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Ratification of the Constitution
The Constitution. (2012). The White House. Retrieved:
This website provides a clear, concise introduction to the reasons that a new constitution was needed to replace the Articles of Confederation, which was described as "firm league of friendship" between the states and could not raise funds from taxation. It describes the drafting of the new Constitution, and how the founders attempted to create a system of checks and balances, so the new leadership would not have a tyrannical position of authority like King George. It details the debate between the federalists and anti-federalists. It concludes with the rationale for including the Bill of Rights, which was a critical element in the agreement of some states to ratify the final document.
Constitutional law: An overview. (2012). Cornell Law. Retrieved:
This website provides an introduction to the legal theory behind the Constitution and interpreting constitutional…
Marbury v. Madison. (2012). Landmark cases of the Supreme Court. Retrieved:
Marbury v. Madison is a U.S. Supreme Court case remembered for establishing the precedent of judicial review. It was decided on a technicality, and is less important today for the particulars of the case than the concept of 'constitutionality' and the right of the U.S. Supreme Court to declare laws and actions valid or invalid according to the Constitution. The website explains the case and the rationale behind the first U.S. Supreme Court's decision. It provides excerpts from the original opinion and other documents pertinent to the case.
Confederation and Constitution
The differences between the Articles of Confederation and the Constitution of 1787 were significant. The former entrusted power to the individual states while the latter relinquished the majority of power to the central/federal government. This was evident in the way in which representation was established and legislation enacted. For example, under the Articles, Congress was unicameral -- that is, one house. Under the Constitution, Congress was bicameral, consisting of a House of epresentatives and a Senate. This allegedly gave more power to the states by allowing more state epresentatives into the government, in actuality it diluted the process of passing laws, making it much more bureaucratic (Freedman, 1993).
Essentially, the Articles gave sovereignty to the states, while the Constitution gave it to the collective group of states, i.e. the nation -- represented centrally by the federal government. It was in other words a difference of allotting power…
Amar, A. (1993). Anti-Federalists, The Federalist Papers, and the Big Argument for Union. Harvard Journal of Law and Public Policy, 16: 111-123.
Brutus No. 1. (1787). Retrieved from http://www.constitution.org/afp/brutus01.htm
Federalist No. 6 (n.d.). Retrieved from http://avalon.law.yale.edu/18th_century/fed06.asp
Freedman, E. (1993). Why Constitutional Lawyers and Historians Should Take a Fresh
Many conservatives believe that the Anti-
Establishment Clause prohibits only the actual establishment of a national religion in the manner of the English Crown. To them, the right to freedom of religion is all that the First Amendment guarantees, not the right to be free from religion (Dershowitz, p. 202).
Luckily for those who consider themselves atheists and agnostics, the Supreme
Court has interpreted the First Amendment to include the separation of church and state much more broadly, because under the conservative interpretation, the government might, in principle, be able to require some religious affiliation of its citizens provided it did not specify any particular religious faith. That issue has arisen numerous times and in many different forms over the years, including whether or not public schools may require recitation of the Pledge of Allegiance with the words "under God" or "moments of private reflection" intended for prayer during school…
Dershowitz, a.M. (2002) Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown.
Friedman, L.M. (2005) a History of American Law. New York: Touchstone. Haynes, C., Chaltain, S., Glisson (2006) First Freedoms: A Documentary History of First Amendment Rights in America. London: Oxford University Press
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.
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.
The penning of the American Constitution during the 1787 Philadelphia convention was followed by its ratification. This formal process delineated within Article 7 necessitated at least 9 states’ agreement to implement the Constitution, prior to actually enacting it (Pole, 1987). Whilst the Federalists supported ratification, Anti-Federalists were against it.
Those opposed to the constitution’s ratification claimed that it accorded disproportionate power to federal authorities, whilst robbing local and state bodies of their power, excessively. According to Anti-Federalists, the American federal government wouldn’t be able to adequately represent its citizens owing to the size of the nation and its population which deemed it impossible for federal branches to locally respond to citizens’ concerns (Lewis, 1967; Amar, 1993). Moreover, they were concerned about the absence of the provision of criminal jury trials, besides the absence of a bill of rights within the Constitution, and desired guaranteed protection of a few fundamental freedoms for citizens, including freedom…
Pennsylvania Farmer -- Declaration of Independence
hat objections did the "Pennsylvania Farmer" have regarding the content of the Declaration of Independence? hat did the Pennsylvania Farmer agree with, philosophically, and fundamentally, regarding the wording of the Declaration of Independence? These questions will be addressed in this paper.
The Declaration of Independence and the Pennsylvania Farmer
Essayist Charles Kromkowski asserts that prior to 1774, few colonists had "openly advocated" independence (Kromkowski, 2010, p. 45). However, leading up to the 1770s there were influential propaganda-themed documents published and distributed throughout the colonies that vigorously opposed the fact that the British Parliament acted arbitrarily in taxing the colonies without the consent of the colonists and that the British Parliament unilaterally suspended the New York legislature, among other egregious acts. One of the most influential writers of propaganda in the late 1760s was the "Pennsylvania Farmer," whose name was John Dickinson and who actually…
Columbia University Press. (2010). John Dickinson. Columbia Electronic Encyclopedia, 6th
Edition. Retrieved July 4, 2011, from Academic Search Premier.
The Charters of Freedom (2010). The Declaration of Independence. Retrieved July 4, 2011,
From http://www.archives.gov/exhibits/charters/declaration_transcript.html .
thirteen colonies that drafted and announced the Declaration of Independence stating their intention to separate from England shortly thereafter wrote the first governing document, the Articles of Confederation. The Articles set forth and defined the relationship between the various colonies and how the relationship between such colonies would serve to form one entity. The Articles served to provide the colonies with a form of unification while the Revolution was being fought but as the nation attempted to recover from the War and build a new nation the Articles proved too weak to be effective. The Articles failed to grant Congress the power to raise funds, regulate trade, or conduct foreign policy without the voluntary agreement of the states. There were attempts to alter the Articles in order to increase the powers of the Congress but these efforts failed and a Constitutional Convention was convened to attempt to revise the Articles…
So, who was right? Well, it seems that history has taught us again and again that in certain conditions, humans do express their evil and competitive natures (e.g. fascism, genocide, etc.); but that in other situations, the species can be incredibly giving and benevolent (think of Mother Theresa, people helping people). The complexity is that humans are not all one type or another, but a combination. Most sociologists believe that it is culture and society that form the basis for behavior. For example, the Kung! Bushmen of South Africa have no crime, very little disagreement, and understand they must cooperate for the good of the tribe. owever, if we look at the Epic of Gilgamesh or the Code of ammurabi, we find that the earliest civilizations had to provide structure and that evil nature was as much a part of humanity as goodness. The debate remains -- is the cup…
Hobbes looked around, and saw a sewer of urban life; poor people struggling, disease, trash, pestilence and believed that without control mankind was nothing more than animalistic. Locke thought otherwise, that humans, given a chance to actualize, would cooperate, work towards a common good, and provide a generalized and goal-oriented society. So, who was right? Well, it seems that history has taught us again and again that in certain conditions, humans do express their evil and competitive natures (e.g. fascism, genocide, etc.); but that in other situations, the species can be incredibly giving and benevolent (think of Mother Theresa, people helping people). The complexity is that humans are not all one type or another, but a combination. Most sociologists believe that it is culture and society that form the basis for behavior. For example, the Kung! Bushmen of South Africa have no crime, very little disagreement, and understand they must cooperate for the good of the tribe. However, if we look at the Epic of Gilgamesh or the Code of Hammurabi, we find that the earliest civilizations had to provide structure and that evil nature was as much a part of humanity as goodness. The debate remains -- is the cup 1/2 empty or 1/2 full -- or is it both?
