The Importance Of Regulation On Public Health

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Question #4
Regulation is an important tool used by our government entities that strongly impacts public health. It can be used to enforce new policies and initiatives in order to control risks or dangers to the public and can encourage improved behaviors within the population. There are legal foundations supporting and permitting the use of regulations in our government, and there are recognized times regulation can be justified.
Regulation has multiple legal foundations supporting its existence and use. The court case of Jacobson v. Massachusetts is arguably a cornerstone to public health’s regulatory and policy foundation. The court ruled that the government could justifiably infringe on an individual’s rights in order to benefit the larger population. In this case, it was related to mandatory vaccinations (Gostin, 2008; Turnock, 2012). This set a precedent deciding that the government can step in make requirements for the good of the entire population despite individuals’ rights and oppositions.
Another legal foundation supporting the use of regulations is found in the Constitution. The powers of taxation and the Commerce Clause allow the federal government to step in and address issues that fall into their jurisdiction, sometimes requiring regulations (Gostin, 2008). Gostin notes that the power to tax “is also the power to regulate risk behavior and influence health-promoting activities”, (Gostin 2008, pg 101). Another important clause in the Constitution is the Necessary and Proper Clause that gives Congress the ability to use “reasonable means” to carry out its powers (Gostin, 2008). This includes regulatory practices involving the public’s health.
The Supremacy Clause indicates that the federal government’s decisio...

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...ing may have on the greater population. Regulations on food safety prevent illness to the masses and testing of new chemicals and additives is important (although cumbersome and costly to manufacturers). Vaccinations have helped eradicate many diseases and increased life longevity over the past century (Gostin et al., 2003). Requiring these types of behaviors helps the public as a whole in the utilitarian sense. Regulations have arguably put a financial burden on businesses (Crain & Crain, 2010) but that’s why cost-benefit analyses are important. Benefits are not necessarily free and costs have to occur to achieve regulatory missions. Without regulations, financial burdens could be alleviated but the health of the masses and degradation of the environment would be in a more dire state. Regulation can be considered a necessary evil and great benefit to public health.

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