What roles do the Tenth Amendment and concurrent jurisdiction play in the state of Oregon enacting its own Death with Dignity Act regulating the conduct of its physicians' conduct with respect to prescribing medicine to the terminally ill to end their liv
es and the U.S. Constitution's silence on the federal government's power to control state medical practice?
What will be an ideal response?
ANSWER: Answers may vary: The Tenth Amendment gives all powers to the state that are not specifically enumerated and left for the federal government by the U.S. Constitution. The 10th Amendment also specifically says the states have that power as long as the Constitution does not forbid the states to have such power. Because the Constitution is silent on matters of physician licensing and regulation, by operation of the 10th Amendment, the state has all the power. There is no concurrent jurisdiction issue over the conduct of the physicians, but there is over the distribution and sale of federally controlled substances.
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