Health Law
what are the three primary functions of the U.S. Constitution? Please limit your response to no more than three sentences. 2. Briefly explain the concept of preemption. Limit your response to no more than three sentences. 3. Does the Bill of Rights apply to state and local governments? Why or why not? 4. Identify and describe the levels of Constitutional review used by courts in the United States. 5. What are the major constitutional sources of federal legislative authority/power utilized to regulate public health? Choose all that apply.: Tax and Spend Clause Police Powers The Interstate Commerce Clause Preemption Parens Patriae 6.The legal concept that the U.S. Constitution does not generally protect individual liberties by creating an affirmative duty for the government to act, but instead protects individual liberty by delineating what the government cannot do, is known as the ______________. Group of answer choices Dormant Commerce Clause Police Powers Separation of Powers Negative Constitution
Sample Solution
Health Law
The U.S. Constitution has three main functions. First, it creates a national government consisting of legislative, an executive, and a judicial branch. Second, it divides power between the federal government and the states. And third, it protects various individual liberties of American citizens. Preemption is a legal concept where a higher level of government has the authority to limit, or even eliminate, the power of a lower level of government to regulate a certain issue. This means that if a state or local law conflicts with a federal law, the federal law trumps the lower-level law. Similarly, if a city council, local board of health, or other local government entity passes a law that conflicts with a state law, the state law generally prevails.
