The Commerce Clause, The Aca, And Federalism - 2798 Words

The Commerce Clause, the ACA, and Federalism Sean C. Hall POL303: The American Constitution Dr. Jean Jolivet 4/25/15 Introduction Since its inclusion in the Constitution, the Commerce Clause has been quite â€Å"necessary and proper† clause, and it has also been a source of contention and debate. There have been over 1400 cases filed with the Supreme Court challenging its application in the 20th century. The passage of the controversial Affordable Care Act made the commerce being brought once more to the national attention. The administration of Obama and some other prominent voices on the left have had the argument that the clause was put in place particularly to limit the influence of the federal government on the power of trade between the states. Such prompted the question of whether the Commerce Clause grants unlimited power to expand the federal government through the regulation (federalism), or whether it has been abused by those in the federal government off and on since its inception. This question will be addressed in this paper, and this is with the focus on the implications for federalism, implications for civil rights and the implications for civil liberties. Implications for Federalism The supremacy clauses state that the constitution, federal laws, treaties and federal regulations are the supreme law of the land. The states laws that conflict with valid federal laws are considered unconstitutional. The Commerce Clause of the US constitution providesShow MoreRelatedThe Fourteenth Amendment And The National Government Essay1396 Words   |  6 Pagesamendment deals with three different types of power. The three separate powers are delegated powers, reserved powers, and prohibited powers. Delegated powers are the powers assigned to the Federal government. An example would be the power to regulate commerce. The reserved powers are the powers that are granted to the states. An example would be to regulate education. The prohibited powers are the powers that are denied to the national or state government by the Constitution. An example would be thatRead MoreCurrent Development Of Federal Health Care Policy2135 Words   |  9 Pagesit require d businesses to provide insurance (employer mandate), it set up insurance pools to allow those without care to purchase inexpensive insurance (healthcare exchanges), it required states to extend their Medicaid coverage (Medicaid expansion clause), and it forbade insurance companies from excluding people from coverage for preexisting conditions . Among other aspects, this meant that act requires individuals to maintain health insurance – the so-called individual mandate – and requires theRead MoreThe Supreme Court Of Public Health Essay1239 Words   |  5 Pagesenforceable limits on Congress s power. The Supreme Court has narrowed the scope of the commerce power, when held the congress exceeded its commerce clause authority by making gun possession a federal offense. As Baum (2010) asserts that, in New York, the Supreme Court struck down a federal statute providing for the disposal of radioactive waste as violating the 10th Amendment (Baum, 2010, p. 69). In an era of n ew federalism, the Supreme Court has gradually limited federal public health powers and returnedRead MoreHealth Care And Affordable Care Act1714 Words   |  7 Pagesto regulate health insurance yet under the ACA, Congress is now regulating the States and their commerce. â€Å"(The Framers) gave Congress the power to regulate commerce, not to compel it. Ignoring that distinction would undermine the principle that the Federal Government is a government of limited and enumerated powers. The individual mandate thus cannot be sustained under Congress’s power to â€Å"regulate Commerce.† Pp. 16–27. By regulating the State’s commerce, Congress is limiting what States really needRead MoreThe Framers And The Constitution2065 Words   |  9 PagesThe Framers chose federalism because they had already tried confederalism under the Articles of Confederation and had found that it created a central government that was too weak to do what was needed. They also did no t go with a unitary system because people did not trust a central government because the people had just become free from a centralized British government that was too oppressive. Also in choosing federalism it prevented against tyranny. The want to split the power of government soRead MoreThe Case Of The American Legal System2369 Words   |  10 Pagesthe U.S constitution refers that the constitution and the laws of the US which shall be made in the pursuance thereof as the â€Å"supreme law of the land,† Marbury v. Madison exemplifies that understanding . Since the US legal system is based on federalism. The Tenth Amendment of the U.S constitution shift the power and legal authority away from the states and towards the federal government. The federal government gains more power over the state but there is a certain jurisdiction of boundaries that

