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Law and Public Health > Chapter 3 > Flashcards

Chapter 3 Flashcards

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1
Q

Three primary functions of the Constitution:

  2. 3.
A

Three primary functions of the Constitution:

  1. to allocate power between the federal gov’t and the states (federalism)
  2. to divide power among the three branches (separation of powers)
  3. to limit gov’t power (protection of individual liberties)
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2
Q

The Necessary and Proper Clause in Article I, S 8 of the Constitution

A
  • Permits Congress to employ all means reasonably appropriate to achieve the objectives of the enumerated national powers
  • This “implied powers” doctrine has enabled the federal gov’t to expand greatly the network of public health regulation
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3
Q

The “reserved powers” doctrine

(The 10th Amendment, basically, holds that…)

A

Holds that states may exercise all the powers inherent in gov’t

All the authority necessary to govern that is neither granted to the fed gov’t nor prohibited to the states.

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4
Q

*parens patriae *power

A

protecting the interests of minors and incompetent persons

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5
Q

Preemption

  • What is the basis for it?
  • What does it mean?
A
  • A rule of law stating that if Congress has enacted legislation on a subject matter, it takes precedence over state or local laws
  • stems from the Supremacy Clause in the Constitution
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6
Q

By the authority of the Supremacy Clause, Congress may______.

A

Preempt, or supersede, state public health regulation, even if the state is acting squarely within its police powers

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7
Q

The ____ creates health policy and allocates the resources necessary to effect it.

A

The legislature creates health policy and allocates the resources necessary to effect it.

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8
Q

The _____ branch enforces health policy

A

The **executive **branch enforces health policy

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9
Q

Public Health Agencies

Federal

State

Local

A

Federal: Health and Human Services

Public Health Depts at the state and local level

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10
Q

The judiciary’s task

A

to interpret laws and resolve legal disputes

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11
Q
A
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12
Q

The Supreme Court has repeatedly held that a government act that causes harm is _____, while gov’t _____ in an existing state of affairs is not.

A

The Supreme Court has repeatedly held that a government act that causes harm is actionable, while gov’t passivity in an existing state of affairs is not.

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13
Q

Two exceptions to the “no duty to protect” rule

A
  1. the gov’t has a duty to a person placed in a custodial setting such as a prison or mental institution who, by reason of the deprivation of liberty, is unable to care for him/herself
  2. the gov’t has an obligation to protect a person if the state increased the threat of harm so that it is responsible for creating the danger
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14
Q

Definition of The Police Power

A
  1. authority inherent in the state to enact laws; promulgate regulations, and adjudicate to:
  2. Protect, Preserve, and Promote
  3. Restrict Private Interests (within Federal and State Constitutional Limits)
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15
Q

In America, the parens patriae function belongs to the _____

A

States

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16
Q

The state, as the *parens patriae, *has the authority to

A

protect the welfare of persons who are unable to understand the nature and consequences of their decisions and who require protection in their own interests

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17
Q

The parens patriae function is asserted not only to protect incompetent individuals but also to _____.

A

To safeguard the general community interests in health, welfare, and economic benefit.

  • This meaning is used to describe a state’s standing or right to sue in court to promote the communal interests
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18
Q

5 Federal Constitutional powers to protect the public’s health

A
  1. Regulate Interstate Commerce
  2. Tax and Spend
  3. Protect Intellectual Property
  4. Ratify Treaties
  5. Enforce Reconstruction Era Amendments (slavery, equal protection, voting)
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19
Q

Public Health Application for “Regulate Interstate Commerce”?

A

The commerce power has been used in the fields of environmental protection, food and drug safety, occupational health, and other public health matters

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20
Q

Public Health Application for “Tax and Spend”?

A
  • To raise revenue to provide for the good of the community
  • Affords financial resources to provide health services; also affords power to regulate risk behavior and influence health-promoting activities
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21
Q

Public Health Application for “Protect Intellectual Property”?

A

Patents for vaccines, pharmaceuticals, and medical devices

22
Q

Public Health Application for “Ratify Treaties”?

A

Framework Convention on Tobacco Control (U.S. signed but not ratified)

Framework Convention on Climate Change (Kyoto Protocol) (U.S. signed but not ratified)

23
Q

Public Health Application for “Enforce Reconstruction Era Amendments (Slavery, Equal Protection, Voting)”?

A

Civil rights and disability rights legislation

24
Q

United States v. Lopez, the Court held that

A

Congress exceeded its commerce authority by making gun possession within a school zone a federal offense, concluding that possessing a gun within a school zone did not “substantially affect” interstate commerce

Court declared the statute Unconstitutional

25
Q

*United States v. Morrison (2000), *the Court

A

struck down the private civil remedy in the Violence against Women Act

found no national effects on interstate commerce, reiterating its arguments in Lopez

Congress may not regulate noneconomic violent criminal conduct solely on that conduct’s aggregate effect on interstate commerce

26
Q

Lopez and Morrison’s significance

A

The Court did not invalidate these statutes on grounds that regulating guns in school zones or violence against women were unimportant aims of gov’t, but only that they were outside the reach of the federal gov’t

The Court would henceforth examine the exercise of federal police power authority

27
Q

The “Dormant” or “Negative” Commerce Clause

A

Limits state authority to regulate in ways that place an undue burden on interstate commerce

Limits state public health authority that unduly burdens interstate commerce

State and local laws are unconstitutional if they place an undue burden on interstate commerce which means they cannot pass laws that discriminate against other states with respect to interstate commerce

28
Q

Cooperative Federalism

A

Under this model

  • federal agencies (e.g., the EPA) establish minimum national standards
  • states retain the choice to administer the federal standards themselves
  • or have federal authorities implement national standards
29
Q

11th Amendment

What does it grant?

