Timothy Craig Allen (2013) Digital Pathology and Federalism. Archives of Pathology & Laboratory Medicine In-Press.
EDITORIALS
Timothy Craig Allen, MD, JD
Under the principle of federalism, each state regulates the practice of medicine for the protection of its citizens as part of the state's police powers. The term “police powers” was coined by Chief Justice John Marshall in Brown v Maryland in 1827, 25 US (12 Wheat.) 419, 442–443 (1827), and “[a]s recently as 1991 the Supreme Court spoke in Barnes v. Glen Theatre [501 U.S. 560, 569 (1991)] of ‘the traditional police power of the States' as one which ‘we have upheld [as] a basis for legislation'; this plurality opinion of the Court defined it as ‘the authority to provide for the public health, safety, and morals.'” 40 These police powers are fundamental, basic powers that states hold and are “one of the most important concepts in American constitutional history”40,41
No comments:
Post a Comment