The Federalist movement surrounding the writing and eventual ratification of the U.S. Constitution focused on one basic premise: how much power and authority should the national, versus State, government control. Certainly, once can view that if the Articles of Confederation were deemed to be too weak and inappropriate for the new Republic, then the Federalist faction won. Rhode Island and North Carolina especially opposed the Federalist view, but eventually the Bill of Rights seemed to satisfy most of the delegates who realized that the alternative would be suicide. This did not stop individual States from wanting to secede long before the Civil War, and indeed, the actual finality of the issue of State's rights was not really solved until the mid-20th century, when the Supreme Court issued several decisions requiring that the tenets of the Bill of Rights be established in all 50 States.
If one considers the political issues of the Jeffersonian Era up to the War Between the States, then one might say that although the Constitution provided a legal means for a strong centralized government, that was on paper and States tended to act and react in their own ways to a point. There was consternation during the 1812 issues with the British, when new States entered the Union there were issues on whether they would be Slave or Free States. Thus, the Federalists really only had the appearance of victory after the Constitutional Convention, not the buy in and acceptance of the policy for decades afterwards.
gaining their independence, what were the principal concerns Americans had about constructing a frame of government, and how were these concerns addressed in the structure of the Constitution?
After Americans gained their independence from England the next step was to structure the frame of a new government. In 1787 it was determined that the Articles of Confederation would be tossed out and an entirely new government frame would be constructed which would reflect the new views of the nation. he delegates from each state argued and debated behind closed doors about what the framework of the new government would include (he Constitution of the United States (http://www.archives.gov/exhibit_hall/charters_of_freedom/constitution/constitution.html).here were several chief points of concern to those who were developing the frame. One of the most important aspects of the debate was how much power each state should be allowed to have. his included debates on how many members each state should…
The Pope of Liberty
The Transportation Revolution http://www.dur.ac.uk/h.j.harris/3MR/mr04.htm
Federalists, Anti-Federalists and the Constitution
The ratification of the US Constitution was an issue that essentially divided the thirteen colonies in two: on the one hand was the push by the Federalists for ratification. Their argument was that the thirteen colonies needed a centralized, federal government to ensure that the colonies themselves did not get into any trouble (either through in-fighting or through foreign wars). The Anti-Federalists, on the other hand, saw the Constitution as a gateway to the exact type of authoritarianism that the Revolutionaries had just opposed in the Revolutionary War. The Anti-Federalists wanted each individual state to mind its own affairs and, at best, for there to be a loose confederation among the states so that no one, single entity could assert itself over them all. This paper will examine the writings of the Federalists and the Anti-Federalists in light of their historical context of the late…
As, it declined from: 24% (in 1994) to 16% (by 2008). While at the same time, wage increased from $3,814 in 1996 to $7,870 in 2009. The below table is illustrating the overall scope of these changes in income during this time. (Villareal, 2010)
Annual Income Levels in Mexico from 1996 to 2009
These different figures are important, because they are showing how once NAFTA was ratified, is when it would slowly address inequalities inside Mexico. This is an indication that the abandoning of the classical model would have a positive impact on the country. (Villareal, 2010)
Therefore, this is highlighting how there is a causal relationship between the low wages and lack productivity in Mexico in comparison with the U.S. Once the views on trade began to change, is when there was a transformation in these…
Time Spent on Face Book. (2011). Business Insider. Retrieved from: http://articles.businessinsider.com/2011-09-26/tech/30203311_1_facebook-aol-search-giant
Bagh, C. (2011). Apple's 3 Product Design Strategies. IB Times. Retrieved from: http://www.ibtimes.com/articles/111579/20110211/apple-ceo-steve-jobs-ios-4-2-john-sculley-vertical-integration-product-design-iPad-iPod-iPhone.htm
Brahm, L. (2007). The Art of the Deal in China. Tokyo: Tuttle
Boden, J. (2008). The Wall Behind China's Open Door. Brussels: Academic and Scientific Publishers.
The Federalists advocated a strong central government while the Anti-Federalists advocated state governments. The former feared that division would lead to fighting and instability. The latter feared that centralized power would lead to the kind of totalitarianism that the American Revolutionaries had just victoriously opposed in the War for Independence. This paper will describe why I would align myself with the Anti-Federalists because of their aversion for centralized power.
The difference between the Federalists and the Anti-Federalists was all about what kind of government the United States would have. The Federalists wanted to ratify the Constitution (which we have today) because it defined the ways in which states would be subject to a federal government and the ways in which they would be free to act on their own. The view of the Federalists was that the Constitution would protect the states from "domestic factions and convulsions" and provide unity…
The Antifederalists wanted to limit government severely in order to limit the effects of such corruption.
Had the Antifederalists won the debate on the constitution, the U.S. may not be the global power it is today. Its borders may not run from ocean to ocean. Its military may not be among the strongest in history. And many of the civil rights laws may not exist. The American system of government would look much different, as would the various states. However, this is not to say that they did not have criticisms of the American system under the federal constitution that have proven true time and again. The Antifederalists have shown themselves to be the fly in the ointment of American political thought. Their solutions may not have done much good. But the evils they pointed to continue to do harm.
Antifederalist No. 17. "FEDERALIST POER ILL ULTIMATELY SUBVERT…
Antifederalist No. 17. "FEDERALIST POWER WILL ULTIMATELY SUBVERT STATE AUTHORITY." December 10, 2009. < http://www.wepin.com/articles/afp/afp17.html>.
Antifederalist, No. 46. "WHERE THEN IS THE RESTRAINT?" December 10, 2009. .
Antifederalist No. 84 "ON THE LACK OF A BILL OF RIGHTS" December 10, 2009. .
The ritish came to impose serious taxes as a result of the French Indian war. These in turn were unacceptable to a people which considered itself not to be responsible for the causes of the war. The confrontation had been in fact another matter of European dispute that had to be solved outside the continent in the colonies.
Third, there is a disagreement in the way in which the war was perceived at the local level. The American colonies viewed this struggle as a need for independence from a regime that continued to impose an undemocratic control over its institutions and the lives of the people. On the other hand, the ritish saw it as a rebellion that must be immediately squashed. In its view, it was a war for the maintenance of a certain order, while the Americans viewed it as one of disruption of this order. While the…
Brainard, R. (2005) "Shays' Rebellion." 18th century history. 11 June 2008. http://www.history1700s.com/articles/article1120.shtml
British Battles. (N.d.) the War of the Revolution 1775 to 1783. Accessed 11 June 2008 http://www.britishbattles.com/american-revolution.htm
Calliope. (2008) "Shays' Rebellion." A Historical Synopsis. 11 June 2008. http://www.calliope.org/shays/shays2.html
Jenkins, P. (1997) a history of the United States. New York: Palgrave.
ince most of the drafters of Arizona's Constitution were Progressives, the state's constitution included the initia-tive, referendum, and recall. However, since President Taft condemned recall of judges, and, a therefore, vetoed Arizona statehood, Arizona eliminated the recall of judges until after they became a state when they consequently pushed it through.
Part II-Write a reflective analysis on the amendment process for the Arizona Constitution. Is this a "fair" process? Does it give too much power to the people? Do you think the Progressive framers would approve of the way the process has been used thus far? Why? Defend your rationale.
The Arizona Constitution has undergone more amendments than the American Constitution itself has since Arizona became a state in 1912. ince the Progressive framers wanted to give rights to the people and since many of the amendments deal with curtailing the power of the judges and authorities, they would have…
Arizona: state history http://www.shgresources.com/az/history/
Arizona's Direct Democracy
What is the process for amending the Arizona Constitution - JustAnswer http://www.justanswer.com/law/1hc03-process-amending-arizona-constitution.html#ixzz1vruo6Q2z
Timeline Gendered Movements
Over the centuries, the women's rights movement has been continually evolving based upon the examples set by others. This has enabled them to make significant changes in the way they are treated and viewed within everyday society. To fully understand these transformations requires examining different events and their influence on future generations. This will be accomplished by looking at: four major events and how they are related to one another. Together, these elements will illustrate the influence of different organizations and the changes that occurred.
