of the ACA on insurance coverage changed during 2017 through 2019, the first 3 years of the Trump administration, compared to 2016. Data come from the 2011–2019 waves of the American Community Survey (ACS), with the sample restricted to non-elderly adults. Our model leverages variation in treatment intensity from state Medicaid expansion decisions and pre-ACA uninsured rates. We find that the coverage gains from the components of the law that took effect nationally—such as the individual mandate and regulations and subsidies in the private non-group market—fell from 5 percentage points in 2016 to 3.6 percentage points in 2019. In contrast, the coverage gains from the Medicaid expansion increased in 2017 (7.0 percentage points) before returning to the 2016 level of coverage gains in 2019 (5.9 percentage points). The net effect of the ACA in expansion states is a combination of these trends, with coverage gains falling from 10.8 percentage points in 2016 to 9.6 percentage points in 2019.

scholarly journals The Partisan Mask: Political Orientation, Collectivism, and Religiosity Predict Mask Use During COVID-19

2021 ◽  
Author(s):  
Hohjin Im ◽  
Peiyi Wang ◽  
Chuansheng Chen
Keyword(s):  
State Level ◽  
The United States ◽  
Political Orientation ◽  
Third Party ◽  
The Us ◽  
Political Conservatism ◽  
Strong Correlate ◽  
Using Data ◽  
The Individual ◽  
Socioeconomic And Demographic Factors

In the United States, the COVID-19 pandemic became an unconventional vehicle to advance partisan rhetoric and antagonism. Using data available at the individual- (Study 1; N = 4,220), county- (Study 2; n = 3,046), and state-level (n = 49), we found that partisanship and political orientation was a robust and strong correlate of mask use. Political conservatism and Republican partisanship were related to downplaying the severity of COVID-19 and perceiving masks as being ineffective that, in turn, were related to lower mask use. In contrast, we found that counties with majority Democrat partisanship reported greater mask use, controlling for various socioeconomic and demographic factors. Lastly, states with strong cultural collectivism reported greater mask use while those with strong religiosity reported the opposite. States with greater Democrat partisanship and strong cultural collectivism subsequently reported lower COVID-19 deaths, mediated by greater mask use and lower COVID-19 cases, in the five months following the second wave of COVID-19 in the US during the Summer of 2020. Nonetheless, more than the majority for Democrats (91.58%), Republicans (77.52%), and third-party members (82.48%) reported using masks. Implications for findings are discussed.

scholarly journals Sources of Success in California's Individual Marketplace under the Affordable Care Act

2019 ◽  
Vol 44 (4) ◽  
pp. 679-706
Author(s):  
Petra W. Rasmussen ◽  
Gerald F. Kominski
Keyword(s):  
Affordable Care Act ◽  
The United States ◽  
Community Partners ◽  
Early Adoption ◽  
Individual Market ◽  
The Affordable Care Act ◽  
The Law ◽  
The Stability ◽  
The Individual ◽  
Trump Administration

Abstract When passed in 2010, the Affordable Care Act (ACA) became the greatest piece of health care reform in the United States since the creation of Medicare and Medicaid. In the 9 years since its passage, the law has ushered in a drastic decrease in the number of uninsured Americans and has encouraged delivery system innovation. However, the ACA has not been uniformly embraced, and states differ in their implementation of the law and in their individual health insurance marketplace's successfulness. Furthermore, under the Trump administration the law's future and the stability of the individual market have been uncertain. Throughout, however, California has been a leader. Today, the state's marketplace, known as Covered California, offers comprehensive, standardized health plans to over 1.3 million consumers. California's success with the ACA is largely attributable to its historical receptiveness to health reform; its early adoption of the law; its decision to have Covered California operate as an active purchaser, help shape the plans sold through the marketplace, and design a consumer-friendly enrollment experience; its engagement with stakeholders and community partners to encourage enrollment; and Covered California's commitment to continually innovate, improve, and anticipate the needs of the individual market as the law moves forward.

scholarly journals A Clean Slate for Texas Foster Youth

2018 ◽  
Vol 4 (4) ◽  
pp. 297-325
Author(s):  
Madison Howard Churchman
Keyword(s):  
Foster Care ◽  
Foster Youth ◽  
State Level ◽  
Pilot Project ◽  
Identity Theft ◽  
Federal Legislation ◽  
Policy Recommendations ◽  
Federal Law ◽  
State Legislation

