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The New Deal jolted the commerce clause into high gear, creating the regulatory agencies, commissions, and boards that continue to oversee the United States' commercial life."
During that administration, oosevelt attempted to assert a lot of federal power that had not been previously asserted by the federal government. However, a number of such laws pressed through Congress were found by the U.S. Supreme Court to lack constitutional authority. For many of these pet endeavors, FD claimed commerce clause authority.
Much of the disagreement with the law stems from the word " commerce." This is a very broad term and is the root word of commercialism. The Constitution does not explicitly define the word. Some would present the idea that it refers simply to trade or exchange, while others claim that the founders of this country and the writers of the document, intended to describe more broadly commercial and social intercourse…
Cohn, J. (2012). Did Roberts Gut the Commerce Clause? New Republic, 28 June 2012. Retrieved from http://www.newrepublic.com/blog/plank/104455/did-roberts-gut-the - commerce-clause#
Donato, R. (2012). Commerce Clause and the New Deal. Chicago Business Review, 22 Sep 2012. Retrieved from http://hbr.org/2005/09/the-commerce-clause-wakes-up/ar/1
Downes, L. (2005). The Commerce Clause Wakes Up. Harvard Business Review, September 2005. Retrieved from
S. Congress is superior as it has an increased ability to control certain aspects of commercial operations (University of Missouri-Kansas City School of Law).
Implied Powers, the Necessary and Proper Clause
The United States Constitution is at times ambiguous and leaves room for interpretation. This is the stage at which the implied powers of the Congress come into discussion and probably the most relevant example in this sense is given by the Commerce Clause, which, as shown in the previous section, implies the reduced ability of trade partner states to regulate the operations with the United States. The right to implied powers and the necessary and proper clause is written under the eighteenth paragraph of the eight section in the first article and states that the Congress has the right to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other…
2009, Necessary and Proper Clause, Answers, http://www.answers.com/topic/necessary-and-proper-clause last accessed on August 12, 2009
Commerce Clause Limitations on State Regulation, University of Missouri-Kansas City School of Law, http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/statecommerce.htm last accessed on August 12, 2009
The Constitution of the United States of America, Cornell University Law School, http://www.law.cornell.edu/constitution/constitution.overview.html last accessed on August 12, 2009
The Commerce Clause is a provision in the U.S Constitution (Article 1, Section 8) that gives Congress the mandate to regulate business with other Nations, States, and Indian Tribes. The commerce clause is the legal foundation of much of Congress's regulatory power (Rosenbaum, Rutkow, & Vernick, 2011). The sovereignty and the exclusivity of the federal government power when dealing with foreign countries and commerce regulation is largely understood. In the past, states and local authorities have been barred by the court from dealing in foreign policy matters because only they have the mandate to deal with those kinds of matters. Although states are grated with some limited powers to tax foreign commerce, the federal government remains the sole agent of Americans in dealings with foreign states.
Power to regulate
Commerce is not defined in the commerce clause or even in the Constitution; hence the courts have various interpretations of…
Ablavsky, G. (2014). Beyond the Indian commerce clause. Yale LJ, 124, 1012.
Knoll, M. S., & Mason, R. (2019). The Dormant Foreign Commerce Clause After Wynne. Va. Tax Rev., 39, 357.
Rosenbaum, S., Rutkow, L., & Vernick, J. S. (2011). The U.S. Constitution\\'s Commerce Clause, the Supreme Court, and Public Health. Public Health Reports, 126(5), 750-753.
Legal Information Institute. (2020). Clause III: Power to Regulate Commerce. Retrieved from: https://www.law.cornell.edu/constitution-conan/article-1/section-8/clause-3
In the United States constitution, the Commerce Clause refers to the power allotted to the Congress to regulate the inter-states commerce, and under the Commerce Clause, the Congress can control excessive interstate commerce. The Article 1, Section 8 of the U.S. constitution gives the power to the Congress to regulate commerce of several states, foreign nations, and Indian tribes. Typically, the Congress often uses the concept Commerce Clause to justify the legislative power over the states as well as the citizens leading to a controversy about the balance of power between the states and federal government.
Objective of this paper is to explore the concept Commerce Clause. The paper also discusses the Supreme Court decision with regard to the case "New York Times v. Sullivan and the tort of defamation."
Concept Commerce Clause
"The U.S. Constitution's Commerce Clause represents one of Congress's most important sources of legislative powers."…
Cornell University Law School. (2015). Commerce Clause. Legal Information Institute.
Cornell University Law School. (2015). New York Times Co. v. Sullivan. Legal Information Institute.
Rutkow, L. & Vernick, J.S. (2011). The U.S. Constitution's Commerce Clause, the Supreme Court, and Public Health. Public Health Rep. 126(5): 750-753.
As a result, Gibbons was providing a service and was helping ensure the free flow of ideas. The licensed that he received from Congress is regulating these principals. ased on this interpretation along with the previous case law decided in McCulloch v Maryland and the Supremacy Clause of the Constitution; New York State does not have the power to regulate trade. Instead, this power is solely reserved for Congress with the court saying, "The power to regulate commerce, so far as it extends, is exclusively vested in Congress, and no part of it can be exercised by a State. State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, & c. are not within the power granted to Congress. The laws of N.Y. granting to R.R.L. And R.F. The exclusive right of navigating the waters of that State…
"Cohens v Virginia." Oyez. 2010. Web. 6 Apr. 2010.
"Gibbons v. Ogden." Social Studies for Kids. 2010. Web. 5 Apr. 2010.
"Gibbons v Ogden." Find Law. 2010. Web. 5 Apr. 2010.
"Securities and Exchange Act of 1934." Investopedia. 2010. Web. 6 Apr. 2010.
g., juries that reflect the ethnic makeup of communities, another form of affirmative action). In the Crown Heights riots (1991) in Brooklyn, New York, Lemrick Nelson was on trial for violation of federal civil rights laws (he allegedly killed a Jewish student). The district court judge, Judge Trager, using "nontraditional" methods, attempted to create diversity on the jury by using ethnic criteria (blacks and Jews) in an attempt to reflect the actual ethnic makeup of Brooklyn (ilkenfeld, 2002). The Second Circuit Court, however, "struck down" judge Trager's construction of an ethnically reflective jury; the Second Circuit held that Trager's court "violated the Equal Protection Clause." The circuit explained that "...potential jurors' Fourteenth Amendment rights to be free from racially discriminatory state action preclude treating individual jurors differently based on a desire to maintain a certain aggregate jury composition" (ilkenfeld, 2002), according to an account in the Columbia Law Review.
Bressman, Jeremy. "A New Standard of Review: Craig v. Boren and Brennan's 'Heightened
Scrutiny' Test in Historical Perspective." Journal of Supreme Court History 32.1 (2007):
University of Minnesota Sociology Department. "Fullilove et al., Petitioners, v. Philip M.
Klutznick, Secretary of Commerce of the United States, et al." Retrieved November 25, 2008 at http://www.soc.umn.edu/~samaha/cases/fullilove_v_klutznick.html .
10th Amendment or the Supremacy Clause should be stricken down, it is important to define what each is. The 10th amendment is "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" (Mcpherson, 2009, p. 254). The Supremacy Clause is "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land" (Dixon, Mccorquodale, Williams, & Mccorquodale, 2011, p. 127). In addition, the Judges within each State must be bound thus, any Thing in the Laws/Constitution of any State to the opposing all the same. When seeing how these two laws work not in conflict of each other, but together, it can be hard…
Stress: Regulation of etlands in the United States
Regulation of etlands in the United States
Defining etlands and their Value
A wetland refers to a place where water covers the soil. A wetland is a saturated land that comprises of swamps or marshes. Lewis defines a wetland as, "an ecosystem that depends on constant or recurrent, shallow inundation or saturation at or near the surface of the substrate" (p.3). He further ascertains that the minimum necessary qualities of a wetland are sustained inundation, saturation or recurrent at or near the surface and the existence of chemical, biological and physical facets that reflect recurrent, saturation and sustained inundation (Lewis 3). The major diagnostic wetland features include hydrophytic vegetation and hydric soils. These characteristics present biotic, anthropogenic or physicochemical features apart from where the growth of these aspects has been blocked (Lewis 3). The wetlands are located near rivers, oceans, lakes or…
Beermann, Jack. Administrative law. Texas: Aspen Publishers Online, Jul 2, 2010
Connolly, Kim Diana, Johnson, Stephen, Williams, Douglas. Wetlands law and policy:
Understanding. New York: American Bar Association, Dec 30, 2005.
