Chapter 3 The Source of Law and Regulations 51 Copyright Goodheart-Willcox Co., Inc. The Equal Protection Clause states that no person is to be denied equal protection of the laws. Similar persons must be treated in a simi- lar manner, and the government must have at least a rational reason to treat an individual differently. This clause, along with the Due Process Clause, has been interpreted by the courts to mean that a citizen’s funda- mental rights may not be infringed upon unless the government meets higher standards, it has a compelling interest in the area, and its actions are necessary. Due process may affect your healthcare if, for example, your medical care was being provided under a program, such as Medicaid, and you were required to prove you had a low income to qualify for payment of your bills. Before you can be dropped from a program, you are entitled to “notice and a fair hearing.” The ACA specifically includes require- ments that the healthcare exchange provide due process procedures to applicants. In addition, the process you follow must be essentially the same as any other person, without differentiation based on race, religion, or other conditions that are protected under the law. The Constitution and the Hierarchy of Law The application of the Constitution to any particular situation requires an analysis of where the government’s power to act origi- nated. Because the United States is a country comprised of 1 national government and 50 state governments, a determination of which laws take precedence when conflict between state and federal laws occur is necessary. The Supremacy Clause of the Constitution (Article 6, clause 2) asserts that federal law takes precedence over any conflicting state law. When a variance in the laws applicable to a situation occurs, federal law prevails. Therefore, when a state legalizes the use of medical marijuana within its borders, it has no effect on federal laws against marijuana use. People may still be prosecuted within that state for violating federal law. However, the discussion of our system of laws does not end here. Our system of government and law is controlled by a distinct hierarchy, the first tier of which is constitutional law (Figure 3.7). For powers del- egated to the federal government, the US Constitution is superior to all other law in the country and is often referred to as the supreme law of the land. All other laws must be formed within constitutional requirements and comply with constitutional concepts. Laws must not violate any terms of the Constitution or exceed the constitutional authority granted to government to act. Other powers not delegated to the federal government are retained by the states, each of which is governed by its own individual constitu- tion. These constitutions are not uniform, and their jurisdictions have Equal Protection Clause a phrase in the Fourteenth Amendment that is intended to end all remaining discrimination resulting from slavery and requires state laws to protect each citizen equally Supremacy Clause a phrase within Article VI of the US Constitution that establishes that all federal laws and all treaties made under the authority of the United States are the “supreme law of the land”