There are number of events which had a major impact on the women's rights movement. The most notable include:
1869 to 1890 the establishment of the National Woman Suffrage Association: In 1869 Susan B. Anthony and Elizabeth Stanton formed the National Women's Suffrage Association. Their goal was to achieve voting rights through a constitutional amendment. They merged with the American Women Suffrage…
DuBois, E. (1999). Feminism and Suffrage. Ithaca, NY: Cornell University Press.
Farber, D. (1994). The Age of Great American Dreams. New York, NY: Hill and Wang.
Wright, S. (2005). The Civil Rights Act of 1964. New York, NY: Rosen Publishing.
Baltimore Advertiser, 18 Mar 1788)
(2) the second class was reported as comprised by "those descriptions of men who are certainly more numerous with us than in any other part of the globe. First, those men who are so wise as to discover that their ancestors and indeed all the rest of mankind were and are fools. We have a vast overproportion of these great men, who, when you tell them that from the earliest period at which mankind devoted their attention to social happiness, it has been their uniform judgment, that a government over governments cannot exist - that is two governments operating on the same individual - assume the smile of confidence, and tell you of two people travelling the same road - of a perfect and precise division of the duties of the individual." (No. 10 -- on the Preservation of Parties, Public Liberty Depends, 18 Mar…
The Anti-Federalist Papers (1788) Farmer No. 10. On the Preservation of Parties, Public Liberty Depends. 18 Mar 1788 )Baltimore Maryland Gazette. Retrieved from: http://www.barefootsworld.net/antifederalist.html
The Anti-Federalist vs. The Federalist. Polytechnic.org. (nd) *Based on the American Journey: A History of the United States by Goldfield, et al. Retrieved from: http://faculty.polytechnic.org/gfeldmeth/chart.fed.pdf
American Political Behavior Mid-Term and Discussion Chapter and Blog
Module 4/Discussion 1 -- Participation of Young Voters
Young voter participation has been lagging behind other age groups, which has been a major concern. It is a concern because majority of the population that is eligible to vote comprises of the youth. In a nation where 23% of the people are edible to vote, 17% comprises of the youth (Winograd & Hais, 2009). It is also notable that voter registration targets the college students thus a gap in voter turnout between people with collage experience and those without (Putnam, 2000). Young adults were able to vote after the ratification of the 26th amendment, which was in 1971. egardless of this right to vote, young adults do not exercise their civil responsibility to vote. The voter turnout by young adults is usually low over the last years. This is mainly due to…
Hendricks, J.A., & Denton, R.E. (2009). Communicator-in-chief: How Barack Obama used new media technology to win the white house. Lanham, Md: Lexington Books.
Rosenau, J.N., & Singh, J.P. (2002). Information technologies and global politics: The changing scope of power and governance. Albany (N.Y.: State university of New York press.
Putnam, R.D. (2000). Bowling alone: The collapse and revival of American community. New York, NY: Simon & Schuster. (ISBN 0-7432-0304-6)
Wattenberg, M.P. (2008) Is voting for young people? New York, NY: Pearson Longman. (ISBN 10: 0-205-51807-9, ISBN 13: 978-0-205-51807-4)
WO and Canada
conference in Havana in 1948 adopted a complex charter for an international body to preside over issues of trade called the International rade organization (IO). U.S. Congress never signed the IO charter so it was never ratified but GA not requiring U.S. ratification continued to exist. By default GA became the international body dealing with trade. GA had three main objectives:
o help trade flow as freely as possible,
o achieve further liberalization gradually through negotiation,
And to set up an impartial means of settling disputes.
For 47 years GA helped establish a prosperous multilateral trading system. But by the 1980s an overhaul was due. he Uruguay Round brought about that overhaul. It was the largest trade negotiation ever. he Uruguay Round has produced the most fundamental reform of the world trading system since the establishment of the GA in 1947. he establishment of the WO in…
TRADE ORGANIZATION (WTO) RULES ON UNFAIR TRADE PRACTICES: ANTI-DUMPING AND SUBSIDIES)
The Commerce Department has reported the Bush administration is "still opposed to any weakening of World Trade Organization rules on antidumping and countervailing duty trade measures," and will not renegotiate the rules at the World Trade Organization's conference in Doha, Qatar.Faryar Shirzad, assistant secretary of commerce for import administration, said the Bush administration is opposed to the provision meant to clarify and improve WTO disciplines on the use of antidumping and countervailing duty measures. Shirzad said, "we think it's premature, given the complexity of the Uruguay Round agreements in those areas, to launch negotiations." http://www.txfb.org/TexasAgriculture/2001/111601agricurrents.htm
Canada should collect reports and evidences, which could prove that their trade and business is been affected by the unfair practices of trade and therefore, the WTO who is the responsible body, should take action against such practices and should provide the people with effective trade environment. It has also been noted, "Calculating the extent of dumping on a product is not enough. Anti-dumping measures can only be applied if the dumping is hurting the industry in the importing country. Therefore, a detailed investigation has to be conducted according to specified rules first. The investigation must evaluate all relevant economic factors that have a bearing on the state of the industry in question. If the investigation shows dumping is taking place and domestic industry is being hurt,
In fact, during the 1787 Constitutional Convention, Slonim notes that the need for a bill of rights was not even a topic of discussion until Virginian delegate George Mason raised the issue just several days before the Convention was scheduled to rise on September 17; Mason suggested that a bill of rights "would give great quiet to the people." Following this assertion, Elbridge Gerry of Massachusetts moved that the Convention add a bill of rights to the Constitution and Mason seconded his motion to no avail: "The Convention unanimously rejected the proposal by a vote of 10 to 0, with one state absent. Failure to heed Mason's counsel was to plague the Federalists throughout the ratification campaign" (emphasis added).
The first major confrontation concerning the ratification of the Constitution involving the need for a bill of rights occurred in Pennsylvania several weeks after the close of the Constitutional Convention; at…
Banning, Lance. The Sacred Fire of Liberty: James Madison and the Founding of the Federal Republic. Ithaca, NY: Cornell University Press, 1995.
Binkley, Wilfred E. And Malcolm C Moos. A Grammar of American Politics: The National Government. New York: A.A. Knopf, 1949.
Bernhard, Virginia, David Burner and Elizabeth Fox-Genovese. A College History of the United States, St. James: Brandywine Press, 1991.
Brant, Irving. The Bill of Rights: Its Origin and Meaning. Indianapolis: Bobbs-Merrill, 1965.
Six weeks later the Czech Republic became the 27th and final nation to sign the Treaty. On December 2, 2009 the Lisbon Treaty went into full effect one month prior to the date originally projected.
The driving force behind the drafting and ratification of the Lisbon Treaty was German Chancellor Merkel. When she assumed her six-month presidency of the European Union in January of 2007 she was determined to effect a change in how the Union was operated. At the European Council meeting in June of 2007 she was able to convince other EU leaders to join her in amending the treaties under which the Union operated. A prior attempt at organizing the Union under a constitution had failed and so it was believed that proceeding under the treaty procedure would be more acceptable to the other member states. The constitution concept had been rejected several other times…
Bale, T., the End of the nation-state?. In European Politics: A Comparative Introduction, 2nd edit., Houndmills: Palgrave MacMillan (2008).
Cini, M. & Borragan, N.P, European Union Politics, Oxford, Oxford University Press (2010)
Dedman, M., the Origins & Development of the European Union 1945-2008: A History of European Integration, London, Routledge Publishing (2009)
new convention on the rights of domestic workers be enforced?