Gaddie, Ronald Keith, Regens, James. Regulating wetlands protection: Environmental federalism and the states. New York: SUNY Press, 2000.
Any trade that crosses state lines or involves citizens from different state is considered interstate commerce. The Commerce Clause was considered an important power in the original drafting of the Constitution due to the controversies that were created in trading relationships between the states under the Articles of Confederation. As the nation has increased in size and economic activity, the application of the Commerce Clause has become increasingly more important. The landmark case of Marbury v. Madison established the power of the U.S. Supreme Court to interpret the application of the Commerce Clause.
4. What is discovery and what are the methods to obtain this information?
Discovery is the pre-trial phase in civil and criminal law where parties obtain information regarding the evidence possessed by the opposing side in the litigation. Various tools of discovery are available by the parties such as interrogatories, request for admissions, request for the production…
Sky v. Holder
Susan Seven-Sky v. Eric H. Holder, 661 F.3d 1 (2011).
The Appellants in the case are four United States citizens and taxpayers who are seeking a declaratory and injunctive relief to prevent the enforcement of the minimum essential coverage provision of the Affordable Care Act. The minimum essential coverage provision of said Act requires all U.S. citizens to purchase and maintain certain minimal levels of health insurance coverage beginning in calendar year 2014 or face sanctions. On the trial level, the U.S. District Court dismissed the Appellant's request by granting the government's Motion to Dismiss. The substance of the District Court's ruling was that the U.S. Congress had authority under the Commerce Clause and the Necessary and Proper Clause. The Court ruled that Congress had the power and authority to regulate any activity that substantially affects the health insurance and health care market place and that…
Bogen, D.S. (1972). The Hunting of the Shark: An Inquiry into the Limits of Congressional Power Under the Commerce Clause. Wake Forest Law Review, 187-200.
Key v. Holder, 661 F.3d 1 (D.C. Circuit November 8, 2011).
Liptak, A. (2011, November 14). Justices to Hear Health Care Case as Race Heats Up. New York Times, p. A1.
Manchikanti, L. (2011). Patient Protection and Affordable Care Act of 2010: Reforming the Health Care Reform for the New Decade. Pain Physician, 35-67.
Confusion: Trailer Hitches
Facts: The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch, which is manufactured by only one manufacturer in confusion. As a result, truckers either have to avoid Confusion or have the hitch installed. The federal government has not attempted to regulate truck hitches on the nation's highways. Tanya Trucker, a trucking company owner in the state of Denial, intends to file suit against Confusion to overturn the statute.
What court has jurisdiction over the dispute? Is the Confusion state statute Constitutional?
easoning: Determining the court of original jurisdiction is a matter of examining the applicable statutes. Under 28 U.S.C.S. § 1332(a)(b), the federal courts have original jurisdiction over lawsuits where the parties are citizens of different states, if the amount in controversy is at least $75,000. Under 28 U.S.C.S. § 1331, the district…
28 U.S.C.S. § 1331
28 U.S.C.S. § 1332(a)(b).
Bosco, D. (2011 May 26). The six stages of a civil lawsuit. Retrieved November 17, 2011 from Bosco Law Firm, LLC website: http://www.boscolegal.com/articles/the-six-stages-of-a-civil-lawsuit.html
Southern Pacific Co. v. Arizona, 61 Ariz. 66, 145 P.2d 530 (1945).
Ethics, Law Case, Critical Thinking
Title VII of the Civil ights Act permits retaliation claims because they help to prevent situations in which workers who are unlawfully discriminated against pursue those discrimination law suits. Were Title VII of this act not to permit retaliation claims, then there is a possibility that egalado would have dropped her law suit of discrimination against the company both she and her husband worked for, just so that he could either keep his job or have it reinstated. etaliations claims require inclusion in Title VII of this act to keep employers honest in their dealings with their employees. Thompson was not part of the lawsuit that egalado was formulating (Your textbook, p. 415), yet he was fired as a means of retaliating against her for producing a law suit against the company. Without the inclusion of retaliation claims, Thompson would have unfairly lost a job.…
FindLaw. (2014). Annotation 28 -- Article 1. http://constitution.findlaw.com / Retrieved from
8. State the "law of the case" of each of the following: (10) a) Gonzales v. Raisch: ffirmed Oregon statute allowing doctors to prescribe controlled substances in assisted suicide and invalidated ttorney General's statutory interpretation that assisted suicide does not constitute practicing medicine..
b) First National Bank v. Bellotti: Invalidated Massachusetts law criminalizing corporate use of corporate funds to promote political agenda as a violation of corporations right to Free Speech under the 1st mendment..
c) Kelo v. New London: State power of eminent domain properly used even though taking of property inured to benefit of one private entity over another, because its effect was beneficial to the community..
d) darand v. Pina: Overturned Metro v FCC and decided that any type of racial classification used by any government agency triggers strict scrutiny.
e) Cole v. Burns International Security Systems: Employers may require employees to waive their right to litigate…
A b) Cole v. Burns International Security Company: D.C. District Court applies SCOTUS ruling in Gilmer, to uphold pre-employment arbitration agreements that meet the 5 elements of fairness articulated in Gilmer.
10. Respond to a colleague who asserts that we need to get rid of these liberal activist judges and replace them with conservative judges who interpret the law and do not make the law. (5)
The 2000 SCOTUS decision terminating the by-hand vote count then underway in Florida is a perfect example that "conservative" justices with no prior history of "liberal" statutory interpretation, in fact, make law, as evidenced in the way five "conservative" Republican justices effectively awarded the presidency to George W. Bush by their whim under the color of "judicial interpretation."
Certainly, utilizing those agencies now that there has been a crime at the premises is warranted. However, it may not have been negligent for DWI to fail to contact law enforcement when it first began receiving threats. Large corporations such as DWI routinely receive threats in the course of business. The vast majorities of those threats are harmless and represent no danger to the employees or customers of those organizations. Therefore, DWI may have been exercising due diligence by increasing its security force and not reporting the action to the police. To determine whether or not DWI was negligent, it would be necessary to see the exact language of the threats. Threats of plausible violence against customers or staff would give rise to a higher standard of care than threats against the property. Businesses cannot be held responsible for harm that occurs as the result of an unforeseeable act by…
First Amendment, the Constitution, and the Supreme Court
Freedom of and from religion and freedom of speech are the distinct provisions of the First Amendment; it gives citizens of the United States the unalienable human right to assembly and speech. However, the language is intentionally vague. The framers of the Constitution, anticipating unknown applications of the amendment, gave power to the Supreme Court to act as ultimate arbiter in matters involving its provisions. The Constitution of the United States is a living document and the interpretation of its amendments by the Supreme Court changes over time. Freedom of speech and the press, and religious freedom, are exercised according to the Supreme Court's rulings in cases that come before it. Exploration of these cases illuminates the evolving meaning of the First Amendment and the freedoms granted therein.
The First Amendment to the Constitution is partially designed to protect journalists and news-content…
Abrams, F. (2005). Speaking Freely: Trials of the First Amendment. New York, NY:
Penguin Group (USA).
Campbell, D.S. (1990). The Supreme Court and Mass Media: Selected Cases,
Summaries, and Analyses. Westport, CT: Praeger Publishers.
Otherwise, employers need no specific reason or excuse to terminate at will employment "at will." Even at will employees probably have legal recourse if fired for refusing to obey a law, but in this case, the "urging" did not have legal authority, so the issue is moot.
3. The Sherman Antitrust Act and the Clayton prohibit such "tying" arrangements where the entity maintains extensive control of product supply. Federal antitrust laws are administrated by the Department of Justice and the Federal Trade Commission 4. The Equal Protection Clause (applied to the states through the Due Process Clause) prohibit such a firing of employees based on their religious affiliation or their specific religious practices. But refusal to comply with perfectly legal directives of the employer is not religious discrimination; it is dismissal for cause.
The US constitution is a supreme law guiding the conducts of government, people, and organizations in the United States. The U.S. constitution comprises of seven articles that delineates the form of government. However, before the constitution came into force in 1789, there were philosophical thinking that influenced the compilation of the American constitution.
The objective of this essay is to discuss the philosophical influences on the U.S. Constitution.
