How does the commerce clause apply to the Patient Protection and Affordable Care Act?

1.The Patient Protection and Affordable Care Act was one of the most controversial and contentious pieces of legislation to pass Congress in recent years. The provision that attracted the most debated was the so-called Minimum Essential Coverage (MEC) provision which mandated that individuals not insured through employment or otherwise exempt obtain minimum essential health insurance or face a penalty issued through the Internal Revenue Services (IRS). The 11^th Circuit Court of Appeals, originally ruled that Congress did not have the authority to enact this provision, but this decision as later overturned by the appellate court, so the terms of the Act are applicable today.

a)How does the commerce clause apply to the Patient Protection and Affordable Care Act?

b)Why did the Court of Appeals rule that Congress did not have the authority to enact the MEC provision?,

c)Do you think the Act is constitutional according to the commerce clause? Why? Why not?

2.Criminal and civil court cases are different. Consider the two business cases. One with a criminal case and one with a civil case. Do you believe that businesses should be charged both civilly and criminally? Or should they be charged in one way, but not the other? Explain your answer.

3.Civil suits arise from damages suffered at the hands of others. It can be an individual, or based on a company mistake. The damage can be the result of intentional or unintentional acts. Think about an event that has been in the news. Describe your chosen event and explain what type of civil suit should occur. Discuss what standard it would rely upon and how you would rule on it.

4.Many countries have adopted the United Nations Convention on Contracts for the International Sale of Goods (CISG) as their common legal code governing sales contracts. The United States, however, continues to use the Uniform Commercial Code. This means that different sets of rules apply in different sales circumstances. When the parties entering into the sales contract are both from the United States, the UCC applies. However, if one party is international, the CISG applies. Although many of the topics covered in CISG and the UCC are the same, there are some differences. For example, the CISG does not require sales contracts to be in writing, and the CISG’s provisions follow the mirror image rule. a)What factors account for differences between the CISG and the UCC? b)What are the implications of these differences between the CISG and the UCC? c)Do you think the United States should adopt the CISG? Why? Why not?

5.Is FMLA effective? Why or why not? What are the implications of FMLA for firms? Do you think the United States should implement paid family and medical leave legislation? What should such legislation look like?

6. How does the Bureau of Alcohol, Tobacco, Firearms and Explosives impacts the community and citizens on a regular basis.Describe the agency’s responsibilities in the discussion. Explain how it impacts society on a regular basis.