HSA 3150 Chapter Notes - Chapter 4: Supremacy Clause, Cooperative Federalism, Rein
Document Summary
These disputes arise primarily in three areas: (1) questions of the extent of congressional authority, (2) questions of the power of implementing agencies, and (3) questions of federalism pertaining of federal and state levels of government. Our discussion of how courts act as constitutional referees to affect health policy begins with one of the most celebrated or reviled, depending on one"s opinion about the aca, Supreme court decisions in recent times: national federation of independent business (nfib) v. sebeus. As referees, courts have the power to rein in legislative policymaking by deciding a policy exceeds constitutional boards. Courts refereeing questions of the power of administrative agencies. This authority includes the ability, indeed the responsibility, to write and issue rules and regulations that flesh out the details of a legislatively enacted policy and establish standards for regulated parties" compliance with the legislation. A challenge asserting an unreasonable interpretation of authority: the irs and tax subsidies under the aca.
