Question
Which of these cases would used to defend each of these provisions and why, A. Mask Requirements. A mandate that everyone in the United States
Which of these cases would used to defend each of these provisions and why, 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):
U.S. Term Limits,Inc. v. Thornton (1995)
McCulloch v. Maryland (1819)
McGrain v.Daugherty (1927)
Trump v. Mazars (2020)
South Carolina v. Katzenbach (1966)
Gibbons v. Ogden (1824)
Schechter Poultry Corp. v. United States (1935)
McGrain v. Daugherty (1927)
South Carolina v. Katzenbach (1966)
NLRBv.Jones & Laughlin Steel Corp (1937)
United States v. Darby (1941)
Willard v.Filburn (1942)
Heart of Atlanta Motel v. UnitedStates (1964)
United States v.Lopez (1995)
Gonzales v. Raich (2005)
NFIB v. Sebelius (2012)
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