Role of US Constitution Paper Essay

Role of US Constitution Paper Essay
The highest source of law is the United States Constitution. This is a set of overriding legal doctrines which may not be contradicted by any other law. In the United States Constitution, we agree as a nation to conduct our government in a certain way, and to respect certain basic human rights. Any law that violates a provision of the United States Constitution will be declared invalid by the courts. (Lecture Notes Week 1)

The Constitution of the United States of America not only protects the rights and privileges of the citizens residing in the United States, but it also protects businesses and sets an economic foundation as well. As for the American legal system, “it is the most comprehensive, fair, and democratic systems of law ever developed and enforced” (Cheeseman, Henry R., 2007).

The American legal system also provides support to the United States Constitution, and “consists of rules that regulate the conduct of individuals, businesses, and other organizations…It is intended to protect persons and their property against unwanted interference from others” (Cheeseman, 2007). The following paragraphs will attempt to describe the role of the Unites States Constitution and the United States legal system in business regulations.The United States constitution is the supreme law of the land. This document at more than 200 years of age is the oldest written constitution of a national state that is used in the world today. Written by 55 delegates of the Constitutional Convention in 1787, it was intended to replace the Articles of Confederation which was considered weak and needed to be refurbished.

The constitution gave the federal government enumerated powers and divided the federal government into
three branches. Article I of the Constitution established the legislative branch which is Congress, the Senate and the House of Representatives. Article II established the Executive branch which consists of the President and the Vice-President. Article III established the Judicial branch which consists of the Supreme Court and other federal courts.

This separation of powers helps the citizens of the United States know that there rights are protected by limiting the government’s ability to restrict them.
Specifically the Legislative branch, this power is in charge of regulating commerce, that is, protection of business matters as well as individual matters.
The supremacy clause reiterates that the constitution is the supreme law and that any other law (state, county, and city) that conflicts with federal law is deemed unconstitutional. This paper will describe how business regulations and the constitution can conflict and also agree with daily organizational operations.

Positive Business Regulations

It is our right as United States citizens to own a business and make a comfortable living for our families. But within that right the government keeps a watchful eye out on corporations, partnerships, and sole proprietorships by requiring certain rules. Rules such as regulating hours of labor, limiting employment for children, and regulating payment of wages.

These rules did not exist during the time of slavery and indentured servitude but this is the very reason why. There’s a clause in the United States Constitution called a Commerce Clause which grants Congress the power “to regulate commerce with foreign nations, and among the several states, and with Indian tribes.” Because this clause authorizes the federal government to regulate commerce, it has a greater impact on business than any other provision in the Constitution. Among other
things, this clause is intended to foster the development of a national market and free
trade among the states.

The Commerce Clause gives the federal government the authority to regulate interstate commerce. Originally, the courts interpreted this clause to mean that the federal government could only regulate commerce that moved in interstate commerce. The modern rule, however, allows the federal government to regulate activities that affect interstate commerce. Under the effects on interstate commerce. (Cheeseman, Henry R., 2007).
How a Constitutional right affects a business and how the legal system is used with respect to recognizing or protecting that right
In my organization the Unity Healthcare is a organization, that the U.S. government addressed the issue of providing universal health care to all the patients.. The emergency of electronic data banks in health care has raised many issue: each citizen's right to privacy compared with the collective benefit to society when critical data on quality assurance and scientific research are shared by an array of network users. The choices we face are difficult, and the solution may necessarily reflect a compromise that alters traditional beliefs in the right to personal privacy. However, Congress can take the initiative by enacting statutes to ensure that sensitive information contained in electronic patient records is not divulged without a patient's consent and is protected against fraudulent access and abuse. Here’s how some of the information can be protected. By the Legal Protection of Health Care Privacy. If in our society that we truly believes that the value of health care information warrants developing on-line data networks, it must reckon with the potential effects on personal privacy. One method of protecting privacy would be to establish rigorous legal safeguards. Such safeguards are inadequate, fragmented, and inconsistent, however, and they have major gaps and substantial theoretical problems. In order to protect the patients information we have the Federal Protection of Health Care Information
Minimum levels of protecting the privacy of information are afforded by the U.S. Constitution and federal legislation; however, both suffer from serious limitations . Under the U.S. Constitution, the right to privacy is restricted to state action. Any constitutional protection of privacy afforded to individuals does not pertain to private industry, where considerable information is collected and stored. Even when the government is the collector of data, constitutional safeguards may be nominal. Courts allow the states wide latitude in protecting the public health of their residents and are certain to view the issues of quality assurance, cost containment, and scientific research as important, if not compelling. When government officials address such policy issues as privacy and security of health care information, the deferential approach adopted by the judicial system may prevail.

The Privacy Act and the Freedom of Information Act also provide some protection for health care records maintained by the federal government. Although these laws can be useful in safeguarding personal data, they have the following limitations: The laws only protect federal records and do not extend to records kept by state governments or the private sector, federal agencies retain discretion to disclose data without the consent of individual citizens, and the judiciary is empowered to require agencies to disclose health care records if they are required for the administration of justice.

Several federal statutes and regulations provide additional protection of privacy but only in limited contexts. The Americans with Disabilities Act requires employers to maintain separate files on medical questionnaires and examination records of applicants and employees regulations of the Department of Health and Human Services stipulate that federally funded facilities strictly protect patient records on drug and alcohol treatment , and "Medicare Conditions of Participation for Hospitals" regulations require hospitals to implement procedures that ensure confidentiality of patient records [
State Protection of Health Care Information

Although most states have nominal safeguards that address the privacy of health care information, they are often incomplete or inadequate. Like federal legislation, most state statutes restrict their scope to government-held data. Even these statutes may be silent about the degree of protection afforded, may confer less protection to certain kinds of information, or may grant state officials broad discretion to disseminate personal information.

State statutes seldom specify whether a narrow group of individuals may have access to specific information but often provide a wide definition of who may have access. On the other hand, legislation may authorize access to so many groups that it undermines the right to privacy. In addition, state statutes usually do not address secondary use of information (for example, disclosure of data for purposes beyond those used to justify the original collection). Accordingly, users of the data are uncertain about whether or to what extent data collected for one purpose can be accessed for an unrelated purpose. For example, a state statute might not include guidelines on whether data collected for quality assurance can be used by clinicians who are compiling data on diagnoses and treatments; by scientific researchers; or by welfare, immigration, and judiciary officials.

State statutes often do not explicitly protect health care data from disclosure through subpoena or court order, which may render sensitive data vulnerable to disclosure in civil or criminal proceedings. Furthermore, if data are disclosed without legal authorization, penalties for such disclosure may be weak or nonexistent. In addition, public health officials may be exempt from liability for negligent handling of information. Such strict protection of records on specific diseases or information has inherent problems.. Finally, privacy laws that are highly restrictive may impede the transfer of data across state lines, particularly to providers headquartered in other states.

Reference Page:

Cheeseman Henry B, (2007)The Legal Environment of Business and Online Commerce:
Business Ethics, E-Commerce, Regulatory, and International Issues, Fifth Edition Published by Prentice Hall, Pearson Education, Inc
Gostin, JD Lawrence (1997 October,15) Health Care Information and the Protection of Personal Privacy: Ethical and Legal Considerations

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