Health Care: Constitutional Rights and Legislative Powers
This report analyzes constitutional and legal issues pertaining to a right to health care, as well as the power of Congress to enact and fund health care programs.
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This report analyzes constitutional and legal issues pertaining to a right to health care, as well as the power of Congress to enact and fund health care programs.
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This report summarizes the legal issues concerning the 2009 influenza A(H1N1) outbreak. The report also includes information on how containment may occur to extrapolate the legal implications of the various ways to reduce the level of contamination. The report ultimately explores the questions that may be raised as the government implements a solution to remedy the situation.
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This report provides an overview of federal and state public health laws as they relate to the quarantine and isolation of individuals, a discussion of constitutional issues that may be raised should individual liberties be restricted in a quarantine situation, and federalism questions that may arise where federal and state authorities overlap. In addition, the possible role of the armed forces in enforcing public health measures is discussed, specifically whether the Posse Comitatus Act would constrain any military role, and other statutory authorities that may be used for the military enforcement of health measures.
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