This paper is a treatise on the topic of the new Convention on Decent Work for Domestic Workers, established by the International Labour Organization (ILO) in Geneva, Switzerland on June 16, 2011 as ILO Convention 189. The convention may alternately be referred to in literature as the Domestic Workers Convention, 2011 (No. 189). The convention will hereafter be referred to in this document as C189. We will outline and discuss salient issues and challenges surrounding the acceptance and enforcement of C189, a landmark convention in the eyes of many. Although indisputably necessary and essential, C189 has nevertheless been controversial in its content and interpretation, and will continue to be so in upcoming years. C189 will require not only international cooperation for its success, but also the development and ratification of new and advanced provisions in international law. The challenges inherent…
DeParle, J. (2011, October 8). Domestic Workers Convention May Be Landmark - NYTimes.com. Retrieved December 15, 2011, from http://www.nytimes.com/2011/10/09/world/domestic-workers-convention-may-be-landmark.html?_r=1&scp=1&sq=Domestic%20Labor&st=cse
Dioquino, R.-A. J. (2011). DOLE seeks support for domestic workers convention | Tumblr. Retrieved December 19, 2011, from http://www.tumblr.com/tagged/domestic+workers%27+convention
Human Rights Watch. (2011, June 16). ILO: New Landmark Treaty to Protect Domestic Workers. Human Rights Watch. Retrieved December 15, 2011, from http://www.hrw.org/news/2011/06/16/ilo-new-landmark-treaty-protect-domestic-workers
ILO-1. (2011). Convention No. 189 Decent work for domestic workers. International Labour Office. Retrieved from http://www.ilo.org/wcmsp5/groups/public/-ed_protect/-protrav/-travail/documents/publication/wcms_161104.pdf
The 1989 Convention
In 1989, there was a United Nations Convention on the ights of the Child (Child, 2008). It was a treaty that was focused on human rights for people throughout the world who were under 18 years of age. ights that were addressed included social, economic, political, civil, health, and cultural (United, 1989). While 18 was the age used for the definition of the line between childhood and adulthood, the UN did make provisions for countries where the age of majority occurred before the 18th birthday (United, 1989). Any nations that agreed to the treaty and ratified it were then bound by international law (Child, 2008). There is a UN Committee on the ights of the Child that monitors the compliance of the member countries when it comes to this particular treaty. The Committee is made up of people from around the world, and that helps to…
Child Rights Information Network (2008). Convention on the Rights of the Child.
Momsen, Janet Henshall (2004). Gender and Development. NY: Routledge.
Page, B.I. & Lawrence R. Jacobs (2009), Class War?: What Americans Really Think about Economic Inequality. IL: University of Chicago Press
Salverda, W., Brian Nolan, & Timothy M. Smeeding (2009) The Oxford Handbook of Economic Inequality. Oxford: Oxford University Press.
Meech Lake Accords
In order to properly examine the Meech Lake Accords and their significance, we must look first at why the Accords were necessary and what led up to them. Until 1982, Canada had been governed by the ritish North America Act, passed by the ritish Parliament in 1867. This act provided for the unification of the Canadian provinces into the Dominion of Canada, and set out the powers of the provincial legislatures. All powers not designated to the provinces were given to the Dominion. Later interpretations by the ritish Privy Council extended property rights in the provinces and developed the doctrine of emergency powers to aid the Dominion in time of war.
Ever since the Statute of Westminster 1931, the ritish government had been willing to give up control of Canada, but Canadian federal and provincial governments were unable to agree on a new formula to allow amendments.…
'1987 Constitutional Accord." June 3, 1987. April 23, 2005. .
Coyne, Andrew. "Weighing Accord's Economic Policy Impact." July 20, 1987. April 23, 2005. .
Coyne, Deborah. "Meech Lake and Canada: Perspectives from the West." Canadian Historical Review. Volume 70, Number 4. December 1989. April 23, 2005. .
"Meech Lake Accord Is Unacceptable -- FSIN." Saskatchewan Indian. Summer 1987, Special Edition. p 2.
" (Griffin and Evans, 2002) a wider vision of international law, according to Griffin and Evans is one that views adhering to laws that are international as an obligation "to the extent of mandating each arm of government to promote compliance with international law." (2002) This position is justified firstly, through holding that international law "is law, and it produces binding, legal obligations on Australia. Hence international law should be obeyed out of a sense of legal obligation." (Griffin and Evans, 2002) the second justification used is one that holds that "the content of international laws often has some moral force and should be obeyed out of a sense of moral obligation." (Griffin and Evans, 2002) in the area of human rights law this is particularly held true and in cases where "judges sometimes come close to the language of natural law when describing the importance of these rights." (Griffin…
Griffith, Gavan and Evans, Carolyn (2002) Teoh and Visions of International Law. Australian Year Book of International Law Vol. 21 University of Melborne Public Law and Legal Theory Research Paper No. 34. 2002.
Lacey, Wendy (2004) a Prelude to the Demise of Teoh: The High Court Decision in RE Minister for Immigration and Multicultural Affairs; Ex-parte Lam. Sydney Law Review 2004. Online available at http://www.austlii.edu.au/au/journals/SydLRev/2004/7.html#fnB19
Selway, Bradley (2002) the Principle Behind Common Law Judicial Review of Administrative Action - the Search Continues. Federal Law Review. 8. 2002. Online available at http://www.austlii.edu.au/au/journals/FedLRev/2002/8.html
Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273
Articles of Confederation: The Articles of Confederation were approved in November, 1777 and were the basic format for what would become the Constitution and Bill of ights for the United States. There were, of course, deficiencies in the document, this was a new experiment and getting the delegates to agree in kind to pass any sort of document was challenging at best. The Articles did allow a semblance of unity, the further impetus to remain at war with the British, and the conclusion that there would be some sort of Federal government. The Articles, however, failed to require individual States to help fund the Federal (National) government, a template for an Executive and National Judicial Branch, or the issuance of paper money and a central banking system. In essence, the largest failure was the Articles' inability to allow a Federal government to regulate commerce, tax, or impose laws upon the…
REFERENCES and WORKS CONSULTED
Amar, a. (2005). America's Constitution: A Biography. New York: Random House.
Bailyn, B., ed. (1993). The Debate on the Constitution. Library of America Press.
Beeman, R. (2009). Plain, Honest Men: The Making of the American Constitution.
By enacting the Black Codes, starting in 1865, following the 13th Amendment, however, and by giving birth, in 1866, to the Ku Klux Klan and its reign of terror over the freedmen, the southern states successfully circumvented the actual enjoyment by blacks of most of the freedoms granted them by the 13th Amendment.
The Constitution of the United tates of America [Article II]. A History of the American People.
Ed. Harry J. Carman et al. 2nd ed. Vol. 1. New York: Knopf, 1960. 776.
Hill, Elias. "Testimony before Congressional Committee Investigating the Ku Klux Klan, 1871." Reading the American Past: elected Historical Documents. Ed. Michael
Johnson. 2nd ed. Vol. 2. New York: Bedford, 2002. 9-13.
Jefferson, Thomas. The Declaration of Independence. A History of the American People.
Ed. Harry J. Carman et al. 2nd ed. Vol. 1. New York: Knopf, 1960. 759.
Mississippi Black Code, November 1865." Reading…
Black Codes in the Former Confederate States." December 15, 2004. http://www.civilwar home.com/blackcodes.htm>. 5 pages.
Brinkley, Douglas. History of the United States. New York: Viking, 2002. 237-8.