John Locke was an English Philosopher and his thinking had the great impact on the American constitution. John Locke believed that all people has alienated rights and they are created equal. John Locke was political philosopher was the early proponent of social contract theory believing that there were certain inalienable rights that people should enjoy. Locke believed that it was people who created the government, and people could overthrow the government if they failed to protect their rights. In his philosophical thinking,…
Although here, there are not any federal statutes in place regarding truck hitches, the Supreme Court has consistently held that the language of the Commerce Clause contains a further, negative command prohibiting certain state regulation even when Congress has failed to legislate on the subject. his is evident in Quill Corp v. North Dakota [504 U.S. 298 (1992)] in which the Supreme Court determined that a tax levied on Quill Corp. violated the dormant commerce clause even though the subject matter was not federally pre-empted.
It is important to note that the 10th Amendment does give to the states all powers not delegated to the federal government by the Constitution, but the dormant commerce clause (which is a court given name, not an actual enumerated element of the commerce clause) limits the powers given to the states under the 10th Amendment. In United States v. Lopez [515 U.S. 549 (1995)]…
The commerce clause, under Article I § 8 of the U.S. Constitution, gives Congress the right to control commerce among the several states (The Constitution of the United States of America, Article I § 8). Although here, there are not any federal statutes in place regarding truck hitches, the Supreme Court has consistently held that the language of the Commerce Clause contains a further, negative command prohibiting certain state regulation even when Congress has failed to legislate on the subject. This is evident in Quill Corp v. North Dakota [504 U.S. 298 (1992)] in which the Supreme Court determined that a tax levied on Quill Corp. violated the dormant commerce clause even though the subject matter was not federally pre-empted.
It is important to note that the 10th Amendment does give to the states all powers not delegated to the federal government by the Constitution, but the dormant commerce clause (which is a court given name, not an actual enumerated element of the commerce clause) limits the powers given to the states under the 10th Amendment. In United States v. Lopez [515 U.S. 549 (1995)] the Supreme Court determined that state gun possession laws near school do not violate the dormant commerce clause because a state may regulate local aspects of interstate commerce as long as the local regulation does not conflict with, or is not pre-empted by, federal regulation and the regulation meets the following tests: (1) the regulation does not discriminate against out of state competition in order to benefit local economic interests, and (2) the incidental burden on interstate commerce does not outweigh the local benefits of the regulation.
The first determinant is whether Confusion's statute does affect interstate commerce. The Court in Wickard v. Filburn [317 U.S. 111(1942)] reasoned that state regulations of activities that on their face are not economic, if in their aggregate they have a substantial effect on interstate commerce, then they will have to pass the two part test listed above. Here, it can be argued that the statute is not economic on its face, but is instead based on state police power to protect the state highways. However, in aggregate, the effect of such regulation is that interstate truckers have to purchase a new hitch to go through Confusion, or must bear the extra gas expense of going around. Ultimately, the end-user will bear the extra cost expended by these truckers hauling products, by raised prices on those products. Thus the statute does have an economic effect. It is unclear whether the burden this substantial effect places on interstate commerce is outweighed by the benefit to Confusion's highways because this matter is a judgment call for the court. However, nonetheless,
IGHTS VS. NATIONAL LAWS
National laws formulated and implemented by the federal government have often been criticized for their centralizing effect and for restraining/restricting the power of state laws. In a republican form of government, state laws have enormous significance as this form of government allows "people . . . To pass their own laws in virtue of the legislative power reposed in representative bodies, whose legitimate acts may be said to be those of the people themselves."  Deborah Merritt, Ohio State University law professor, has often been cited in Court rulings for her discussion of relationship between federal and state laws. Merritt notes that "since at least the eighteenth century, political thinkers have stressed that republican government is one in which the people control their rulers." .
United States is a prime example of this form of government since the Constitution allows states to make its own local…
1. Baker v. Carr, 369 U.S. 186, 222-23 n.48 (1962), quoting In re Duncan, 139 U.S. 449, 461 (1891).
2. Deborah Jones Merritt, The Guarantee Clause and State Autonomy: Federalism for a Third Century, 88 Colum. L. Rev. 1, 23 (1988)
3. Id. At 61 (quoting Brown v. EPA, 521 F.2d 827, 840 (9th Cir. 1975), vacated and remanded for consideration of mootness sub-nom EPA v. Brown, 431 U.S. 99 (1977))
4. U.S. Const. art.,I § 8, cl. 3.
com" from an Internet host in Maryland to a host in New York.
The New York host turned out to be merely an intermediary of a Canada-based company (Tucows). Tucows eventually turned over the domain name to the Alabama authorities upon their request. Thereafter, Novak appealed the decision in the Alabama case successfully and then filed an action against Tucows for illegally depriving him of his property by conversion. Tucows' defense to the action relied on a clause in their contract with Novak that specified a Canadian forum to resolve any disputes but Novak argued that an automatic process of "clicking through" a contract could not hold him to a forum selection clause that was not negotiated specifically.
Is a party to a contract held to a forum selection clause when that clause was not subject to a negotiation?
The process of "clicking through" is commonly accepted…
The court therefore found that there was no legitimate purpose for the laws other than to discriminate against out-of-state wineries.
I agree with the Court's decision. The Court ruled that the 21st Amendment was intended to restore the state's rights as they were before Prohibition. These rights did not include the right to violate the Commerce Clause with regards to the distribution of alcohol. Congress has the right to regulate interstate commerce, not the states. The states may set their own regulations with respect to alcohol, but these regulations must be applied evenly.
The Commerce clause was put into place to prevent states from competing against one another, in particular by way of protectionism. This is necessary for the proper function of internal trade. These two states sought to control interstate trade, hiding behind the 21st Amendment. They misinterpreted the mandate granted to them by that amendment, however. There is…
Granholm v. Heald 125 S. Ct. 1885 544 U.S. 460 (2005). Retrieved April 16, 2010 from http://www.law.cornell.edu/supct/html/03-1116.ZS.html
Tanford, J. (no date). Granholm v. Heald. Duke Law. Retrieved April 16, 2010 from http://www.law.duke.edu/publiclaw/supremecourtonline/commentary/gravhea
S. Constitution began yet another short-lived experiment with prohibition, only this time it was on a national level. hen it went into effect in January 1920, efforts to repeal the 18th Amendment began almost immediately. In a whirlwind of legislative activity, the 21st Amendment was ratified by the requisite number of states in record time. In their haste to repeal the 18th Amendment, though, lawmakers failed to consider the impact of section two as it might apply to interstate commerce in the Age of Information, but given the heated nature of the debate at the time, they can perhaps be forgiven this legislative oversight in the 21st century. All in all, though, the research clearly showed that the U.S. Constitution remains a living document that is capable of responding to changes in American society.
Bryce, Jenny. (2000). "Prohibition in the United States." History Review, 37.
Eng, Gordon. (2003).…
Bryce, Jenny. (2000). "Prohibition in the United States." History Review, 37.
Eng, Gordon. (2003). "Old Whine in a New Battle: Pragmatic Approaches to Balancing the Twenty-First Amendment, the Dormant Commerce Clause, and the Direct Shipping of Wine." Fordham Urban Law Journal 30(6):1849.
Kyvig, David E. Law, Alcohol, and Order: Perspectives on National Prohibition. Westport, CT: Greenwood Press, 1985.
Livingston, William S. Federalism and Constitutional Change. Oxford: Clarendon Press, 1956.
In this particular case the court found that the GFSZA contained "no jurisdictional element which would ensure, through a case by case inquiry, that the firearm possession in question affects interstate commerce." ("United States v. Lopez") in effect, the court said that the federal government can only pass laws involving activities that substantially affects interstate commerce and the possession of a gun in a school did not rise to that level.
In his concurrence, Justice Kennedy, stated that "it was the insight of the Framers that freedom was enhanced by the creation of two governments, not one." ("United States v. Lopez") He argued that power divided between two separate institutions would control each other while simultaneously controlling themselves. This, it was thought, would lesson the chance that one institution would become tyrannical because the concept of "federalism," "secures to citizens the liberties that derive from the diffusion of sovereign power."…
"Federalism." Legal Information Institute Cornell University Law School.
Retrieved from http://www.law.cornell.edu/wex/federalism
United States v. Lopez: A Case Brief Summary. Lawnix.com. Retrieved from http://www.lawnix.com/cases/united-states-lopez.html
United States v. Lopez (93-1260), 514 U.S. 549 (1995). Retrieved from http://www.law.cornell.edu/supct/html/93-1260.ZO.html
United States Constitution concentrates on. It will address how it treated the weaknesses of the Articles of Confederation and the complaints in the Declaration of Independence.