This Article will compare how Texas and other states implement this federal law differently and then discuss how Texas can improve its flawed system to better protect children negatively affected by identity theft. Section II of this Article will introduce and explain M.D. v. Abbott and the changes in Texas foster care on the horizon as a result of this case. Section III will introduce and delve into the issue of identity theft in foster youth as a whole, and it will tell the story of one foster youth who faced the results of identity theft. Finally, the Section breaks down how identity theft occurs and what the lasting effects are. Section III will discuss the federal legislation created as a response. Section III also includes a case study on California’s pilot project response that was initiated prior to the federal legislation, and looks into how Texas applies federal legislation and partners it with state legislation. This Section looks at both the strengths and weaknesses of state and federal responses to child identity theft. Section IV will introduce four state-level policy recommendations to assist Texas in resolving identity theft issues for youth in foster care. By implementing a holistic, multi-step approach beginning when the child initially enters foster care, particularly in light of the major foster care reform posed by M.D. v. Abbott, Texas will lead the country and serve as an example to other states in resolving this pressing issue. Section V will include conclusions from the content discussed in this Article.

scholarly journals Retail Therapy: How a Trip to the Store Can Make You Feel Better in the Evolving Health Care Landscape Created by the Affordable Care Act

2015 ◽  
Vol 33 (2) ◽  
pp. 239-260
Author(s):  
Cynthia Liba
Keyword(s):  
Primary Care ◽  
Health Care ◽  
Primary Care Physicians ◽  
The United States ◽  
Care Physician ◽  
Poverty Level ◽  
Health Clinics ◽  
Medicaid Eligibility ◽  
Individual Mandate ◽  
The Individual

As the ACA expands Medicaid eligibility by creating a national Medicaid minimum eligibility level of 133% of the federal poverty level and requires U.S. citizens to purchase health insurance as a result of the individual mandate, the shortage of primary care physicians will become painfully apparent for those seeking treatment. As a result, many health policy analysts and lawmakers are examining the potential ability of retail health clinics (RHCs) to address the consequences of primary care physician shortages in the United States, among other deficiencies in the provision of health care.

The Rise of the Commuter Student: Changing Patterns of College Attendance for Students Living at Home in the United States, 1960–1980

2011 ◽  
Vol 113 (5) ◽  
pp. 1031-1066
Author(s):  
Dongbin Kim ◽  
John L. Rury
Keyword(s):  
Higher Education ◽  
United States ◽  
College Students ◽  
State Level ◽  
The United States ◽  
Commuter Students ◽  
Individual Level ◽  
Level Data ◽  
The Individual ◽  
At Home

Background/Context American higher education witnessed rapid expansion between 1960 and 1980, as colleges and universities welcomed millions of new students. The proportion of 19- and 20-year-old students living in dormitories, rooming houses, or other group quarters fell from more than 40% to slightly less than a third. At the same time, the proportion of students in this age group living at home with one or two parents increased from about 35% to nearly 47%, becoming the largest segment of the entering collegiate population in terms of residential alternatives. While growing numbers of high school graduates each fall headed off to campus dormitories, even more enrolled in commuter institutions close to home, gaining their initial collegiate experience in circumstances that may not have differed very much from what they had experienced in secondary school. The increased numbers of commuter students, whether they attended two-year or four-year institutions, however, have received little attention from historians and other social scientists. Purpose/Objective/Research Question/Focus of Study This study focuses on students aged 19 and 20 who lived with parents and commuted from home during the years from 1960 to 1980, when commuters became the largest category of beginning college students. It also addresses the question of how this large-scale change affected the social and economic profile of commuter students in the United States. In this regard, this study can be considered an evaluation of policy decisions intended to widen access to postsecondary institutions. Did the growing number of students living at home represent a democratic impulse in higher education, a widening of access to include groups of students who had previously been excluded from college? The study approaches this question by examining changes in the characteristics and behavior of commuter students across the country. Recognizing the variation in enrollment rates and other educational indices by state or region, this study also focuses on how the individual behavior at the point of college entry is affected by these and other characteristics of the larger social setting, particularly from a historical perspective. Research Design To grasp the larger picture of historical trends in college enrollment during the period of study, particularly in the growth of commuter students, the first part of the study utilizes state-level data and identifies changes in the number of entering college students who were commuters. In the process, descriptive statistics and ordinary least squares regression are used to identify factors associated with the proportion of college students living with their parents across states. In the second stage of analysis, hierarchical generalized linear modeling, utilizing both state- and individual-level data, is used to consider different layers of contextual effects on individual decisions to enroll in college. Data Collection and Analysis At the individual level, the principal sources of information are from 1% Integrated Public Use Microdata Samples (IPUMS) for 1960 and 1980. These are individual-level census data that permit consideration of a wide range of variables, including college enrollment. State-level variables are drawn from the published decennial census volumes, from National Center for Education Statistics reports on the number of higher education institutions, and from aggregated IPUMS data. Conclusions/Recommendations This study finds that commuter students in the United States appear to have benefited from greater institutional availability, the decline of manufacturing, continued urbanization, and a general expansion of the middle class that occurred across the period in question. It was a time of growth for this sector of the collegiate population. Despite rhetoric about wider access to postsecondary education during the period, however, the nation's colleges appear to have continued to serve a relatively affluent population, even in commuter institutions. Although making postsecondary institutions accessible to commuter students may have improved access in some circumstances, for most American youth, going to college appears to have remained a solidly middle- and upper-class phenomenon.