Carman, Harry J. et al., Ed. A History of the American People. 2nd ed. Vol. 1. New York:
Knopf, 1960. 738.
adults have an episode or two from their youth of which they are not extremely proud. Perhaps it involved sneaking a beer (or several beers) at a social function, or lying about one's plans for the evening to get permission to attend a questionable event. Most kids have learned the hard way on at least a few experiences -- speeding, missing curfew, or cheating on a test. Younger children are taught that taking a pack of gum from the store without paying for it is wrong, and that there are certain words on television that they shouldn't repeat in school. e accept these facts of life fairly easily; minors aren't mentally or socially equipped to know how they should behave all of the time. Children have to be taught about social mores, and teenagers test authority without considering the consequences in a way that most adults would. Lawbreaking -- whether…
Atkins v. Virginia, 2004, 536 U.S. 304
Case 12-285, Inter-American Court on Human Rights Rep. No 3/87 (1987)
Domingues v. State, 961 P. 2d 1279,1280, Nev. 1989
Constitution of the United States was a highly important and significant document that was adopted on September 17, 1787, and ratified by conventions.
Eleven states participated in the ratification, and the Constitution officially went into effect on March 4, 1789.
The Constitution of the United States is important for many reasons, including keeping order and law and guaranteeing basic freedoms for the American people. Without the Constitution, it would be much easier for lawmakers to make changes that might not have value to the people of the country and that could cause them harm by taking away some or all of the rights that they have come to expect. Overall, the U.S. Constitution is a document that can be changed and adjusted but that does include guarantees for specific rights that will not be lost even if those changes and adjustments are made.
The U.S. Constitution was written by Governor…
Bailyn, Bernard, ed. (1993). The Debate on the Constitution: Federalist and Antifederalist Speeches, Articles, and Letters During the Struggle for Ratification. Part One: September 1787 to February 1788. NY: The Library of America.
Garvey, John H. ed. (2004). Modern Constitutional Theory: A Reader 5th ed. NY: Penguin.
Mason, Alpheus Thomas and Donald Grier Stephenson, ed. (2004). American Constitutional Law: Introductory Essays and Selected Cases (14th Edition). NY: Penguin.
As the leader of the free world, the United States remains in the limelight as the rest of the world keeps a keen eye on how they conduct their affairs. As it appertains to constitutional interpretation, the U.S. has a sound philosophy dubbed 'living constitutionalism.' In the American constitutional dispensation, as in other countries, the letter of the law is unequivocal. That notwithstanding, many agree that every society is dynamic in nature. As such, as society keeps changing, there is a growing need for the constitution to be equally as dynamic in view of various considerations. Implementing and enforcing the letter of the law as stated in constitutional clauses often has its shortcomings. The concept 'Living Constitutionalism' revolves around humanizing the law. By adding the element of humanity in the law, the constitution gains a dynamic element. This idea relates to the view of the society as contemporaneous,…
Alstyne, William Van. 2010. "Clashing Visions of a "Living" Constitution: Of Opportunists and Obligationists." Cato Supreme Court Review 13-26.
Balkin, Jack M. 2012. "Panelist Papers: The Roots of the Living Constitution." Boston University Law Review 92, 4:1129-1160.
Denning, Brannon P. 2011. "Common Law Constitutional Interpretation: A Critique." Constitutional Commentary 27, 3:621-645.
Dodson, Scott. 2008. "A Darwinist View of the Living Constitution." Vanderbilt Law Review 61, 5:1319-1347.
American Political Philosophy: epublicanism
Within this paper, the general theory of republicanism will be presented. The conceptualization of republicanism discussed within the paper as an American political philosophy will be based on The Federalist Papers written by Alexander Hamilton, John Jay and James Madison in 1787. Initially, a brief overview of relevant background information on The Federalist Papers will be provided. This will be followed by a discussion of the primary components of republicanism as set forth within the works of Hamilton, Jay and Madison. A summary and conclusions will then be provided.
Overview of The Federalist Papers
The Federalist Papers have been suggested as representing one of the most important writing in American political thought (Yarbrough, 1986). It represents a collection of 85 letters written by Hamilton, Jay and Madison under the pseudonym of Publius. The letters were written to the American public and were initially published in a…
Hamilton, A., Jay, J. & Madison, J. (1961). The Federalist papers. C. Rossiter (ed.). NY: New American Library.
Yarbrough, J. (1986). The Federalist. News for Teachers of Political Science, (Spring 1986). 7 June 2003: http://www.apsanet.org/CENnet/thisconstitution/yarbrough.cfm..
History and Background of the Compromise:
If there was one thing that divided Southern and Northern states sharply during the ratification of constitution and immediately after it, it was none other than the institution of slavery. Slavery was indeed a dark and shameful practice that plagued the history of United States for many decades before it was finally abolished in 1860s. However before this time, South has a strong hold on the practice of slavery and no amount of opposition would deter it from its fixed ways of thinking. Southerners believed that the only way they could possibly have an edge over Northern states was with the help of their affluence, which was basically grounded in their rubber, cotton and other plantations. They needed large armies of slaves to work on these plantations since they were cheap labor and couldn't object to the level of wages.
Ward Connerly Don't Box Me In: An end to racial check-offs April 16, 2001
John Burl Smith, The Constitution: T.H.I.N.C. About It! The DISH Volume 2 Number 37. September 24, 1999
Gilder Lehrman Document Number: GLC 80: The Three-Fifth Compromise
Alberta province of Canada is considered one of the strongest economies in North America, being culturally diverse as well as politically and environmentally stable. Its varied landscape, sunny climate and varied geography make it a most ideal locality and provide its people an excellent quality of life. Alberta is endowed with abundant natural resources, natural sceneries, and capable manpower that altogether make it the perfect place to live and work in. These outstanding features are collectively referred to as the Alberta advantage (Government of Alberta 2002). Its people are vibrant, resourceful and productive entrepreneurs, whose goods and services rank among the most excellent in the world. This level of excellence draws from the inherent pioneering spirit of the earliest settlers of the province. The present principal industries of the province are agriculture and related industries, forestry, telecommunications, oil and gas. Its oil and gas industry, which began in the late…
Brown, Jim. 2003: Canada's Chretien Downplays Kyoto Economic Impact. CNEWS. http://cnews.canoe.ca/CNEWS/Politics/2003/10/20/23/511-cp.html
CBCNews, 2002: Consumers Will Feel Pinch of Kyoto, Say Opponents. CBC. http://www/cbc/ca/stories/stories/2002/09/03/ab_kyoto020903
CTV News Staff. 2003:Three-quarters of Canadians Support Kyoto: Poll. CTV.ca. http://www/ctv/ca/servlit/ArticleNews/story/CTVNews/10340/4051181_29423251/:hub=Canada
Government of Alberta. 2002: Canadians Divided on Kyoto Ratification. http://www.gov.ab.ca/home/index.cfm "Page=332.
Treaties and Australian Law
A treaty is an agreement that takes place among States (countries) which is binding at international law. In some cases, international organisations can be parties to treaties. An agreement between an Australian State or Territory and a foreign Government will not, therefore, be a treaty. Even if a document is agreed between two or more sovereign countries, it will not be a treaty unless those countries intend the document to be binding at international law. With that said, this paper will discuss the statement in regards to Campbell JA in Samootin v. Shea  NSWCA 378 and will also give particular examples of treaties ratified by the Australian government which have become part of domestic or municipal law.
Just to give a little synopsis, the Campbell JA in Samootin v. Shea  NSWCA 378 was a judgement that occurred in 2010. It started in 2001,…
Anon., 2012. Supreme Court of New South Wales - Court of Appeal. [Online]
Available at: http://www.austlii.edu.au/au/cases/nsw/NSWCA/2012/378.html
[Accessed 9 April 2016].
Australian Human Rights Commission, 2015. Australia's commitment to children's rights and reporting to the UN. [Online]
The potentially socialist tone of these articles can explain a delay up through the Cold War, but it does not excuse delaying ratification into the twenty-first century. Upon further review, the socialist motive for delaying ratification does not stand.
