The Foundation of Healthcare Law in The United States
Overview
This paper examines the foundational sources of law in the United States healthcare system, including constitutional, statutory, judicial, and administrative law sources. It analyzes landmark cases such as Roe v. Wade and Simkins v. Moses H. Cone Memorial Hospital to illustrate how court interpretations shape healthcare law and constitutional rights to equal protection in medical treatment.
What this essay covers
- Four sources of law in the United States: constitutions, statutes, court interpretations, and administrative law with examples
- The Simkins case: equal protection challenge to hospital segregation and citation analysis
- Majority and dissenting opinions in Supreme Court decisions and their legal significance
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The Foundation of Healthcare Law in The U.S.
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The Foundation of Healthcare Law in The U.S.
- Identify and explain the four sources of law in the United States and give an example of each.
The first source of law in the United States are the states and federal constitutions. These are supreme documents that specify both the structure and obligations of the two tiers of government. All states are bound to the federal laws, and it is worth noting that what is illegal, one state might be legal in the other (Pollock, 1982). All actions that are contrary to the constitutional rules are considered unconstitutional. The second source is the statues. Both houses of representative and the United States Senate are given powers to enact laws (Stevens, 1894). The US constitution also specifies how the bills can be introduced into the house and how such proposed laws can be passed by the legislature (Pollock, 1982). The US president is mandated legally to assent to the passed bills by the US congress. States are also mandated to create laws which guide their people, through such laws can be challenged in the court of law by dissatisfied parties.
Court interpretations are also considered sources of laws in the United States. For example, the Roe V. Wade supreme court decision of 1973 has become a landmark law. Therefore, the present abortion cases are subject to such a landmark ruling.