The Obama Care Act and Constitution Case Study

Paper Type:  Case study
Pages:  5
Wordcount:  1171 Words
Date:  2022-04-14

What was missing that the court indicated was needed to find that the mandate was constitutional?

The Obama care act subjection to the court ruling leaves the individual mandate clause under constitutional surveillance and questioning. Although the government argued that the individual mandate is constitutional as it gives Congress ability to exercise its power under the commerce clause, but the clause only gives Congress power to regulate the already economic activity in existence but not impose rules over state individuals. The people failure to buy the health insurance, therefore, cannot be judged as a commerce activity and consequently the individual mandate reams unconstitutional

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What was the purpose of the court discussion of a healthy diet?

The healthy diet discussion was applied as a means to illustrate the mandates of the Congress and its constitutional limits. With the help of good diet example, it is clear the Congress has no power over the individual mandate, and the commerce clause has limits as it does not have the power to compel American citizens to act in a certain way as demanded by the government. People are allowed therefore to have control over some life decisions without government victimization.

What sources doe the court rely on for constitutional interpretation?

The court is met with diverse challenges when solving issues as some issues lack constitutional clarity. However, in this case, the court revisits past quoted clauses such as the Federalist no 45, at 293 by James Madison. Also, they can revisit the commerce acts currently amended and that of the past.

What is different between this case and case in which property is taken for constructing a freeway?

In this case, private properties are about to be transferred from owners to investors who intend to develop a facility that will boost the local people economy by creating jobs and raising taxes. The private owners not impressed file a case seeking withdrawal of the facility development as it did not meet the constitutional definition public use and benefit to the area. The concern was whether the facility served public interest or investor's interest. When land is taken from a private owner for freeway development, the move is openly easy to judge as a public use project making the issues less conflict unlike that of the facility development.

What is the concern of the dissent about the decision?

The case overly was meant to judge when and under what circumstances private property need to be transferred from owners to authority or from A to B. Also, the case seek to evaluate amendment five of the constitution that state what circumstances place a plan to be of public benefit. Based on the evidence, the compensation and land transfer were therefore uphold since the facility was to serve the interest of the public economically and socially.

Why does the majority state that the courts should be reluctant to get involved in local government eminent domain activities?

The eminent domain allows the state and local government to acquire private property and using the feature for public purposes. The court, therefore, is requested to minimize the state and local government overexploitation of the eminent domain by including economic development as part of public use and purpose

Chapter 6

5. Rhoda Kellerman found a company that produces moonshot 69, a caffeinated beer. Each bottle of beer contains about twice as much caffeine as a can of Pepsi. In 2011, Ms. Kallman, along with three other manufacturers, was served with a cease and desist notice from the FDA to remove the caffeine from her beer or stop selling the product. Ms. Kallman has said that what the FDA is doing is like promotion 2010 and has no authority to regulate sale or production of alcohol. She also indicates that moonshot 69 is not an energy drink like those that are subject to FDA regulation. She says that agencies should regulate and not ban products. What information could you share with Kallman that would help determine what FDA is trying to accomplish?

Any agency is designed to ensure the public interest is addressed and that each company meets its social responsibility. FDA, in this case, was serving its role of protecting people's health since the moonshot 69 was found to have too much caffeine, exposing people to health problems. In this case, Ms. Kallman should know the FDA has a right to get involved with the moonshot production and sale because the product had an impact on human health. It is, therefore, necessary for Ms. Kallman to solve the issue by minimizing caffeine levels and be socially responsible and reduce chances of facing harsh judgment by the law.

6. Hooked on phonics is a reading program that departs from the current educational reading philosophy of "whole language learning" the program emphasizes the more traditional reading process of having children sound out letters and combinations letters. The federal trade commission (TFC) filed a false adverting complaint against gateway education products, Inc., the owners of the hooked on phonics program. The FTC claimed that gateway television claim that those with reading disabilities would be helped "quickly and easily " and that hooked on phonics could " teach reading in a home setting without additional assistance " were misleading. Gateway does not feel the claim are false, but it does not want to have bad publicity. What advice can you give gateway on handling the FTC charges?

Agencies are designed to help ensure the public is safe from corporation deception and poor business standards. The false advertising is an alarm to the Gateway Corporation to begin doing the right thing as listed in their company vision and objectives without deception before extreme charges are impacted. The hooked phonics should, therefore, start offering legal services.

Assignment 2

Administrative agency article

The article on review, is the "The Regulatory Accountability Act of 2017-Implications for FDA Regulation and Public Health." Authored by Darrow, Jonathan J., Erin C. Fuse Brown, and Aaron S. Kesselheim and published by New England Journal of Medicine. The article aim at revising the regulatory accountability act in the United States following the Congress stand of making federal agencies regulations difficulty across all areas. The law is described as a way of minimizing the substantial regulatory demands, which cause issues on employment, economic growth among others. Although the amendment act is viewed as advantageous to the state economy, some administrative agencies are on the verge of facing disastrous problems, and a good example is FDA which protects the public health and safety.

The bill seeks to review the1946 administrative procedure act, a law that set grounds under which federal agency regulation are set. Also, the bill will discuss both procedural requirements applied during rulemaking and impose" gag rule" that will help regulate agencies rulemaking propaganda. (http://www.nejm.org/doi/full/10.1056/NEJMp1711643)

Works Cited

Darrow, Jonathan J., Erin C. Fuse Brown, and Aaron S. Kesselheim. "The Regulatory Accountability Act of 2017-Implications for FDA Regulation and Public Health." New England Journal of Medicine

http://www.nejm.org/doi/full/10.1056/NEJMp1711643

Jennings, Marianne M. Business: Its legal, ethical, and global environment. Nelson Education, 2014.

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