Part 2, Topic 4: The wandan Genocide
On April 6, 1994, the plane of wandan President Juvenal Habyarimana was shot down over Kigali airport, the main airport for wanda, a small country in Central Africa.. Habyarimana was killed in the crash, as was the Burundian president, Cyprien Ntaryamira. The President was a Hutu, the majority in wanda. Many believe the Tutsis, the minority in wanda, perpetrated the shooting. Some say Hutu extremists, to give them an excuse for what happened next, committed the murder. Within hours of the president's death, angry Hutus took to the streets and sought out those who supported peace between the Hutus and the Tutsis. They did…
Glendon, Mary Ann. (2001). A World made new: Eleanor Roosevelt and the Universal
Declaration of Human Rights. New York: Random House.
Fromkin, David. (2001, April 22). Drawing a Line, However Thin. The New York
Times. Retrieved from http://www.nytimes.com/2001/04/22/books/drawing-a-line-however-thin.html?pagewanted=2
Political legitimacy derives from the peoples of the Member States and thus from the states themselves; (b) the primacy of European law: this is not 'absolute' and the Court reserves the right to block European legislation in order to protect sovereignty and 'constitutional identity', which is, moreover, enshrined in the Lisbon Treaty itself; and (c) ring-fences certain sovereign powers for the Member States: in the areas of criminal law and procedure, policing, military matters, fiscal policy (thus precluding 'economic government') and social, cultural, religious, educational and media affairs; and (5) Emphasizes that the formal creation of a European federal state and the transfer of such powers to that state would require a change in the Constitution and therefore a referendum. (eaudouin, 2009)
eaudouin reports that the Lisbon Treaty makes the EU "considerably more powerful by merging the three pillars, endowing the Union with legal personality, extending its competences, establishing the…
Beaudouin, Christopher (2009) Presentation of the German Federal Constitutional Court Judgment of 30 June 2009 on the Lisbon Treaty. Online available at: http://www.efdgroup.eu/uploads/file/German%20Federal%20Const-Court%20Judgement/788816EN.pdf
Coughlan, Anthony (2009) 13 Facts About the Lisbon Treaty. 21 Aug 2009. Corbett Report -- Open Source Intelligence News. Online available at: http://www.corbettreport.com/articles/20090821_lisbon_facts.htm
European Parliament and the Lisbon Treaty (2009) European Parliament. Online available at: http://www.europarl.europa.eu/parliament/public/staticDisplay.do?language=EN&refreshCache=yes&pageRank=1&id=66
McConalogue, Jim (2009) Ireland's 100 Reasons to Vote 'No' to the Lisbon Treaty. The European Journal. Sept 2009. Online available at: http://europeanjournal.typepad.com/my_weblog/2009/09/irelands-100-reasons-to-vote-no-to-the-lisbon-treaty.html
45, for instance, where he argues that "the State governments may be regarded as constituent and essential parts of the federal government; whilst the latter is nowise essential to the operation or organization of the former. ithout the intervention of the State legislatures, the President of the United States cannot be elected at all." (Rossiter, 287) This is a position which suggests not only that the Federalists felt that significant power had already been entrusted to leaders at the state level, but also that this power is seen primarily as a function of the power of the federal government. Thus, we are given further confirmation that the Constitution was inherently a federal document.
In key segments of the debate such as that shown in the Anti-Federalist Paper No. 17, we can see that those who stood in opposition to the empowerment of federal authority derived from the Constitution were a…
Mansfield, Harvey C. Jr., (1979). Selected Writings Jefferson. Harlan Davidson Press.
Rossiter, Clinton. (1961). The Federalist Papers. Signet Classics.
Storing, Herbert J. (1985). The Anti-Federalist. The University of Chicago Press.
The Nation (TN). (2008). The Antifederalist Papers. This Nation.com.
The U.S. Debate over Membership in the League of Nations
After the end of orld ar I, the world was weary of war and the ravages that it had taken on the European continent and it would seem reasonable to suggest that policymakers on both sides of the Atlantic would be eager to form some type of league to resolve future conflicts. According to Margulies (1998), "Following the signing of the Treaty of Versailles at the Paris Peace Conference in June 1919, where he played a major role in negotiating that treaty, which established the League of Nations, President oodrow ilson turned his attention to persuading the U.S. Senate to ratify the new treaty" (273). The Senate of the 66th Congress was almost equally divided between the Republican Party with 49 and the Democrats who fielded 47 senators (Marguilies). Although the president could rely on the majority of the Democrats…
Egerton, George W. Great Britain and the Creation of the League of Nations: Strategy, Politics,
and International Organization, 1914-1919. Chapel Hill, NC: University of North
Carolina Press, 1978.
Janas, Michael. 2006. "Woodrow Wilson's Western Tour: Rhetoric, Public Opinion and the League of Nations." Argumentation and Advocacy 42(4): 229.
This test, embodied in Article 10 of the treaty, said that land grants would be considered valid to the extent that they were valid under Mexican law" (Ebright 29). According to Montoya (2002), although the treaty was ratified, the subsequent years were clouded by legal battles over quiet title to the lands involved because of the absence of Article X: "The process of defining property rights and ushering in market capitalism that had begun by issuing such a large land grant would continue under the U.S. legal and economic system. But for the next fifty years, charges of patronage, absentee landlordism, and unjust claims would cloud title to the land" (36).
The research showed that the Treaty of Guadalupe Hidalgo concluded the U.S.-Mexican ar and gained the United States Upper California, Texas and New Mexico in exchange for a paltry $15,000,000 and some nebulous assurances that the U.S. would…
Black's Law Dictionary (6th Ed.). St. Paul, MN: West Publishing Co., 1990.
Ebright, Malcolm. Land Grants and Lawsuits in Northern New Mexico. Albuquerque: University of New Mexico Press, 1994.
Montoya, Maria E. Translating Property: The Maxwell Land Grant and the Conflict over Land in the American West, 1840-1900. Berkeley, CA: University of California Press, 2002.
Treaty of Guadalupe Hidalgo. (2007). Azteca Web Page. [Online]. Available: http://www.azteca.net/aztec/guadhida.html .
DUAL FEDEALISM PHASE
The Dual Federalism is the reflection of the ideology that stressed over the balance of powers between the national and state governments, and considers both the governments as 'equal partners with separate and distinct spheres of authority' (Sergio, 2005). Previously, the 'federal or national government was limited in its authority to those powers enumerated in the Constitution', and it was evident that there was partial understanding and correspondence between the national and stat. There existed little collaboration between the national and state governments, which resulted in the 'occasional tensions over the nature of the union and the doctrine of nullification and state sovereignty'.
In 1789, the Constitution was approved by the States; ratification of the conventions convened took place. The period from 1789 to 1801 has been regarded as the Federalist Perios, 'the period takes its name from the dominant political party of the time, which believed…
Michael Mcguire. American Federalism and the Search for Models of Management. Public Administration Review. Volume: 61. Issue: 6. 2001. American Society for Public Administration.
Stever, James a. The Growth and Decline of Executive-Centered Intergovernmental Management. Publius: The Journal of Federalism Vol. 23. 1993. pp. 71-84.
Stoker, Gerry, and Karen Mossberger. Urban Regime Theory in Comparative Perspective. Environment and Planning C: Government and Policy Vol. 12. 1992. pp. 195-212.
Stone, Clarence. Regime Politics. University Press of Kansas. 1989. pp. 218.
The Panamanians however, did get the short end of the stick for a really long time.
The Panama Canal Treaty had an astonishing impact on international relations, such an impact, that it is still present today. Panama is the single-most busiest port in the world. With more ships trading there than in any other place, the financial boom that Panama should be receiving is now becoming apparent in Panama City's growth in size. It changed the way that trade was conducted and that travel at the time was made. No longer were ships obligated to go through the south tip of South America, but they could now travel through North and South America in order to get to their destination. Two sides of the World were united through the creation of the Panama Canal, and none of this would have been possible, had it not been for the ratification of…
Aust, Anthony. "Modern Treaty Law and Practice." Cambridge, United Kingdom:
Cambridge University Press. 2000. Print.
