Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Among other provisions, the MASKE Act included... A. Mask Requirements. A mandate that everyone in the United States own a medical- grade mask. Proof of

Among other provisions, the MASKE Act included... A. Mask Requirements. A mandate that everyone in the United States own a medical- grade mask. Proof of purchase or proof of request of free (no cost) federally offered masks are required with yearly IRS tax forms. Failure to show proof results in a $50 penalty. This clause would sunset yearly unless renewed by Congress. B. Quality of masks. Any company developing masks, even if selling exclusively within a locality or state, was required to meet specific quality regulations.C. Masks in schools. Required all schools (i.e., public, private, charter, or parochial school) to provide masks to students. Required all students, grade 5 through college, to wear masks. This clause would sunset yearly unless renewed by Congress. D. Limited Capacity Entertainment. Required that all bars, restaurants, and large entertainment spaces in counties with over-capacitated hospitals: (a) remain at 40% indoor capacity, (b) that all patrons and staff must wear masks indoors, and (c) close after 9:00 p.m. and may only reopen at 7:00 a.m. Required states to fully implement and enforce. Penalties would be levied through state penalties and the federal tax code. This clause would sunset yearly unless renewed by Congress. E. Vaccinations for businesses. Authorized the Occupational Safety and Health Administration (OHSA), under the supervision of the Secretary of Labor, to devise regulations requiring vaccinations in workplaces that carried serious risk of transmission and danger to employees. *Subsequently OSHA issued a directive requiring weekly testing of all employees at businesses/organizations with 100 or more employees who work in the same facility. Employees could opt-out of testing with proof of receiving an emergency-authorized VIRUS-vaccination. *The regulation excluded certain employees that primarily work at-home or on their own (e.g., at-home web developer; truck drivers; etc.) F. Vaccinations for medical staff. Authorized the Centers for Medicare & Medicaid Services (CMS) to require emergency authorized VIRUS-vaccinations of all healthcare workers working in or for facilities/organizations that utilize Medicare and Medicaid services (i.e., federal funded programs). The lawmakers grounded their authority to enact this legislation in multiple clauses within the Constitution. However, business-owners, school districts, and civil liberties groups soon filed lawsuits in federal courts across the country citing government overreach and abuse of federal power. Three plaintiffs in Tennessee joined together and their case was the first to reach a federal district court. The district court judge ruled against the plaintiffs, citing certain provisions in the Constitution and the extraordinary times we live in. However, on appeal the 6th Circuit Court of Appeals rejected parts of the district court's ruling. The three-judge panel ruled that provisions (A), (B), and (F) were consistent with the Constitution but they also struck down provisions (C), (D), and (E). objective: The task is to figure out what parts of the Constitution might sections be defensible under? What precedents goes along with the section to defend or refuse it

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Constitutional And Administrative Law

Authors: John Alder, Keith Syrett

11th Edition

1137606711, 978-1137606716

More Books

Students also viewed these Law questions

Question

Show that c2 = 931.494 MeV / u.

Answered: 1 week ago

Question

Pollution

Answered: 1 week ago

Question

The fear of making a fool of oneself

Answered: 1 week ago