How the Constitution Deals with Weaknesses in the Articles of Confederation
One key factor that has helped keep the constitution of the United States alive is the processes involved in its amendment. These processes require 2/3 majority votes from the two houses of Congress or by every state legislature. The Articles of Confederation could not be changed easily because a unanimous vote required from each of the states. As the number of the sates in the United States increased from 13 to 50, it would have been almost impossible to change the articles. No judicial system was provided for the United States by the Articles of Confederation.
In the same way, Congress lacked the legal power to enforce any laws (Morelock, n.d). Each of…
Boyd, S. (1995). Ashbrook -- Strengthening Constitutional Self-Government. A Look Into the Constitutional Understanding of Slavery -- Ashbrook. Retrieved October 31, 2015, from http://ashbrook.org/publications/respub-v6n1-boyd /
DeLaney, A. (n.d.). How-To Help and Videos - For Dummies . Understanding Elected Offices - For Dummies . Retrieved October 29, 2015, from http://www.dummies.com/how-to/content/understanding-elected-offices.html
Kimberling, W. (n.d.). Dave Leip's Atlas of U.S. Presidential Elections. The Electoral College - Origin and History. Retrieved October 31, 2015, from http://uselectionatlas.org/INFORMATION/INFORMATION/electcollege_history.php
(n.d.). Legal Dictionary. Commerce Clause legal definition of Commerce Clause. Retrieved October 31, 2015, from http://legal-dictionary.thefreedictionary.com/Commerce+Clause
As Cuccinelli and Getchell point out that, "The police power is the antithesis of limited, enumerated powers. Given the breadth of that power, it cannot be exercised by the federal government without overwhelming the limitations intended by the Constitution's scheme of enumerated powers" (2011, p. 293).
The argument can be made that the individual mandate provisions of the Patient Protection and Affordable Care Act are for the greater good by making individual consumers accountable for their own healthcare. Even though the purpose of the PPACA may be laudable, the research was consistent in showing that many constitutional scholars believe that the individual mandate oversteps the authority of the U.S. Congress under the Commerce Clause. Although the PPACA is currently the law of the land, it is reasonable to conclude that it will continue to face legal challenges from the attorneys general of the several states due to its individual…
Cuccinelli, K.T. & Getchell, E.D. (2011, Spring). Why the debate over the constitutionality of the federal health care law is about much more than health care. Texas Review of Law & Politics, 15(2), 292-301.
Loyola, M. (2011, Fall). Trojan horse: Federal manipulation of state governments and the Supreme Court's emerging doctrine of federalism. Texas Review of Law & Politics, 16(1),
May, J.R. (2013, Spring). Healthcare, environmental law, and the Supreme Court: An analysis
Patient Protection and Affordable Care Act (PPACA)
One of the most significant recent U.S. Supreme Court decisions was the Court's validation of the PPACA's individual mandate, requiring virtually all Americans (with some exceptions) to purchase health insurance. The individual mandate was a critical component of the ability of the Act to function as it was designed by legislators. It was essential that people who were relatively healthy and young were insured to expand the risk pool of the insured given that preexisting conditions were no longer allowed to be grounds for denying people health insurance. This ensured that people would not simply wait until they were sick to seek out insurance. However, it is worth noting that there were numerous exceptions to this provision, including "undocumented immigrants, religious objectors, and people who are incarcerated" and those for whom paying the penalty for being non-insured would cause a financial hardship (Musumeci…
Cole, D. (2012). Obamacare upheld: How and why did Justice Roberts do it. The Nation.
Musumeci, M (2012). A guide to the Supreme Court's Affordable Care Act decision. Kaiser Family Foundation. Focus on Health Reform.
Over 100 law professors agree on Affordable Care Act's constitutionality. (2012).
Next, the researcher will conduct a query of the computer awareness of education administrators, teachers, parents, and students in the New Orleans school district, then evaluation of documented data will provide a research base of the required elements needed to consider while developing a framework that can be used as a guide by educational leaders and parents for the protection of children at school and at home. esearch areas will include law enforcement agencies, various information systems security sites that provide security solutions that can be implemented in schools and in the home, other avenues of research will include interviews with a multitude of technical personnel proficient in hardware, software and network technology utilized for computer security.
The purpose of this dissertation is to provide recommendations from experienced practitioners of detailed, hands on instruction or guides that even the computer illiterate parent or senior caregiver can use to…
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Barker, C., & Groenne, P. (1996). Advertising on the World Wide Web. [online]. Available: http://www.samkurser.dk/advertising/research.htm[1998, April 6].
Bever, T.G., Smith, M.L., Bengen, B., & Johnson, T.G. (1975). Young viewers' troubling response to TV ads. Harvard Business Review, 54, 109-120.
Cai, X., & Gantz, W. (2000). Online privacy issues associated with Web sites for children. Journal of Broadcasting & Electronic Media, 44(2), 197.
ATLANTA MOTEL v. UNITED STATES, 379 U.S. 241 (1964)
379 U.S. 241
In the Court of: U.S. Supreme Court
Argued on: October 5, 1964
Decided on: December 14, 1964.
Reasons for the Lawsuit:
The appellant is the owner of a large motel (Heart of Atlanta Motel Inc.) in Atlanta, Georgia who restricts his clientele to white people, 75% of whom are inter-state travelers. He has filed a suit to perpetuate his policy of refusing rooms to Negroes. The defendants or appellees are the United States et al.
Arguments of the Appellant
The appellant contends that in passing and enforcing the Civil Rights Act of 1964, the congress has exceeded its power to regulate commerce under Art. I, 8, cl. 3, of the U.S. constitution.
The Act violates the Fifth Amendment as the appellant is deprived of the right to choose its customers and operate its business as it wishes,…
Off-duty time does not extend the 14-hour period.
15-Hour on-Duty Limit
May not drive after having been on duty for 15 hours, following 8 consecutive hours off duty. Off-duty time is not included in the 15-hour period.
60/70-Hour on-Duty Limit
May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
60/70-Hour on-Duty Limit
May not drive after 60/70 hours on duty in 7/8 consecutive days.
Sleeper Berth Provision
Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.
Sleeper Berth Provision
Drivers using a sleeper berth must take at least 8 hours in the sleeper berth, and may split the sleeper-berth time into two…
About DOT. (2012). U.S. Department of Transportation. Retrieved from http://www.dot.gov/ .
Ashmore, R.B. & Staff, W.C. (1994). Teaching ethics: An interdisciplinary approach.
Milwaukee: Marquette University Press.
Belz, S.M., Robinson, G.S. & Casali, J.G. (2004). Temporal separation and self-rating of alertness as indicators of driver fatigue in commercial motor vehicle operators. Human Factors, 46(1), 154-156.
Tennessee Scrap ecyclers Association v. Bredesen, the court affirmed the law in question and upheld the state's ability to set the terms under which it would allow transactions regarding scrap metal to take place. The court noted that the problem the law was designed to thwart was a local issue and thus did not violate the Fifth Amendment's Commerce Clause (State law, 2009, Cengage). Also, the additional burdens imposed upon the scrap metal dealers were so minimal it did not affect their ability to participate in interstate commerce, nor did it give additional privileges to in-state dealers. "The government did not take possession of any property; it only regulated the method in which the business is lawfully transacted" and there was a compelling law enforcement issue at stake -- to prevent transactions in stolen merchandise (State law, 2009, Cengage).
In the case of American Canine Foundation v. City…
About the Privacy Act (2014). FOIA. Retrieved from:
City may ban dangerous dog breeds. (2009). Cengage. Retrieved from:
On July 3, 1969, the Fifth Circuit Court of Appeals entered an order requiring the submission of new plans to be put into effect this fall to accelerate desegregation in 33 Mississippi school districts. On August 28, upon the motion of the Department of Justice and the recommendation of the Secretary of Health, Education & elfare, the Court of Appeals suspended the July 3 order and postponed the date for submission of the new plans until December 1, 1969. I have been asked by Negro plaintiffs in 14 of these school districts to vacate the suspension of the July 3 order. Largely for the reasons set forth below, I feel constrained to deny that relief. (396 U.S. 1218, 1218-1219).
Black pointed out that the Brown decision came 15 years before the Alexander case, but that Mississippi and other states had failed to desegregate. He blamed this on the fact that:…
Alexander v. Holmes County Board of Education, 396 U.S. 1218 (1969).
Brown v. Board of Education of Topeka, 347 U.S. 483 (1954).
Griswold v. Connecticut, 381 U.S. 479 (1965).
Novel Guide. "Black, Hugo 1886-1971." Novelguide.com. 1995. Novelguide.com. 28 Apr.
David E. Sorkin, Technical and Legal Approaches to Unsolicited Electronic Mail, 35 U.S.F.L. Rev. 325 (2001).