Clymer, Adam. "Drawing the line at the big ditch: the Panama Canal Treaties and the rise of the Right." Lawrence, KS: University Press of Kansas. 2008.
The truth is that the forefathers were actually quite surprised at the effect that the signing of the Constitution had created in America; at the democratic society and government that resulted after the ratification of the Constitution.
The ratification in itself was a long one, and it involved in essence the perusal of the written Constitution by each state for ratification purposes, for which each state was required to create an independent ratifying committee headed by special delegates. The discussions of the advantages and the disadvantages of the newly written constitution of America began almost immediately after it was signed, and the two opposing factions of the Federalists to whom the majority of the forefathers belonged, and the Anti-Federalists who formed the opposing group brought these forth. The situation in America at the time of the writing of the Constitution was that of pro-democracy. The political as well as the…
Encyclopedia: American constitution. Retrieved at http://nationmaster.w2n.net/encyclopedia/American-constitutionAccessed on 4 October, 2004
Encyclopedia: American Revolutionary War. Retrieved at http://nationmaster.w2n.net/encyclopedia/American-Revolutionary-War . Accessed on 4 October, 2004
Encyclopedia: Articles of Association. Retrieved at http://nationmaster.w2n.net/encyclopedia/Articles-of-AssociationAccessed on 4 October, 2004
Encyclopedia: Articles of Confederation. Retrieved at http://nationmaster.w2n.net/encyclopedia/Articles-of-Confederation . Accessed on 4 October, 2004
The 16th Amendment was the first to be passed in the 20th century. It allowed incomes to be taxed as a clear response to the Supreme Court decision in the Pollock v Farmers' Loan and Trust Company (Fonder and Shaffrey 2002). Congress previously passed an income tax law in 1894, which the Supreme Court found to be unconstitutional, not being divided among the states by population. efore the 16th Amendment, the Constitution protected citizens in Article 1, Section 9, which provided that no capitation, or other direct tax chall be laid, unless in proportion to the census or enumeration. This protection was eliminated with the passage and ratification of the 16th Amendment, which gave Congress the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the States and without regard to census or enumeration. efore the 16th Amendment, taxation was based on consumption and…
Baker, J. (2000). United States (Government). MSN Encarta Online Encyclopedia: Microsoft Corporation. http://encarta.msn.com/text_1741500781_44/United_Sttes_(government
Collins, R.A. (1993). Gibbon, D., ed. The History of America. New York: CLB Publishing.
Fonder, M. And Shaffrey, M. (2002). American Government. Pearson Education Company
Francese, P. (2002). The Exotic Travel Boom - Leisure Travel Market Will Benefit from Aging American Population. American Demographics: Media Central, Inc. http://www.findarticles.com/articles/mi_m4021/is_2002_June_1/a_8867
In contrast, within the firm, the entrepreneur directs production and coordinates without intervention of a price mechanism; but, if production is regulated by price movements, production could be carried on without any organization at all, well might we ask, why is there any organization?" (Coase, 1937, p. 387) In simpler words if markets are so efficient why do firms exist? Coase explains, "the operation of a market costs something [such as the costs of negotiating and concluding a separate contract for each exchange transaction] and by forming an organization and allowing some authority (an "entrepreneur") to direct the resources, certain marketing costs are saved" (Coase, 1937, p. 391). Thus, firms actually present greater efficiency over markets by decreasing such costs.
That being said, if firms are so efficient, why are markets needed? (Coase, 1937). As per Coase, as the firm grows (when the entrepreneur processes additional transactions), decreasing returns to…
Adams, R.B. And Ferreira, D. (2003) Diversity and Incentives in Teams: Evidence from Corporate Boards. http://ssrn.com/abstract=321095
Agrawal, A. And Knoeber C.R. (1996) Firm Performance and Mechanisms to Control Agency Problems Between Managers and Shareholders Journal of Financial and Quantitative Analysis 31, 377-398.
American Management Associations (AMA) (1981) The Advisory Board Minutes of the National Association of Corporate Directors Meeting. New York (Headquarter)
Bauer, R., Guenster, N. And Otten, R. (2003) Empirical Evidence on Corporate Governance in Europe. The Effect on Stock Returns, Firm Value and Performance. EFMA Basel Meeting Paper http://ssrn.com/abstract=445543
Principal-Agent Model in Economics and Political Science
The international political perspectives of free trade
A Global Analysis
International Trade Impact on Tunisia
The Export of agricultural products
International trade and development of Tunisia
Balance in the Trade egime
Imports and exports of Tunisia
Coping With External and Internal Pressures
The Common External Tariff (CET)
Anti-Dumping Duties (ADDs) and Countervailing Duties (CVDs)
ules of origin
The New Commercial Policy Instrument
Sector Based Aspects
GATT/WTO's Main Principles
Multilateral negotiation and free trade
The Trading Policies of European Union
Critical Political Economy
The Gross Domestic Product of Tunisia
The eal Data Analysis of Import Export Companies in Tunisia
The Smith Co Company
The Softkim and Lovers Limited
The Impact of Free Trade on Tunisia Trading 43
Africa, the Caribbean, and the Pacific
Alternative Mediterranean Conference
Bhagwati, J. (2002). Free Trade Today. Princeton, NJ: Princeton University Press. Retrieved August 15, 2011, from Questia database: http://www.questia.com/PM.qst?a=o&d=99509776
Bhote, K.R. (2002). The Ultimate Six Sigma: Beyond Quality Excellence to Total Business Excellence. New York: AMACOM. Retrieved August 15, 2011, from Questia database: http://www.questia.com/PM.qst?a=o&d=111931454
Campbell, B. (1993). 3 A Canadian Labor Perspective on a North American Free Trade Agreement. In The North American Free Trade Agreement Labor, Industry, and Government Perspectives, Bognanno, M.F. & Ready, K.J. (Eds.) (pp. 61-68). Westport, CT: Praeger. Retrieved August 15, 2011, from Questia database: http://www.questia.com/PM.qst?a=o&d=24509387
Conti, D.B. (1998). Reconciling Free Trade, Fair Trade, and Interdependence: The Rhetoric of Presidential Economic Leadership. Westport, CT: Praeger. Retrieved August 15, 2011, from Questia database: http://www.questia.com/PM.qst?a=o&d=15432294
History Of the Organization's Formation
Objectives of ICAO as Specified in the Chicago Convention
Enhancing Safety and Security in Civil Aviation
Development and Constant Evaluation of Aviation Standards and Policies
Implementation of Standards and Practices
Timely esponse to Challenges
Changes in ICAO's Strategic Objectives
Environmental Protection and Sustainable Development Objective
The International Civil Aviation Organization was formed in November 1944 by the conclusion of the Chicago Convention held in that year. This organization was formed because of the need for securing cooperation and standardization of global aviation policies and practices. The United States of America played a crucial role in the organization's formation by inviting several states to the Convention on international civil aviation standards, policies, and procedures. Out of the 44 States that attended the Chicago Convention, 32 States signed an agreement that paved the way for ICAO's creation.
ICAO was mandated with…
"Annual Report of the Council." (2010). Documentation for the Session of the Assembly 2013.
Retrieved September 30, 2013, from http://www.icao.int/publications/Documents/9952_en.pdf
"Annual Report of the Council." (2011). Documentation for the Session of the Assembly 2013.
Retrieved September 30, 2013, from http://www.icao.int/publications/Documents/9975_en.pdf
We tend to think of labor unions as a thing of the past. Not, of course, that workers no longer need protection. But since the beginning of the first eagan administration, we have become used to workers' rights being chipped - and sometimes hacked - away by the powerful interests of capital. (The same powerful interests, of course, that unions were designed to fight against). The overall percentage of workers who belong to unions has been falling for generations, in part because of eagan-era legal decisions that lessened the power of unions and in part because of globalization and a shift away (in the United States and in othe First World countries) from the heavy-industrial jobs that have tended to be the most heavily unionized, as Boeri (2001) notes.