Woman and Young Girl Free Essays

An old man is lying on a cardboard box in the middle of the park with no blanket to cover him. A young girl approaches him) YOUNG GIRL: Excuse me sir†¦ Are you k? WSDL you like a hot beverage? (The old man opens his eyes and smiles) OLD MAN: (in a soft voice) Oh, yes I would, young lady. YOUNG GIRL: It’s freezing†¦ Come with me. We will write a custom essay sample on Woman and Young Girl or any similar topic only for you Order Now There’s a restaurant Just across the street. Let me help you stand up. (The young girl helps the old man to stand up. They walk slowly toward the restaurant. They enter and sit on a table. The waitress approaches them. She has a notepad and a pencil. There Is a a man and a woman sitting on a nearby table) WAITRESS: What would you like to order? YOUNG GIRL: Do you have any suspended coffees? WAITRESS: (smiling) I am afraid we do not†¦ But we do have a suspended meal If you want one. YOUNG GIRL: Well, that’s great! Bring It to the gentleman, please. Oh†¦ And a cup of coffee, too. WAITRESS: (writing on a notepad) And what would you like to eat? YOUNG GIRL: I’d like a sandwich, and a cup of hot chocolate. WAITRESS: would that be all? YOUNG GIRL: yes, please. WAITRESS: Your order will be ready In a few minutes. (The Waitress leaves) YOUNG GIRL: (to the Old Man) I am Sandy. What Is your name? OLD MAN: Hello Sandy, my name Is Craig. You are a very generous girl. WAITRESS: Enjoy your meal! YOUNG GIRL: Thanks: (The old man starts to eat) OLD MAN: (smiling) Thank you! This is Just what I needed. YOUNG GIRL: Let’s eat before it gets cold! (The Man and the Woman on the nearby table call the Waitress. She approaches them) MAN: Excuse me, but we couldn’t avoid listening to the conversation. That young RL asked for a suspended coffee, and we were wondering†¦ WOMAN: What is a suspended coffee? WAITRESS: (smiling) It’s simple. People pay in advance for a coffee meant for someone who can not afford a warm beverage, but they can also order a sandwich or a whole meal. WOMAN: Oh, I see. It’s a simple but amazing cause . MAN: So people pay in advance for one or several coffees without drinking them. WAITRESS: That’s right. Then, a customer-in-need asks if there is a suspended coffee available and have a hot drink without having to pay for it. WOMAN: A nice hot cup of goodwill! What a marvelous idea. We’re definitely going to do this! MAN: Please, bring us the check, and add two suspended meals, and two suspended coffees. WAITRESS: That is very nice of you! I’ll be back in a minute. WOMAN: It’s a good tradition which I think we should adopt. I am going to tell all my friends and relatives. (The Waitress comes back and gives them check to the man. The man takes out his wallet from his pocket, and pays the Waitress) WAITRESS: Thank you. It’s a great way to help homeless in the freezing cold. WOMAN: (looking at the Young Girl) We are very touched and impressed for what he did. WAITRESS: A single act of kindness can change a person’s life. (The man and woman stand up) MAN: Oh, and by the way†¦ The food was delicious! MAN: Thanks, you too. (The man and woman leave. The waitress approaches the Young Girl and the Old Man) WAITRESS: Is everything fine? WSDL you like something else? YOUNG GIRL: Yes, bring us two cups of hot chocolate. We’re having a real nice conversation here. OLD MAN: (smiling) And she’s a good listener, too. WAITRESS: That’s great! Two hot chocolates are on their way! (The waitress leaves) The End How to cite Woman and Young Girl, Papers

Expert Systems with Applications

Questions: 1. Discuss what happens to the average inventory level if the demand uncertainty is high. 2. Discuss what happens to the reorder level if the lead time is long. 3. Discuss what happens to the order quantity and the average inventory level if the ordering cost is high. 4. Discuss what happens to the average inventory level if the desired service level is high. Answers: Since the manufacturer is concerned that the distribution centre might bring not all of the products because it tends to depends on seasonal demand variability of the distribution centre. If the demand is less that the initial level, i.e., 1000 units, then the manufacturers should concentrate fewer productions for the upcoming season for maintaining the expected profit in the long run (Crdenas-Barrn et al. 2012). In that case, it does not make any sense for the distribution centre to give an incentive to manufacturer to produce more in the seasonal because demand is low and it will be difficult to sustain the expected return in the upcoming season. In the given scenario, penalty should be imposed on the manufacturer for each product produced but the distribution centre should buy effect because for this penalty imposition, the demand will fluctuate and cost will be higher for fixed cost of production. It is always advisable to keep the inventory level less while making the client satisfy and ensure the maximum profitability (Chen, et al. 2014). Less inventory means, fewer currencies tied up in stock, fewer storage costs and lower risk of being stuck with unsellable products. The uncertainty of demand is one of the most vital factors influencing average inventory levels. But the firm should maintain the certain level of inventory for unstoppable production is called the safety stock which is an important item at the time of calculating average inventory level at the time of high demand uncertainty. Therefore, safety stock is referred as buffer against high demand. As a result, shorter inventory cycles tend to decrease the level of uncertainty, which lowers volatility in average inventory levels. As per the formula, the greater the demand uncertainty reflects higher the standard deviation of demand for a product. In that circumstances, the larger the average inventory must be to ret ain the same service level. The Reorder level formula is level of inventory when an entity should issue a purchase order to replenish the amount on hand (Taleizadeh, et al. 2012). On the other hand, lead time is determined the duration between the placing an order and the receipt of that order. In the circumstances, when lead time is long means that it is not required to order for inventory in the recent time and it also indicates that the actual level of inventory usage of a firm has been declined. The basic EOQ model is significant for measuring the optimum ordering size at the minimising carrying costs and ordering costs. The basis assumption here is the order quantity received all at once. Now, if the ordering costs are high, then the total order quantity will be higher along with the average level of inventory. Therefore, the optimum ordering size determination cannot be possible in that circumstance. It is always recommended to maintain a high service level because the chances of out of inventory become less in that circumstances (Teng et al. 2012). Now if the desired service level is high for any firm, then the safety stock will be higher and the average inventory level will be greater in that case. In addition, it will be difficult to maintain the requisite demand in that circumstances and Q will no longer be considered the best order quantity for that firm. References: Crdenas-Barrn, L. E., Trevio-Garza, G., Wee, H. M. (2012). A simple and better algorithm to solve the vendor managed inventory control system of multi-product multi-constraint economic order quantity model.Expert Systems with Applications,39(3), 3888-3895. Chen, S. C., Crdenas-Barrn, L. E., Teng, J. T. (2014). Retailers economic order quantity when the supplier offers conditionally permissible delay in payments link to order quantity.International Journal of Production Economics,155, 284-291. Taleizadeh, A.A., Pentico, D.W., Aryanezhad, M. and Ghoreyshi, S.M., 2012. An economic order quantity model with partial backordering and a special sale price.European Journal of Operational Research,221(3), pp.571-583. Teng, J. T., Min, J., Pan, Q. (2012). Economic order quantity model with trade credit financing for non-decreasing demand.Omega,40(3), 328-335.