Google and other search engines:
Encarta Encyclopedia online. 2006
Articles collected for Review so far (just a sampling of articles on SPAM laws) www.spamlaws.comSpam Laws: Articles
David E. Sorkin, www.jcil.orgSpam Legislation in the United States, 22 J. Marshall J. Computer & Info. L. 3 (2003).
David E. Sorkin, www.spamlaws.comTechnical and Legal Approaches to Unsolicited Electronic Mail, 35 U.S.F.L. Rev. 325 (2001).
David E. Sorkin, www.spamlaws.comUnsolicited Commercial E-Mail and the Telephone Consumer Protection Act of 1991, 45 Buffalo L. Rev. 1001 (1997).
David E. Sorkin, Revocation of an Internet Domain Name for Violations of "Netiquette": Contractual and Constitutional Implications, 15 J. Marshall J. Computer & Info. L. 587 (1997).
Dominique-Chantale Alepin, Note, "Opting-Out": A Technical, Legal and Practical Look at the CAN-SPAM Act of 2003, 28 Colum. J.L.…
status of federalism within the U.S. It is the thesis of the paper that the President, the Courts and Congress have assumed influential and significant roles in the shaping of federalism in recent decades. Initially, a conceptualization of federalism will be offered as established by the founding fathers. Current literature will then be used to identify factors associated with and the role assumed by the presidency, the Courts and Congress in federalism as it exists today within the U.S.
Conceptual Framework unique federal system of government to replace the original Articles of Confederation was established b the U.S. Constitution. On the basis of federalism, the Framer's of the Constitution delineated that national concerns were to be handled by a national legislative branch and executive branch of government while concerns at the local and state level would be handled by state legislatures and governors. It was the intent of the Framer's…
Brock, P. (2001). Supreme Court Justice Thomas Smith speaks. Montpelier Magazine (Spring, 2001), Harrisonburg, VA: James Madison University, Montpelier.
Eastman, J.C. (2002). Re-entering the arena: Restoring a judicial role for enforcing limits on federal mandates. Harvard Journal of Law & Public Policy, 01934872, 25 (3), 931-952.
Greve, M. (2000). The supreme court's federalism. AEI Federalist Outlook, 2 (August 2000). Found at http://www.federalismproject.org/outlook/8-2000.html.
Jeffrey, K. (1995). Guide to regulatory reform: The federalism rule. Brief Analysis No. 151, National Center for Policy Analysis, Washington DC. Found at http://www.ncpa.org/ba/ba151.html
This is designed to help support individuals who are dealing with financial challenges. The problem is that select amounts of recipients will use as a way to live off of the government. (Wolf, 2005)
How might a socialist and a capitalist government differ in its treatment of the problem of unemployment?
Socialists want to see massive amounts of government spending to create new jobs, training programs and provide unemployment benefits. A capitalist is opposed to these kinds of programs and believes that charities / private enterprises can address these issues.
In your opinion, should the government have the responsibility of providing health care for every citizen? Why or why not?
Yes, the government should provide health care. The reason why is because prices are increasing exponentially and the number of uninsured is rising. These factors are a sign that there is very little competition inside the sector. To address these…
2012 Puerto Rico Statehood Amendment. (2012). Boards. Retrieved from: http://www.boards.ie/vbulletin/showthread.php?p=77582334
Commerce Clause. (2012). Britannica. Retrieved from: http://www.britannica.com/EBchecked/topic/127865/commerce-clause
Principles of Constitutional Construction. (2010). Constitution.org. Retrieved from: http://constitution.org/cons/prin_cons.htm
Sin Taxes. (2005). Six Taxes. Connecticut Voices for Children. Retrieved from: http://www.ctkidslink.org/publications/bud05sintax02.pdf
American Investment ecovery Act
Throughout American history there has been an emphasis on maintaining a balance of power between different branches of government. This is from the belief that concentrating too much authority in one area will lead to inevitable abuses in others. To prevent this, the federal government and states have always practiced these basic principles. As a result, there are varying interpretations as to the overall scope of power given to particular branch. (McNeese, 2001)
In 2009, these issues were continually being brought to forefront with the American ecovery Act and einvestment Act of 2009. This law was designed to provide the economy with additional amounts of stimulus to address the lingering challenges from the financial crisis. However, the process of enacting this legislation, there were increased amounts of controversy surrounding the balance of power between the President and Congress. This is because the Democrats had an overwhelming…
The American Investment and Recovery Act. (2009). Fiscal Accountability. Retrieved from: http://www.fiscalaccountability.org/index.php?content=cog09-13#
The American Investment and Recovery Act. (2009). GPO. Retrieved from: http://www.gpo.gov/fdsys/pkg/BILLS-111hr1enr/pdf/BILLS-111hr1enr.pdf
Estimated Impact of American Investment and Recovery Act. (2012). CBO. Retrieved from: http://www.cbo.gov/sites/default/files/cbofiles/attachments/05-25-Impact_of_ARRA.pdf
Wickard v. Filburn. (2012). Case Briefs. Retrieved from: http://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-stone/the-powers-of-congress/wickard-v-filburn-2/
Mill and U.S. Constitution
None of the issues being raised today by the Occupy all Street (OS) movement are new, but rather they date back to the very beginning of the United States. At the time the Constitution was written in 1787, human rights and civil liberties were far more constrained than they are in the 21st Century. Only white men with property had voting rights for example, while most states still had slavery and women and children were still the property of fathers and husbands. Only very gradually was the Constitution amended to grant equal citizenship and voting rights to all, and even the original Bill of Rights was added only because the Antifederalists threatened to block ratification. In comparison, the libertarianism of John Stuart Mill in his famous book On Liberty was very radical indeed, even in 1859 much less 1789. He insisted that individuals should be left…
Dahl, Robert Alan. How Democratic is the American Constitution? Yale University Press, 2003.
Kaplan, Lawrence. S. Alexander Hamilton: Ambivalent Anglophile. Scholarly Resources, Inc., 2002.
Main, Jackson Turner. The Antifederalists: Critics of the Constitution, 1781-1788. University of North Carolina Press, 1989, 2004.
Mill, John Stuart. On Liberty. London, 1859.
dimensions (criteria) and define them in no more than one paragraph each.
Safe: avoiding injuries to patients from the care that is intended to help them.
Effective: providing services based on scientific knowledge to all who could benefit, and refraining from providing services to those not likely to benefit.
Patient-centered: providing care that is respectful of and responsive to individual patient preferences, needs, and values, and ensuring that patient values guide all clinical decisions.
Timely: reducing waits and sometimes harmful delays for both those who receive and those who give care.
Efficient: avoiding waste, including waste of equipment, supplies, ideas, and energy.
Equitable: providing care that does not vary in quality because of personal characteristics such as gender, ethnicity, geographic location, and socioeconomic status
(quoted from: Committee on Quality of Health Care in America, IOM)
Part B. Question 2b (2. In no more than one paragraph each, please evaluate the…
Committee on Quality of Health Care in America, Institute of Medicine. (2002) Crossing the Quality Chasm: A New Health System for the 21st Century. Washington, D.C.: National Academy Press.
The upremacy Clause of Article VI in the Constitution for example provides the federal government with all-encompassing powers of regulation. This includes immigration (Hall, 1994, p. 11 of fax). Furthermore, commerce and business within the United tates can also be regulated by the Federal law under the Commerce clause of Article 1, section 8, clause 3, under which commerce with foreign nations, for example, can be regulated.
An argument like the one by the Islamic Army may therefore be characterized as somewhat narrow, lacking insight into the true character of the Constitution. The American Constitution does not guarantee human rights and equality to everybody that comes its way. It is also obliged to protect as best it can the citizens of the United tates. uch protection means that the rights of those who mean to harm citizens need to be prohibited within the country.
Hall, Daniel E. (1994). Administrative…
Hall, Daniel E. (1994). Administrative Law: Bureaucracy in a Democracy. New Jersey: Pearson / Prentice Hall
President Bush, George W. (2001, Sept. 24). "Executive Order on Terrorist Financing: Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism." Office of the Press Secretary. http://www.whitehouse.gov/news/releases/2001/09/20010924-1.html
Polsby states is the House of Representatives has become more institutionalized as time progresses. He believes the necessity of institutionalization is due to the fact that as the House grew, the functions and duties it took upon expanded, too, which demands a system of organization. The consequences of said institutionalization were it became effortless to bar the workings of legislation than to advance it. Furthermore, institutionalization means decentralization of authority, which then creates numerous jobs in the House thus attracting individuals to potential careers. However, this reduces the effectiveness of Congress and the value of the House is reduced with employees wanting to stay within the administration. In the end, reduced blunders are taken upon the House, which leads to a creation of hierarchy, or known as "uniformly centralized patterns of authority" (Polsby, 168).