A

“Sovereign Immunity”

Grants states immunity from certain lawsuits in federal court without the state’s consent

30
Q

“Sovereign Immunity”

Importance?

A

Important to states’ autonomy because it limits Congress’s power to authorize private lawsuits against states

31
Q

What constitutional powers does Congress’s power to abrogate sovereign immunity depend on?

A
  1. Spending Power
  2. Commerce Power
  3. Reconstruction Amendments
  4. Injunctive Relief
32
Q

Constitutional Power dependent upon by Congress to abrogate sovereign immunity

Spending Power

A

Congress may require a waiver of state sovereign immunity as a condition of receiving federal funds, even though it may not order the waiver directly

33
Q

Constitutional Power dependent upon by Congress to abrogate sovereign immunity

Commerce Power

A

So basically, these cases effectively preclude Congress from authorizing private individuals to sue states for infringing important federal rights, such as patent protection, consumer protection, or civil rights

34
Q

Constitutional Power dependent upon by Congress to abrogate sovereign immunity

Reconstruction Amendments

A

Basically, the Court has been more willing to allow abrogation of sovereign immunity in cases involving race or sex discrimination or the exercise of fundamental rights such as access to the courts.

35
Q

Constitutional Power dependent upon by Congress to abrogate sovereign immunity

Reconstruction Amendments

Board of Trustees of the University of Alabama v. Garrett (2001)

A

the Court held that Congres exceeded its Fourteenth Amendment power by authorizing state workers to sue for discrimination under Title 1 (employment discrimination) of the Americans with Disabilities Act (ADA)

36
Q

Constitutional Power dependent upon by Congress to abrogate sovereign immunity

Commerce Power

Seminole Tribe of Florida v. Florida

A

The Court held that Congress lacks the power, when acting under the Commerce Clause, to abrogate the states’ soveriegn immunity in federal court

37
Q

Constitutional Power dependent upon by Congress to abrogate sovereign immunity

Injunctive Relief

A

It is feasible that “indirect” suits may be permitted against state officers, even if suits against the state itself are barred

38
Q

Constitutional Power dependent upon by Congress to abrogate sovereign immunity

Injunctive Relief

Ex parte Young (1908)

A

The doctrine of *Ex parte Young (1908) *permits injunctive relief against state officials in certain circumstances, even when the state itself is immune from suit.

39
Q

The Reserved Powers Doctrine

A

although Congress may exercise its legislative authority directly over private persons or businesses, it lacks the power to compel states to regulate according to the federal standards

the Court’s theory is that state officials “bear the brunt of public disapproval, while the federal officials who devised the regulatory program may remain insulated from the electoral ramifications of their decision.”

40
Q

The Reserved Powers Doctrine

New York v. United States (1992)

What did Congress enact?

A

Congress had enacted monetary and other incentives to induce states to provide for disposal of radioactive waste generated within their borders

41
Q

The Reserved Powers Doctrine

New York v. United States (1992)

“Take title” provision?

A

If a state was unable to dispose of its own waste, it was req’d under the statute to “take title” and possession of the waste.

42
Q

The Reserved Powers Doctrine

New York v. United States (1992)

“Take title” provision and it’s problems?

A

The Court invalidated the “take title” provision because the Constitution does not confer upon Congress the ability to “commandeer the legislative processes of the States by directly compelling them to enact and enforce a federal regulatory program

43
Q

Printz c. United States (1997)

A

Brady Handgun Violence Prevention Act

The Court rejected the distinction between “making” law or policy on the one hand and merely enforcing or implementing it on the other hand

44
Q

In an era of “new federalism,” a body of public health law may be vulnerable to challenges on # Amendment grounds

A

Tenth

45
Q

The 3 questions we should ask about gov’t intervention to promote the common good

A
  1. Does the gov’t have a **DUTY **to protect the public’s health and safety?
  2. What POWER does gov’t have to regulate in the name of public health?
  3. What LIMITS exist in the exercise of public health powers?
46
Q

Deshaney v. Winnebago County Dept of Social Services

What happened?

A

DeShaney sued Winnebago claiming that their failure to act deprived him of his liberty in violation of the Due Process Clause of the 14th Amendment to the United States Constitution

47
Q

Deshaney v. Winnebago County Dept of Social Services

What’s the Due Process Clause of the 14th Amendment?

A

It provides that no State shall deprive any person of life, liberty, or property, without due process of law

48
Q

Deshaney v. Winnebago County Dept of Social Services

The problem with the Due Process Clause

A

Nothin in the language of the Due Process Clause itself requires the State to protect the life, liberty, and property of its citizens against invasion by private actors

The Clause was intended to prevent gov’t “from abusing [its] power, or employing it as an instrument of oppression.”

Its purpose was to protect the people from the State, not to ensure that the State protected them from each other.

49
Q

Castle Rock v. Gonzales

What happened?

A

The town of Castle Rock, Colorado violated the Due Process Clause of the 14th Amendment when its police officers, acting pursuant to official policy or custom, failed to respond properly to her repeated reportsthat her estranged husband was violating the terms of a restraining order

Respondent claims that she had a property interest in police enforcement of the restraining order against her husband; and that the town deprived her of this property without due process by having a policy that tolerated nonenforcementof restraining orders

50
Q

Castle Rock v. Gonzales

The problem?

A

The court didn’t find that the provisions of the Colorado law truly made enforcement of restraining orders mandatory

So a problem with language

Law and Public Health (4 decks)

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