A Retrospective Review Jesse C. While the original statute was aimed at Medicaid recipients, each state had the option to adopt rules making those provisions applicable to other patients as well. Some jurisdictions limited the directives to only new prescriptions whereas others made the obligations applicable to both new and refilled prescriptions. A patchwork quilt of requirements has also evolved regarding whether the offer to counsel must be made personally by the pharmacist.
Today we resolve constitutional challenges to two provisions of the Patient Protection and Affordable Care Act of We do not consider whether the Act embodies sound policies. We ask only whether Congress has the power under the Constitution to enact the challenged provisions.
In our federal system, the National Government possesses only limited powers; the States and the people retain the remainder.
In this case we must again determine whether the Constitution grants Congress powers it now asserts, but which many States and individuals believe it does not possess.
These affirmative prohibitions come into play, however, only where the Government possesses authority to act in the first place. If no enumerated power authorizes Congress to pass a certain law, that law may not be enacted, even if it would not violate any of the express prohibitions in the Bill of Rights or elsewhere in the Constitution.
Indeed, the Constitution did not initially include a Bill of Rights at least partly because the Framers felt the enu-meration of powers sufficed to restrain the Government. And when the Bill of Rights was ratified, it made express what the enumeration of powers necessarily implied: The Federal Government has expanded dramatically over the past two centuries, but it still must show that a constitutional grant of power authorizes each of its actions.
The same does not apply to the States, because the Con-stitution is not the source of their power.
The Consti-tution may restrict state governments—as it does, for example, by forbidding them to deny any person the equal protection of the laws. But where such prohibitions donot apply, state governments do not need constitutional au-thorization to act. Rather, federalism secures to citizens the liberties that derive from the diffusion of sovereign power.
United States, U. The independent power of the States also serves as a check on the power of the Federal Government: This case concerns two powers that the Constitution does grant the Federal Government, but which must be read carefully to avoid creating a general federal authority akin to the police power.
The power over activities that substantially affect interstate commerce can be expansive. Put simply, Congress may tax and spend. This grant gives the Federal Government considerable influence even in areas whereit cannot directly regulate.
The Federal Government may enact a tax on an activity that it cannot authorize, forbid, or otherwise control. And in exercising its spending power, Congress may offer funds to the States, and may condition those offers on compliance with specified conditions.
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Sustainable development is the organizing principle for meeting human development goals while at the same time sustaining the ability of natural systems to provide the natural resources and ecosystem services upon which the economy and society depends.
The desired result is a state of society where living conditions and resource use continue to meet human needs without undermining the. The Omnibus Budget Reconciliation Act,(OBRA), was established officially in This act was necessary as a result of abuse, neglect and poor quality care that was present in all nursing facilities.
Children, veterans, mentally handicapped, and elderly were the prime populations in nursing institutions. Omnibus Budget Reconciliation Act of From Rx-wiki On December 22, , President Ronald Reagan signed the Omnibus Budget Reconciliation Act of (OBRA) also known as the Federal Nursing Home Reform Act.