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1. Select all correct statements. For all false statements, write the corrected answer in the rationale section. A. Agencies get their authority to issue regulations

1. Select all correct statements. For all false statements, write the corrected answer in the rationale section.

A. Agencies get their authority to issue regulations from statutes enacted by Congress.
B. Sometimes agencies get their authority from the President. The President may delegate existingPresidential authority to an agency.
C. Sometimes agencies get their authority from the courts. Sometimes judges will order an agency to issue regulations.
D. A proposed rule is an official document published in the Federal Register.
E. With rare exception proposed rules follow the same rough structure and include an opportunity for the public to submit comments.
F. If an agency receives more comments in opposition to a proposed rule than in support of the proposed rule, that proposed rule may not become a final rule.
G. When an agency publishes a final rule in the Federal Register, it is generally effective (has the force of law) no less than 30 days after date of publication.

2. Select all correct answers. For all false answers, provide the corrected answer in the rationale section.

A.

Earlier this month, President Biden announced that the federal government will be requiring millions of American workers to be vaccinated or for their employers to require testing.

B.

As established inJacobson v. Massachusetts,President Biden has the authority to mandate vaccines through the government's 10th Amendment "police powers" of health, education and welfare.

C.

The President also has the authority to issue vaccine mandates through the Preamble to the Constitution, which states, in part, "We the people of the United States, in order to form a more perfect union... promote the general welfare... do ordain and establish this Constitution for the United States."

D.

In the United States, vaccinations are typically mandated as a requirement to enter school unless a student qualifies for one of the state's exemptions, such as medical, religious or philosophical.

E.

If a state has a religious exemption for vaccinations it must be that of an established, widely-recognized religion.

F.

Because of theJacobsondecision a state may require any vaccine it wants as long as that vaccine has been approved by the FDA or other government agency deeming it safe and effective.

G.

In Jacobson, the Supreme Court upheld a Massachusetts law that gave municipal boards of health the authority to require the vaccination of persons over the age of 21 against smallpox, and determined that the vaccination program instituted in the city of Cambridge had "a real and substantial relation to the protection of the public health and safety."

3. Select all true statements. Correct all false statements in the rationale section.

A. When the Affordable Care Act was passed in 2010 it established for the first time in the U.S. a right to health insurance.
B. Health care providers, under the duty/no-duty principle are not required to provide health care services. In other words, a medical license enables but does not obligate a physician to provide care.
C. The Examination and Treatment for Emergency Medical Conditions and Women in Labor Act, which would have required all individuals to access some hospital care in medical emergencies, irrespective of the individual's ability to pay for that care or the hospital's willingness to treat the individual was declared invalid because of the no-duty principle.
D. The principle that the government has no duty to protect the health of the public is unique to health, there are, for example, constitutional rights to welfare and education.
E. The holding (ruling) within a judicial opinion has the force of law.

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