Introduction

2021 ◽  
pp. 1-14
Author(s):  
John N. Drobak
Keyword(s):  
United States ◽  
Government Regulation ◽  
Institutional Economics ◽  
The United States ◽  
New Institutional Economics ◽  
Market Regulation ◽  
The Great Recession ◽  
Individual Mandate ◽  
The Government ◽  
The Individual

Chapter 1 explains that this book examines two economic “principles,” or beliefs, that have shaped the perception of the economic system in the United States today: (1) the belief that the U.S. economy is competitive, making government market regulation unnecessary, and (2) the belief that corporations exist for the benefit of their shareholders, but not for other stakeholders. Contrary to what many economists and policymakers believe, the chapter shows that numerous markets in the United States are not competitive and that the belief in shareholder primacy is not an economic principle but a normative notion. In addition, the belief in the existence of competitive markets is used to argue that market regulation is unnecessary because competition provides all the needed constraints. If there are no constraints from competition and no regulation, serious harm can result, as shown by the Great Recession of 2008. The chapter also points out that there never was a purely laissez-faire market economy. The real question is how much market regulation is desirable. It is often difficult to debate this issue because many people label any expansion of government regulation as socialism. In addition, some people just do not like being told what to do by the government. That was a principle reason for the objection to the individual mandate in the Affordable Care Act. The chapter then introduces the relationship between the two economic narratives and the millions of job losses this century, using lessons from the new institutional economics to analyze the issues.

Human Security

2019 ◽  
Author(s):  
Benjamin Zyla
Keyword(s):  
Human Security ◽  
State Level ◽  
The United States ◽  
Economic Security ◽  
Health Security ◽  
Broad Definition ◽  
Political Security ◽  
Definition Of ◽  
The Individual ◽  
High Level

The term “human security” was first employed in the United Nations Development Programme (UNDP) Human Development Report (HDR) of 1994, which argued for a “people-centric” concept of security and against the dichotomy of “freedom from want” and “freedom from fear.” This new understanding of security replaced the traditional focus of conflict between states, protection of state borders, and military solutions to security problems. It also recognized the interdependence between security and development. The HDR proposed a broad, multidimensional conceptualization of human security comprising economic security, food security, health security, environmental security, personal security, community security, and political security. Since then, human security has become an all-encompassing emancipatory concept of security at the individual (rather than state) level, addressing the many causes of human vulnerability including armed conflict, human rights violations, environmental challenges, and resource deprivation. It thus changed the security discourse and opened the “black box” of states. In 1999, Japan established the UN Trust Fund for Human Security to operationalize the human security concept. Later, Canada joined the initiative and helped to establish the Human Security Network and, in 2000, the independent Commission on Human Security (CHS) to address questions like the root causes of conflicts and the human protection and development of people. The CHS’s mantra was that states must produce sustainable economic growth and target the very poor through providing education, health services, and employment. Unsurprisingly, this broad definition of human security produced a backlash since it challenged the relative importance of “freedom from fear” and “freedom from want.” Some asserted that the human security approach lacked conceptual rigor and was difficult to operationalize. In 2003, the CHS published their report, Human Security Now: Protecting and Empowering People, which reaffirmed the broad definition of human security. In 2004, a Human Security Unit was created in the UN Secretariat of the Office for the Coordination of Humanitarian Affairs. The same year, the UN Secretary-General convened the High-Level Panel on Threats, Challenges and Change, which highlighted the interconnected and diverse threats to human security and called upon the international community to address them. A significant debate at the academic and policy levels ensued, discussing the viability of the concept as well as its political relevance. However, many UN member states, especially the so-called major powers (e.g., the United States), only played lip service to what was becoming an emerging norm in international security affairs.

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