Administrative Appeal Process


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Q1– Administrative Appeal Process

Joe should file his case in a federal Court System.

Q2 – Administrative Appeal Process

Joe’s decision to appeal on the ground of procedural due process and equal protection clauses falls under constitution law jurisdiction. The federal court system has the responsibility to handle cases dealing with constitutionality of the law. Constitutional law encompasses any law or right that originates from the United States Constitution. Failure to observe due process or violation of equal rights violates the fundamental rights protected by United Constitution (Stephens and Scheb, 2011). The Fifth and the Fourteen Amendments of the United States Constitution limit the power of the federal and state governments to discriminate. 

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For instance, in the case of Florida et al. V United States Department of health and Human resources, the United States Court of Appeals for the Eleventh Circuit overturned the individual coverage requirement as unconstitutional while upholding the constitutionality of the Medicaid expansions. Among other issues, the states have argued that the Affordable Care Act is coercive and, thus, violates the Tenth amendment.

Joe has a case. Individuals have rights to petition federal courts if they feel that their rights as protected by the constitution are violated.

References

Carper, D. Et al. (2011). Understanding the law. New York: Cengage Learning. 80

Curry, J. Et al (1997). Constitutional government: the American experience. Boston: Kendall/Hunt Pub.Co.

Florida v United States Department of Health and Human Services, 648 F. 3d 1256.

Stephens, O. & Scheb, J. (2011). American Constitutional Law: Civil Rights and Liberties. New York: Cengage Learning.