Federal Public Health Authority

Abstract This chapter explores the powers of Congress to pass federal public health laws and to delegate authority to federal agencies. The chapter starts with an explanation of how Congress’s enumerated powers limits it to certain arenas of authority. It next explores the evolution of Congress’s use of the Commerce Clause to pass public health laws, before exploring Congress’s use of the Taxing and Spending Clause. The chapter provides examples of how Congress has used both the Commerce Clause and its taxing and spending power to effectuate public health policy. Next, the chapter explains the National Federation of Independent Businesses v. Sebelius case; it details challenges to the Affordable Care Act’s individual mandate and Medicaid and explains the implications of the Supreme Court’s holdings. Last, the chapter explains Congress’s authority to delegate authority to federal administrative agencies to issue and enforce public health regulations.