The article I've chosen is titled "Can Congress Make You Buy Broccoli? And hy That's A…
Mariner, Wendy, George Annas, and Leonard Glantz. "Can Congress Make You Buy Broccoli? And Why That's a Hard Question ." New England Journal of Medicine 364 (2011): 201-203. Print.
Polsby, Nelson. "The Institutionalization of the U.S. House of Representatives." The American Political Science Review 62 (1968): 144-168. Print.
455 U.. 904 (1982), illustrates one of the scenarios of a taking. The Court did not require a physical intrusion by the government here, but the placement of items was sufficient for a Taking without just compensation. The character and manner of the governmental intrusion is just as important as the intrusion itself. Also, the principle of regulating private property for a public purpose is demonstrated in the Loretto case. An owner will not be required to use her property to host a project that is for a public purpose without requiring just compensation by the government.
In Loretto, a New York statute requires that a landlord permit cable companies to install cable television equipment on his property and cannot demand payment from the cable company in excess of the fees established fee of $1.00. The appellant owned a five story building and learned that the cable company had installed…
See, Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002), where the Court held that a 32-month moratorium by the government was not a Taking.
See, Nollan v. California Coastal Commission, 483 U.S. 825 (1987).
See, Dolan v. City of Tagard, 512 U.S. 374(1994).
Federalism in U.S. History
The word federal denotes alliances between independent sovereignties. "The Oxford Guide to the U.S. Government," an important source for any student or teacher of history, describes federalism in the United States as "the division of governmental powers between the national and state governments." "The Oxford Guide" informs us that "state governments can neither ignore nor contradict federal statutes that conform to the supreme law, the Constitution." Unlike a confederation, a federal republic does not permit a state to have full or primary sovereignty over its internal affairs. If a conflict exists between the state and federal government, the supremacy clause mandates that federal laws are supreme. The powers of the central or national government typically are enumerated in a written constitution. Under the U.S. Constitution, any powers not specifically granted to the national government are presumed to be retained by state governments. State governments have their…
Main Part: In a federal system, the national government holds significant power, but the smaller political subdivisions also hold significant power. The United States, Canada, Australia, and Brazil are examples of federal systems (Constitutional Topic: Federalism, 2010, p. 1). Although it was not directly named in the Constitution, federalism is a central principle of government in the United States of America (Drake & Nelson ibid). The U.S. federal system has five basic characteristics (Drake & Nelson, May 2002, pp. 1f.): 1) Federalism provides a division of legal authority between state and national governments. Overlap occurs, but two legally distinct spheres of government exist.
2) The states are subordinate to the national government in such areas as management of foreign affairs and regulation of interstate commerce. 3) Federalism enables positive cooperation between state and national governments in programs pertaining to education, interstate highway construction, environmental protection and health, unemployment, and social security concerns. 4) The U.S. Supreme Court serves as legal arbiter of the federal system in regard to conflicting claims of state and national governments. 5) The two levels of government exercise direct authority simultaneously over people within their territory. The principle of American federalism, created in the eighteenth century, was bold and has greatly affected U.S. history. Its influence continues today (Drake & Nelson, May 2002, p. 2).
Main Part: Federalism in the United States has evolved quite a bit since it was first implemented in 1787. Pre-Federalism Period: 1775-1789. During that period, the former colonists successfully fought the War of Independence and established a government under the Articles of the Confederation. Disenchanted with the deficiencies of the Articles of Confederation, delegates drafted and the states ratified a new Constitution that created a federal system of government. (Drake & Nelson, May 2002, p. 3). Political scientists define two types of federalism in the history of the United States: dual and cooperative. From a vantage point, federalism can be viewed as a "layer" cake (dual); from another it may be pictured as a "rainbow" or "marble" cake (cooperative) (see Drake & Nelson, May 2002, p. 2). Dual Federalism Phase Part I: 1789 -- 1865. Dual federalism holds that the federal government and the state governments are co-equals, each sovereign. Dual federalism was necessary because parts of the Constitution needed to be interpreted very narrowly, such as the 10th Amendment, the Supremacy Clause, the Necessary and Proper Clause, and the Commerce Clause. In this narrow interpretation, the
At the time the U.S. Constitution was ratified, the new America of the 19th century saw its indigenes with varied political opinions. Those in favor of a powerful central government and therefore, a restraint of the powers the states possessed were part of the Federalist Party; those with the belief that interpretation should be given to the Constitution in order to reduce the powers the national government wields, which would further empower the states, became part of the epublican PartyTherefore, The Federalists adopted a nationalistic opinion; the epublicans, although they would not refute the efficiency of the central government, held the opinion that certain rights ought to be kept for the states. Thus, this essay will explore the aforementioned idea (Writer Thoughts). It will examine how the Federalist philosophy and ideas shaped modern American Society.
Supporters of the Constitution
The proposed American Constitution's advocates labeled themselves as "Federalists."…
Boyd. "American Federalism, 1776 to 1997: Significant Events." USA Embassy. N.p., 1997. Web. 29 Mar. 2016. .
"Constitution of the United States." The Free Dictionary. N.p., n.d. Web. 29 Mar. 2016. .
"Federalists." U.S. History. N.p., n.d. Web. 29 Mar. 2016. .
MacDonald, William. Select Documents Illustrative of the History of the United States, 1776-1861. N.p.: Macmillan, n.d. Google Books. 1905. Web. 26 Mar. 2016. .
Human esources: Fair Labor Standards Act
An Examination of the Fair Labor Standards Act of 1938 and Its Implications for American Workers Today
Although most Americans take for granted the wide range of social programs that are in place for their protection, many of these initiatives are fairly recent in origin, but one that has been around for quite some time is the Fair Labor Standards Act of 1938. The legislation established a minimum standard wage and a maximum work week of 40 hours in industries that were engaged in interstate commerce. The implications of the Act were profound, and today, in what has become a classic pattern over the years, calls for increases to the federal minimum wage are followed by impassioned cries from industry leaders that such an initiative will do more to harm business than it will to help minimum-wage workers. ather than routinely bankrupt America's businesses,…
An overview of the Fair Labor Standards Act. (2005). U.S. Office of Personnel Management.
Retrieved May 12, 2005 from http://www.opm.gov/flsa/overview.asp .
Black's law dictionary. (1990). St. Paul, MN: West Publishing Co.
Cocheo, S. (2004). Banks Must Labor to Comply with New Overtime Rules; Fair Labor
The plaintiffs were disabled Tennesseans who could not access the upper floors in state courthouses. They sued in Federal Court, arguing that since Tennessee was disallowing them public services for the reason that their disabilities, it was infringing Title II of the Americans with Disabilities Act (ADA). Tennessee argued that the Eleventh Amendment banned the suit, and filed a motion to dismiss the case. It relied chiefly on Board of Trustees of the University of Alabama v. Garrett (2001), in which the Supreme Court held that Congress had, in endorsing certain provisions of the ADA, unconstitutionally repealed the supreme immunity of the States by letting people sue the States for discrimination on the foundation of disability. Garrett had held that Congress had not met the congruent-and-proportional test, in that it had not collected enough proof of discrimination on the basis of disability to give good reason for the repeal of…
GONZALES V. OREGON (04-623) 546 U.S. 243 (2006) 368 F.3d 1118. Retrieved March 26,
2011, from Web site: http://www.law.cornell.edu/supct/html/04-623.ZS.html
TENNESSEE V. LANE (02-1667) 541 U.S. 509 (2004) 315 F.3d 680. Retrieved March 26,
2011, from Web site: http://www.law.cornell.edu/supct/html/02-1667.ZS.html
Specifically, the Federal Bureau of Investigations (FBI) is one of the premier law enforcement organizations in the world. However, it was conceived, designed, and structured more for the purpose of investigating past crimes and apprehending and prosecuting criminals. For example, the FBI is, by design, a decentralized agency so that field offices in different states can pursue independent investigations. In the field of counterterrorism, the exact opposite structure is required: the counterterrorism mission demands a highly centralized structure whereby intelligence collected from many different locations and by many different agencies and entities is funneled into an integrated analysis center (Larsen, 2007). In many respects that deficiency still pervades the national homeland security mission, as evidenced by the failure of authorities to identify the perpetrator of the Northwest 253 plot on the basis of information that had previously been made available to the national counterterrorism and intelligence infrastructure.
