Lecture 2 part 1 Flashcards
Sources of Law
US Constiution
Any power not specifically granted to federal government is reserved in the states of individuals
No federal or state or local law may conflict
What is the supreme law of pharmacy in the United States?
US constitution
The president can’t sign a treaty with another country that violates our constitution
Legislatures, administrative agencies, courts, and president can make laws. (may not be called laws but they have authority of law…legislature pass laws but it has to go to executive branch to be signed off on..unless they are override a veto
Administrative agencies are within the executive branch they write regulations
Federal level and in the common wealth of Massachusetts they also write policies which is a terrible ways to create law (with a policy its just written down and there it is)
Worst offenders in the federal government? FDA ☹
Massachusetts is the only state that has policies from their board of pharmacy
Courts when they make laws its through an opinion usually your lower level courts like your county courts or your district courts and the federal system they don’t usually produce a lot of common law because it will only apply to their district or in the case of the states it would be the county
Mid level courts and high level courts they will make common law based on what they said…an opinion
An executive order is law made by the president
Federal Authority to Regulate Pharmacy
Emanates from the commerce clause of the US Constitution:
“To regulate Commerce with foreign Nations, and among the several states, and with the Indian tribes”
Known as the regulation of ______________from which most federal police powers emanate
interstate commerce
If I make something in Massachusetts and I sell it in New Hampshire I’m engaging in interstate commerce…If I make something in Massachusetts and sell it in Massachusetts I’m not engaging in interstate commerce
If you make something just in Massachusetts and you only sell in MA the FDA doesn’t any authority over you
Any authority of the federal government has to come from the Constitution
The ___Amendment of the US Constitution reserves in the states any powers not delegated to the federal government
These reserved powers are termed police powers and include the authority to regulate the public’s health, safety, and welfare.
10th
When does Society typically act to create law?
______enforcement of a de minimis violation (ex:you have a tail light out on your car and 3 police cars corner you, pull you over, yank you out of your car, throw you to the ground,handcuff you)
Gross ___________ (ex: we are going make these offenses no bail offenses…you get released on your recognizance…and the worst ones are pedophiles…we are not applying justice equally…in California there are a lot of stores closing because they made it a law if you shoplift under $950 dollars that’s okay and they enforced it against shops that had their own security that were stopping people saying hey couldn’t do that and actually find them and went to put the security in prison…we are allowing crime if its just $500 dollars and thieves are just loading up their bags)
Involvement of public figures
Harsh
injustice
Why is there law regarding drugs?
To ensure __________
To ensure efficacy
To protect the _________ and/ or unknowledgeable
safety
innocent
Limits placed on the law
Who is the liming body?
Why or when do they limit law?
Certain human relationships already __________,i.e., within families, professions and religious groups
_________punishment of de minimis violations, i.e., technical violations (ex:4 ft of space for compounding we are closing you down)
Overriding individual freedom decisions should only occur to prevent harm to others (ex:So, if a rule or law limits your freedom, it’s usually because it’s meant to protect others from getting hurt.)
well-defined
excessive
Protections provided by the Bill of Rights
Who does the Bill of Rights protect? __________
From whom does it protect? The government (not private entities)
Individuals
US government structure
US Federal Government
“A democratic ________”
Tripartite meaning we have 3 branches: legislative branch, executive branch, judicial branch
republic
Legislative branch makes _______
law
Executive branch
________/administers law
enforces
Judicial branch _______law
interprets
Legislative branch makes
statutes
Executive branch makes _________,executive orders, policy and procedures
regulations
Judicial branch makes _________
common law
