The Constitution imposes certain limitations on state power. These limitations may be express or implied. The most fertile ground for litigation in this field is the dormant Commerce Clause.
Sample Exam Questions Covering: This is not the same question that is answered as part of the Model Answer. That question does not limit your reply to a single issue, but asks you to discuss all relevant constitutional issues. The members of Congress have become alarmed at the increasing popularity of cosmetic surgery in the United States.
Over the last five years, there has been a percent increase in the number of cosmetic surgery procedures performed in the United States. While some of these involve relatively minor treatments, others involve major amounts of expensive Essay dormant commerce clause of the face and body.
Congress has concluded that this trend has been fueled by the fact that we are increasingly a society that worships youth and youthful appearance, by the popularity of television shows such as Extreme Makeover and by the aging of the baby boom generation.
However, among the more surprising trends identified by Congress is the fact that the percentage increase in cosmetic surgery is just as high among people between 20 and 30 as it is among those who are over The boom in cosmetic surgery procedures has been an enormous economic benefit to the cosmetic surgery industry.
Commerce Clause. Research Paper: Commerce Clause Found in the U.S. Constitution under Article 1, Section 8, Clause 3, the Commerce Clause essentially gives Congress the authority “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” It also prevents states from passing any laws that would inhibit or excessively burden commerce between states. The most fertile ground for litigation in this field is the dormant Commerce Clause. This chapter is primarily concerned with the issue of whether, faced with federal inaction, a state may enact legislation that affects interstate commerce. Sample Exam Questions Covering: Commerce Clause, Spending Power, State Autonomy (Tenth Amendment), Dormant Commerce Clause, Privileges and Immunities Clause of Article IV, and Preemption Sample Exam Question One - Commerce Clause Issue (NOTE: This is not the same question that is answered as part of the Model Answer.
This includes physicians, hospitals, day clinics where many minor procedures are performed, drug companies, makers of devices such as implants, to name some. In its investigation, Congress learned that cosmetic surgery is a relatively unregulated part of the health care industry.
There is no special certification for physicians in cosmetic surgery.
Therefore, physicians who have been certified in any field, no matter how unrelated to cosmetic surgery, can perform cosmetic surgery procedures.
Under the statute, a person is not permitted to undergo a major cosmetic surgery procedure, except where necessary for the physical health of the person or to correct a major physical abnormality that interferes with normal appearance, unless approved by a Cosmetic Surgery Approval CSA Panel created at each facility licensed to perform cosmetic surgery.
The CSA Panel shall consist of 3 physicians and a patient advocate. Three of the four Panel members must vote to approve a cosmetic surgery request for it to proceed.
Patients whose requests are denied may ask for reconsideration of the decision and, if unsuccessful, may seek judicial review. Adam Audrey is a 25 year old man from Gary, Indiana who wishes to undergo extensive plastic surgery to change his appearance.
He is seeking a nose job, chin and cheek implants, and an eye lift. Audrey has been unhappy with his looks and was often ridiculed by other children because of his appearance. Audrey hopes the cosmetic surgery will help him to more fully enjoy life because he will no longer be uncomfortable with social interactions.
Audrey consulted with a reputable cosmetic surgeon in Chicago, Illinois.
The surgeon agreed to perform the procedures he requested. As required, the surgeon submitted Mr. After reviewing his case, the Panel rejected Mr. Audrey is very upset that his request to proceed with cosmetic surgery was denied.
He believes that a decision to have the surgery is one he should be permitted to make free of federal government involvement. You are a law clerk to the judge assigned to the case. The judge asks you to write an analysis of the Commerce Clause arguments that can be made by Adam Audrey in challenging the constitutionality of FCSPA as well as the Commerce Clause arguments that can be made by the Secretary of HHS in defending the constitutionality of the statute.
SWis a corporation with its headquarters in Alabama.Necessary and Proper Clause, Congress can impose conditions on its • Reasons Supporting Dormant Commerce Clause Principle: 1.
HistoryÆCreation of Constitution in response to problems with Articles of Confederation where states were free to create trade barriers. 2. Article I, Section 8, Clause 3 of the United States Constitution, the Indian Commerce Clause states that: The Congress shall have power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes In the Constitution, this is Congress' only express authority to deal with the tribes.
This is an essay about the Commerce among the States in the Constitution. The Heritage Guide to The Constitution The Dormant Commerce Clause and the Constitutional Balance of Federalism.
May 02, · Dormant Commerce Clause: Advise for Analyzing. This post will provide the analysis that you should use whenever you come across a Dormant Commerce Clause issue, either on an essay, or on the MBE.
First, the Dormant Commerce Clause applies to state action. Mar 09, · In this Essay, I’ll argue that original historical evidence I’ve collected suggests that the political economy premises on which Quill rests are fundamentally mistaken. But I believe that same evidence should lead the Court to keep in place the larger body of “Dormant Commerce Clause” jurisprudence from which Quill first benjaminpohle.comr: Stanford Law School.
Dormant Commerce Clause Note: Please remember that a flowchart like this is inherently limited, and that the law as developed by the courts is always more complicated by loose ends than a flowchart like this can reflect.