Weapons of Mass…
Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:
Little Brown & Co.
DHS-FEMA. (2006). Fundamentals of Emergency Management: Introduction to Emergency Management. Accessed online December 28, 2009, from:
Stress and grief can make it hard to reach sensible decisions."
The Issue of Arbitration in Family Law
Family Law frequently involves the lives of children, and includes requirements that continue after the case decision is made. It often requires ongoing contact between parties. In addition, "marital and family law takes place in this heightened emotion atmosphere that is not present in other litigation," West notes. "The Family Law Section's 'Bounds of Advocacy' handbook is proving to be a legal best-seller in Florida, albeit a free one," the Florida Bar New eports. ichard West, immediate past chair of the section, states, "The general thrust of it is that marital and family law is different from other forms of litigation, and it needs to be handled differently."
West contributed to assembling the handbook and works regularly to distribute it. The handbook West distributes consists of a recognition that minimum standards…
Arbitration, International. (2007). In the Columbia Encyclopedia (6th ed.). New York: Columbia University Press. Retrieved March 27, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=112844310
Bergin, Mary. "A Child's Best Interest Family Law Now Emphasizes Kids More." The Capital Times (Madison, WI), January 16, 2003. Retrieved March 27, 2008, from Highbeam Research: http://www.highbeam.com
Boland, Mary L. Your Right to Child Custody, Visitation, and Support. (2004). SphinxLegal. Retrieved March 28, 2008, from: Q. http://books.google.com/books?id=-MPBIsg3nbsC&dq=family+law,+arbitration&lr=&source=gbs_summary_s&cad=0
Conan, Neal "Analysis: New principles for family law." Talk of the Nation (NPR), 2003 January 15. Retrieved March 27, 2008, from, Highbeam Research:
Cauchon, D. (2008). Hiring leaps in the public sector. USA Today. Retrieved May 10, 2011 from http://www.usatoday.com/money/economy/employment/2008-04-29-stateworkers_N.htm
CIA orld Factbook: United States. (2011). Central Intelligence Agency. Retrieved May 10, 2011 from https://www.cia.gov/library/publications/the-world-factbook/geos/us.html
Effland, A.; Normile, M.; Roberts, D.; ainio, J. (2008). orld Trade Organization and globalization help facilitate growth in agricultural trade. Amber aves. Retrieved May 10, 2011 from http://www.ers.usda.gov/Amberaves/June08/Features/TO.htm
Gifford, D. (1995). Federalism, efficiency, the Commerce Clause and the Sherman Act. Emory Law Journals. Retrieved May 10, 2011 from https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=44+Emory+L.J.+1227&srctype=smi&srcid=3B15&key=3817dcb1059aa6fa22a90e0370c3a704
Nelson, S. (2010). Commandos crack down on Afghan drug trade. NPR. Retrieved May 10, 2011 from http://www.npr.org/templates/story/story.php?storyId=124731730
Rashid, A. (2000). IMU insurgency threatens Tajikistan political reconciliation. Central Asia-Caucasus Institute Analysis. Retrieved May 10, 2011 from http://www.cacianalyst.org/?q=node/263
alters, N. (no date). A brief overview of government, law and order and social matters in Tari District. Australian National University. Retrieved May 10, 2011 from http://epress.anu.edu.au/ssgm/conflict/mobile_devices/ch10.html
BBC. (2009). Q&A: Somali piracy. British Broadcasting Corporation. Retrieved May 10, 2011 from http://news.bbc.co.uk/2/hi/africa/7734985.stm
CADS. (2006). Violence, narcotics and poverty: A harmful cocktail in Afghanistan. Center for Advanced Defense Studies. June 2006. Retrieved May 10, 2011 from http://se2.isn.ch/serviceengine/Files/RESSpecNet/26990/ipublicationdocument_singledocument/30BD3E67-85DA-486F-8424-AF529E38F614/en/05_afghan.pdf
Cauchon, D. (2008). Hiring leaps in the public sector. USA Today. Retrieved May 10, 2011 from http://www.usatoday.com/money/economy/employment/2008-04-29-stateworkers_N.htm
CIA World Factbook: United States. (2011). Central Intelligence Agency. Retrieved May 10, 2011 from https://www.cia.gov/library/publications/the-world-factbook/geos/us.html
"As a case in point we may take the known fact of the prevalence of reefer and dope addiction in Negro areas. This is essentially explained in terms of poverty, slum living, and broken families, yet it would be easy to show the lack of drug addiction among other ethnic groups where the same conditions apply." Inciardi 248()
Legalizing drugs has been deemed to have many socio-economic effects. A study that was conducted by Jeffrey a. Miron, who was a Harvard economist estimated that by legalizing drugs, this would inject about $76.8 billion in to the U.S. every year. 44.1 billion dollars would come from savings made from the law enforcement measures and 32.7 billion would be from tax revenue. This revenue can be thought to be broken down as follows: 6.7 billion dollars from marijuana, 22.5 billion from heroin and cocaine and the rest from the other…
Blumenson, Eric, and Eva S. Nilsen. How to Construct an Underclass, or How the War on Drugs Became a War on Education. Massachusetts: Drug Policy Forum of Massachusetts, 2002. Print.
Campos, Isaac. "Degeneration and the Origins of Mexico's War on Drugs." Mexican Studies/Estudios Mexicanos 26.2 (2010): 379-408. Print.
Chabat, Jorge. "Mexico's War on Drugs: No Margin for Maneuver." Annals of the American Academy of Political and Social Science 582.ArticleType: research-article / Issue Title: Cross-National Drug Policy / Full publication date: Jul., 2002 / Copyright © 2002 American Academy of Political and Social Science (2002): 134-48. Print.
Council on Hemispheric Affairs. "Low Taxation Perpetuates Insecurity in Central America." 2011. May 5th 2012. .
ACLU v Reno:
A definitive victory for free speech
The First Amendment in the United States of America's Constitution is perhaps the hallmark of what current President ush refers to continually as our "freedom." It represents the fundamental difference between America and so many other countries that do not offer their citizens rights to freedom of speech, religion and the press.
Specifically, the First Amendment of the United States Constitution guarantees the right to freedom of religion and freedom of expression without government interference. See U.S. Const. amend. I. Within that, the concept of freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief. The Supreme Court and the lower courts interpret the extent of the protection afforded to these rights. The Supreme Court has interpreted the First Amendment…
ACLU v. Reno
Legal Information Institute, 2005
ACLU Press Release, 1996
S.B. 1070, ACA, AND FEDEAL PEEMPTION
1070, the ACA, and Federal Preemption
S.B. 1070, the ACA, and Federal Preemption
The Tenth Amendment was intended to limit the scope and power of the federal government, thereby preserving some measure of state autonomy (Lash, 2006). The Tenth Amendment accomplishes this by stating explicitly that the federal government can only exercise those powers enumerated within the U.S. Constitution. All other powers are left to the states. In James Madison's words, a Federalist, the "… powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite." (p. 166). The Tenth Amendment therefore allows states to retain their freedom, sovereignty, and right to self-determination, as long as it does not conflict with the powers conferred to the federal government by the Constitution.
Madison, however, never viewed the…
Arizona et al. v. United States, 567 U.S. ____ (2012).
Lash, Kurt T. (2006). James Madison's celebrated report of 1800: The Transformation of the Tenth Amendment. George Washington Law Review, 74, 165-200.
LII (Legal Information Institute). (2010a). Supremacy Clause. Legal Information Institute, Cornell University Law School. Retrieved 13 Oct. 2013 from http://www.law.cornell.edu/wex/supremacy_clause .
LII (Legal Information Institute). (2010b). Preemption. Legal Information Institute, Cornell University Law School. Retrieved 13 Oct. 2013 from http://www.law.cornell.edu/wex/Preemption .
In return, Lincoln denounced Garrison and other abolitionists as "zealots" who would destroy the Union and dismantle the constitution for their cause.
In summary, DiLorenzo challenges the very foundations of classical Lincoln scholarship. He paints Lincoln as a power-hungry politician who put economic interests of his own group ahead of the interests of the country. He craved dictatorial power and willingly prolonged a bloody war in order to further his statist agenda. Finally, Lincoln's actions regarding colonization, his defense of slaveowners and his contempt for abolitionists belie his reputation as the Great Emancipator.
Analysis of arguments
DiLorenzo makes provocative arguments, ones that have been gleefully reported by right-wing columnists like Walter Williams and Joseph Sobran. However, a cursory reading shows that DiLorenzo's statements are hardly new. Instead, much of these are a rehashing of pro-Confederate writers from Jefferson Davis.
