Essays on Burwell

I. Introduction A corporation is a common type of business organization in which its owners have the ability to use it as a separate, and distinct legal entity. One of the primary differences between a corporation and other types of business organizations, such as a sole proprietorship or general partnership, is that a duly formed corporation is, legally a person. Moreover, under the law, a corporation is a legal person who the owners, in essence, can control and direct to carry out a range of activities. To be sure, corporations are deemed to have a personality or personhood, including ...

Without a doubt, American political culture, values and exceptionalism has hurt the quality of care that is available to most Americans. While such a statement might not seem intuitive when one considered the more popular known principles of American political culture such as the rule of law, and equality; it does make more sense when one considers the political values that are most involved in the healthcare system and its administration. Those values include federalism, liberty, capitalism, and democracy. Federalism refer to the constitutional principle that the federal government is a government of limited power; and those powers it ...

One of the fundamental principles of the law of business associations is that a corporation is considered, under the law, to be a person albeit an artificial one. For most of the history of the nation what the idea of a corporation having “personhood” was mainly for use as a means of protecting the liability of the corporation’s owners, namely its investors, from the debts and obligations of the company. Over the last decade, however, corporations have increasingly been found to be or share some of the same rights and privileges as natural, as opposed to legal, person ...

The First Amendment evinces the framer’s intent to create a “wall of separation” between church and state. The First Amendment provides that “Congress shall make no law respecting an establishment of religion” (United States Constitution, amend, I). While there can be no government establishment of religion, religion and politics have long been closely enmeshed. Since the inception of the nation, prayer has played a prominent role in government ceremonies (Lee v. Weisman 633). Beginning with George Washington, all presidents taking the oath of office conclude with the words, “So help me God” (Jonassen 861). Presidents and politicians alike ...

Burwell v. Hobby Lobby Stores, Inc.

In 2010, Congress passed the Affordable Care Act (ACA). Under the ACA, the Department of Health and Human Services (HHS), is authorized to promulgate regulations on the kinds of contraceptives and family planning services that should be covered under certain employer-based health plans. Previously, HHS exempted a broad class of religious institutions (e.g. churches, religious orders, and their integrated auxiliaries) and not-for-profit organizations. Eventually, HHS concluded that any contraceptive approved by the FDA should be covered. Under the contraceptive mandate, any company not in compliance is subject to a penalty of $100 per ...

The bill of rights refers to the significant rights of the American citizens and plays a critical role in safeguarding the rights from infringement by the government. The original constitution was outlined in Philadelphia in 1787 and was ratified by the different states in America. The original constitution laid a base for the bill of rights. However, this constitution contained less number of individual rights guarantees and was focused on launching a system for an effective federal government. Persons such as Pinckney and Madison are perceived as the ‘architects’ of the bill of rights that is applied in America ...