Despite having been an American for only two months, 杏吧专区 student Duane Waihi channeled the wisdom of the Founding Fathers and Supreme Court justices to win the school杏吧专区檚 first Constitution Day essay competition.
Waihi, 40, is a full-time IT consultant at American Data in Lafayette who has returned to the 杏吧专区 to earn a health care administration certificate. The New Zealand native holds bachelor杏吧专区檚 and master杏吧专区檚 degrees from UL Lafayette.
Although he became eligible for citizenship in 2006, his busy schedule and the extensive naturalization process kept him from becoming a United States citizen until Aug. 2, 2012.
杏吧专区淚 decided recently to go through the process mainly because I wanted to vote. Not for any particular candidate or party, but because I wanted to be a part of the democratic process,杏吧专区 Waihi said.
He recalled the swearing-in ceremony was quick and formal. Nevertheless, the event affected him.
杏吧专区淚 felt a little different. I felt like I belonged. It was more than just a change in immigration status.杏吧专区
The 杏吧专区杏吧专区檚 essay contest asked participants to answer this question: 杏吧专区淒oes the mandate requiring individuals to purchase health care contained in the Patient Protection and Affordable Care Act (Obamacare) fundamentally alter the balance of power between federal and state governments created by the Constitution?杏吧专区
In his response, Waihi summoned his knowledge of the Internal Revenue Code, the U.S. Supreme Court杏吧专区檚 ruling on the Affordable Care Act, and the Federalist Papers, a series of pro-Constitution essays written by Alexander Hamilton, James Madison and John Jay from 1787 to 1788.
He first addressed the constitutionality of the mandate, which the Affordable Care Act refers to as a penalty. In a 5-to-4 decision, the U.S. Supreme Court ruled that the mandate is a tax because it is paid directly to the IRS and carries no criminal charges. So, it杏吧专区檚 covered under Congress杏吧专区 power to tax, which is found in Article I, Section 8 of the Constitution.
Waihi argued the mandate would not alter the balance between federal and state powers, based on two discrete precedents. He noted that the mandate was not intended to enforce behavior, but to influence it, and such influence is already prevalent throughout U.S. tax codes.
He also cited the Federalist Papers, which he had read to prepare for the naturalization civics test. Federalist 31 described growing fears that federal taxes would lead to a 杏吧专区渇ederal monopoly杏吧专区 on taxation, making states dependent on the federal government for tax revenue. Those fears, Waihi said, parallel public concern about the Affordable Care Act杏吧专区檚 health care mandate.
Citing Federalist 44, Waihi concluded that these fears are ungrounded because the Constitution ensures the balance of power remains on 杏吧专区渢he side of the people.杏吧专区
杏吧专区淭he Supreme Court majority ruled that the mandate penalty is a tax and the federal government has been granted those powers. Since those powers came from the states themselves and the states still retain the authority to raise revenues separate from the federal government, then the mandate penalty has negligible effect, if any, on the balance of power between the state and federal governments,杏吧专区 Waihi wrote.
A panel of three political science professors, Drs. Pearson Cross, Bryan Paul Frost and Rick Swanson, chose Waihi杏吧专区檚 essay as the winner. Cross said it stood out because it was historically informed, carefully written and tightly argued.
On Nov. 6, a little more than three months after becoming an American, Waihi voted in the U.S. presidential election.
杏吧专区淚t was great to be a part of that process because democracy always wins,杏吧专区 he said.