Some of DiLorenzo's statements are supported by facts. For example, Lincoln…
With the exception of Washington and Colorado, U.S. laws forbid the possession of even small amounts of marijuana, whereas Netherlands has been entertaining a liberal policy for two decades. In this light, Americans would be expected to have a small rate of marijuana usage, while the Dutch due to their expanded availability of cannabis, should have an increased rate of usage. The empirical evidence to support these conclusions, though, is scant.
Dutch drug policy may appear radical, but let there be no misunderstanding, their laws state clearly that marijuana is illegal. In 1976, it had been decided to take the course of de-penalization, a formal non-enforcement policy for offences involving possession of up to 30 grams, and this quantity limit was dropped to 5 grams in 1995. During the 1980s the de facto legalization started, with the inauguration of small retail outlets known as coffee shops that were allowed to…
Cohen, Peter J. Medical Marijuana, Compassionate Use, and Public Policy: Expert Opinion or Vox Populi? (2006, May-June). The Hastings Center Report, Vol. 36, No. 3
Metrik, J. et al. Acute Effects of Marijuana Smoking on Negative and Positive Affect. (2011, April 1). Journal of Cognitive Psychotherapy, Vol. 25, No. 1
Mikos, R.A. On the Limits of Supremacy: Medical Marijuana and the States' overlooked Power to Legalize Federal Crime. (2009, October). Vanderbilt Law Review, Vol. 62, No. 5
Pew Research Center. Majority Now Supports Legalizing Marijuana. (2013, April)
Coleman V. Maryland Court of Appeals
There has always been a fine balance between the Constitutional power of Congress and individual State rights. At the heart of the Constitutional Debate and even the Civil War was the question -- are states sovereign in their dealings with matters of government and culpability and to what degree does their sovereignty remain solvent. Congress has both Constitutional power and applied power, and is expected to evolve with the cultural situation of society to protect the constituency and enact fair and reasonable legislation.
One seminal question becomes whether Congress constitutionally abrogated the State's 11th Amendment immunity when it passed the self-care leave provision of the 1993 Family and Medical Leave Act? This act required employers of over 50 individuals to allow for up to 12-weeks leave for varying circumstances of family need. Case law, for instance in Nevada v. Hibbs, held that Congress intended…
Blatchford v. Native Village of Noatak, 89-1782 (U.S. Supreme Court 501 June 24, 1991).
Coleman v. Court of Appeals of Maryland, 10-1016 (U.S. Supreme Court 566 March 20, 2012).
Nevada Department of Human Resources v. William Hibbs, 01-1368 (U.S. Supreme Court 538 May 27, 2003).
Family and Medical Leave Act. (2012). United States Department of Labor -- Wage and Hour Division. Retrieved from: http://www.dol.gov/whd/fmla/index.htm
Tose additional taxes are determined at te local level, but Clark County does not impose tose additional taxes. Indiana is also one of te states tat impose state income taxes; terefore an employer in Indiana must prepare witolding information for its employees. Te general requirements of state income tax witolding in Indiana may be found in Ind. Code § 6-3-2.
Finally, in Indiana, business licenses and permits are a matter of local and county law, and tose requirements will be examined in te local law section.
Labor and wage issues are of major concern to employers and are covered by a wide range of laws, ranging from occupational safety issues to weter or not an employer can loan an employee money. An employer must understand all of tese laws in order to be in compliance wit state labor laws. Indiana maintains a state minimum wage, wic is governed by Ind.…
Katzenbach v. McClung, 379 U.S. 294 (1964). Retrieved from Findlaw website:
Equal Pay Act: Difficult but Essential to Enforce
According to the federal Bureau of Labor Statistics, in 2009, women made about 80% of what men of the same race performing the same jobs did. Historical data from the BLS (and this is consistent with other sources) demonstrate that things have improved little in terms of pay equity for women over the past half century or so (Bureau of Labor Statistics, http://data.bls.gov/cgi-bin/surveymost ). This is true despite the fact that in 1963, the Pay Equity Act became federal law in 1963. It is nearly impossible not to consider this law a failure in its effects given that so little has changed. (One might argue that things might have gotten worse for women absent this law, but this argument seems at least primarily specious.)
Congress enacted the law, which amended the Fair Labor Standards Act, for a number of reasons, including the…
AFL/CIO, "Pay Equity," retrieved 5 February 2010 from http://www.aflcio.org/issues/jobseconomy/women/equalpay/ ).
Bureau of Labor Statistics, retrieved 4 February 2010 from http://data.bls.gov/cgi -
Summer, D.A. et al. (2001). An economic survey of the wine and the winegrape industry in the U.S.A. And Canada. University of California. 35 pages.
. Research Design Rationale
1. Question format: In order to allow the research study to become embedded in the field of economics, the research question will use an applied question format. The purpose of the study is to develop a predictive method regarding player choices in the Prisoner's dilemma. It will explore the association of risk and cooperation or defection in the Prisoner's
2. Research design: The research will use a deductive approach where the theory will be presented and tested through the methodology. The research will use quantitative research methods, which are suited for research where the information can be reduced to a numerical format. This is the case in the proposed study as both risk tolerance and the decisions made in the Prisoner's Dilemma can be reduced to numerical data and standard statistical methods applied.
III. Data/Information from Previous research
A. Literature Review
The literature review for…
Agarwal, J. & Feils, D. (2007). Political Risk and the Internationalization of Firms: an Empirical
Study of Canadian-based Export and Fdi Firms. Canadian Journal of Administrative
Sciences. 24 (3): 165+. Questia Database.
Ansell, C. & Gash, a. (2008). Collaborative Governance in Theory and Practice. Journal of Public Administration Research and Theory. 18 (4): 543+. Questia Database.
Examples of offenses that are based on constitutional endowments of right contain tax evasion, possessing illegal substances and conspiring to violate civil rights. Courts have specified on the whole a wide explanation to the Commerce Clause authority, allowing Congress to create a federal offense of many widespread law crimes such as kidnapping or murder if state outline are fractious during commission of the crime and such as misappropriation and blackmail using instrumentalities of trade such as telephone lines or the U.S. post. Examples of offenses that are based on regions owned by or under the restricted power of the federal government contain crimes committed in the District of Columbia, in U.S. Territories, in U.S. National Parks, in federal courthouses and federal jails plus on board airplanes and ocean going ships. The United States armed force has its own immoral justice system applicable to its members, but civilians might be accused…
Wolfgang, Marvin (1990). Crime and Punishment in Renaissance Florence. Journal of Criminal Law and Criminology. Retrieved on January 11, 2008.
Schmalleger, Frank (2001). Criminal Justice: A Brief Introduction. Prentice Hall. Retrieved on January 11, 2008.
Cornell University Law School. Bill of Rights from Cornell University Law School. Retrieved on January 11, 2008.
Nicholas J. Szabo. (2006). Jurisdiction as Property: Franchise Jurisdiction from Henry III to James I. Retrieved on January 11, 2008 at http://szabo.best.vwh.net/JurisdictionAsProperty.pdf
Indeed, this understanding of the Marshall court comes full circle: The Court is the most cutting edge front of American legal society, casting decisions that are years ahead of what the general populace often wants, according to Armstrong and Woodward, but the Court is also a conservative vestige of administrations past because of lifetime tenure.
That is why the most influential Courts are those in which an appointed justice does not conform to the expectations of his presidential appointer, but rather strikes out on his or her own with a body of decisions that counter the president's and former administration's ideas.
The viewpoint of Armstrong and Woodward as presented in "The Brethren" is a much more forgiving look at the Court's influence than the viewpoint presented in our text. However, "The Brethren" looks at the Court with its own jaded eyes as well. The book understands that justices are…
Primarily, both Bushes wanted to show the world that America is a powerful force with which to be reckoned -- even if not a single or sole superpower, a force that can at least militarily have its way in the world, especially with regard to rogue, weaker states.
Also, both Bushes believed in cut-and-dried reactions. Communism and Saddam Hussein are simply "bad" without complicating factors such as reasons or motivations for their actions. Going hand in hand with that assessment, communism and Saddam Hussein must be defeated thoroughly, recognizing that even small victories on the part of Iraq, for instance, could draw support to Hussein's ranks and erode America foreign policy world opinion.
However, that is where the similarities ended. For George Bush, the homeland in the United States was never under a serious threat. The most perilous years of the Cold War were behind America when Bush took the…