But even as heavy industry is losing jobs and unions are losing those same workers, in other parts of the…
Boeri, T. (2001). The Role of Unions in the 21St-Century. Oxford: Oxford UP.
Riccucci, N. (1990). Women, Minorities, and Unions in the Public Sector. Miami: Greenwood.
Stadelbacher, D. (2003). Interview,
Wheeler, H.N. (2002). The Future of the American Labor Movement. Cambridge: Cambridge University.
International Human ights, Women and Gender
International Human ights: Women and Gender
Women are the most assaulted segment of the human society. A shocking statistic reveals that a majority of the females are subjected to violence and sexual violence by the time they reach their late teens (Fergus, 2012).
Definitions of Violence against women, constitutes the mental and physical torture they are subjected to by way of restricting their right to freedom in the broader sense of the term. The crimes and exploitation against younger girls implies, by definition, violence based on gender discrimination. It has been observed that this act of violence is fallout of the negligence shown towards equality of the female child and womenfolk in general (Fergus, 2012).
The act of violence exposes the women and specifically the younger female child to isolation, loss of identity, unhealthy overall development, psychological and social stigma (WHO, 2006) and hence…
Arbour, L. (2007). Human Rights. Yes! Human Rights Resource Center, University of Minnesota.
Bhattacharya, D. (2013). Global Health Disputes and Disparities: A Critical Appraisal of International Law and Population Health. Routledge.
CEDAW (n.d.). Strengthening Health System Responses to Gender-based Violence in Eastern Europe & Central Asia: A programmatic package. A United Nations Publication.
CEDAW. (2010). General recommendation No. 28 on the core obligations of States parties under article 2 of the Convention on the Elimination of All Forms of Discrimination against Women. United Nations Publications.
An extensive period in US history has witnessed specific segments of the nation's population (such as females, Blacks, etc.) deprived of voting rights. The female suffrage movement or struggle for winning voting rights for females continued throughout the major part of the 1800s and into the early 1900s[footnoteRef:1]. While a few states allowed female participation in elections, both as contesters and voters, before the 19th Amendment's enforcement, its ratification on 18th August, 1920 ensured voting rights were extended to every woman in America[footnoteRef:2]. Ever since its ratification, US society has universally acknowledged female voting rights. [1: William W. Hodes, "Women and the Constitution" Rutgers L. Rev. 25 (1970): 26.] [2: Carol Lynn Yellin, "COUNTDOWN IN TENNESSEE" American Heritage 30, no. 1 (1978): 12.]
The American Constitution's Nineteenth Amendment accords an equal right to both males and females to vote. It asserts that the federal and state governments shall not…
O does not. She uses repetition of "from Tyler" to confirm accuracy reception. This is a sequence of repetition in which interaction is confirmed cooperatively. We see that . orients his social identity to his institutional identity as an "interviewer" responsible for ensuring the communication of information.
In line 15 . says "cause she lives on the East coast (.) and it's cold." This statement is inspired by O's side comment that "only hers is a hardtop." We can see again a structure of clarification in the interaction. It is not a criticism but a request for further information that would confirm a possible meaning. As the interviewer, is perhaps thinking here of the audience who might not understanding the significance of the hardtop statement. While we cannot say anything about 's motivation here, he demonstrates sensitivity to the incompleteness of O's explanation and to the interview context (the live…
B's next interaction is laughter. Laughter is a procedural part of conversational interaction. B's laughter does not break a rule of politeness or act to offend his interlocutor, O. Nor does it operate strictly as a turn since the laughter is overlapping with O's continuous speech. That is, B's laughter does not break the flow of O's story. It is synchronous with it and in a low enough key so as not to create hesitation or pause in the speaker. It is possible that O. expects her story to initiate a humorous response. B fulfills this obligation as part of his interactional co-participation, but maintaining a level of formality, he refuses to engage in banter or teasing.
Then B. inserts "from Tyler" in line 13 into a situation of pause. This may be a case of B "repackaging" O's point for the benefit of the audience. Hutchby has pointed to the significance of Heritage's notion of "cooperative recycling" in media contexts (2006: 129). What it does is to give O. A chance to challenge his comprehension of the story. O does not. She uses repetition of "from Tyler" to confirm accuracy reception. This is a sequence of repetition in which interaction is confirmed cooperatively. We see that B. orients his social identity to his institutional identity as an "interviewer" responsible for ensuring the communication of information.
In line 15 B. says "cause she lives on the East coast (.) and it's cold." This statement is inspired by O's side comment that "only hers is a hardtop." We can see again a structure of clarification in the interaction. It is not a criticism but a request for further information that would confirm a possible meaning. As the interviewer, B is perhaps thinking here of the audience who might not understanding the significance of the hardtop statement. While we cannot say anything about B's motivation here, he demonstrates sensitivity to the incompleteness of O's explanation and to the interview context (the live audience present) as a function of the interaction itself. It is through the pause at the end of O's statement and her gaze that she indicates the possibility for B. To insert his comment. O gives an overlapping "yaah so" which fails to hear his last addition "and it's cold." While O's marker affirms again the accuracy of B's assessment about the "hardtop," it seems to ignore him by rushing on with the story. She moves on quickly as though
If a plea bargain is reached before the trial, often the trial will not continue. The suspect will be sentenced and then continue to incarceration. Plea-bargaining is a legal tool, which keep the courts from becoming too clogged (Champion 208). This ends the Pre-Trial phase of the criminal court system.
Next in the process is the trial itself. Most people who enjoy courtroom dramas will recognize this phase of the process. Many trials are pleaded out, which means the main characters in the process are the prosecutor, the defense counsel, and the judge. hen a case does go to trial, juries are selected, and are generally composed of 6 or 12 peers, chosen with equal input and approval by both the prosecutor and the defense (Samaha 329). The prosecutor, usually working for the county or state, offers their evidence against the suspect, while the defense counsel presents evidence meant to…
Champion, Dean J. Dictionary of American Criminal Justice: Key Terms and Major
Supreme Court Cases, Fitzroy Dearborn Publishing, Chicago, Il, 1998.
Clymer, Steven. Are Police Free to Disregard Miranda? The Yale Law Journal,
Vol 112, 2002, 449-550.
432). In fact, northwest Indiana became home to several literary and cultural groups for women over the second half of the nineteenth century (Croly). Among these were The Helen Hunt Club of Cambridge City, which originally began as The Two O'clock Club, who stated that "ith an earnest desire to obtain a higher degree of literary culture, a greater fund of knowledge, and a better appreciation of the dignity of womanhood, we associate ourselves together as a club" (Croly, 436). This club did not even restrict itself to esoteric pursuits, but actively engaged in a political and historical study and analysis of the United States, which necessarily colored their perspectives and enlightened them on current political issues such as the suffrage movement (Croly, 436).
No human issue exists in a vacuum. Intermingled with the issue of women's suffrage we find issues of women's education, rights to property, and a host…
J.C. Croly. The History of the Women's Club Movement n America. New York, NY: H.G. Allen & Company, 1898. Accessed online 24 February 2009. http://asp6new.alexanderstreet.com+wam2.object.details.aspx?dorpid=1000672402
Elizabeth Cody Stanton, Susan B. Anthony, and Matilda Joslyn Gage, eds. History of Woman Suffrage, vol. 1: 1848-1861. New York, NY: Fowler and Wells, Publishers, 1881. Accessed online 24 February 2009. http://asp6new.alexanderstreet.com+wam2.object.details.aspx?dorpid=1000685759
M.G. Stapler, ed. Women's Suffrage Yearbook. New York: National Woman Suffrage Pub. Co., 1917. Accessed online 24 February 2009. www.everydaylife.amdigital.co.uk+Document.aspx?docref=TheWomanSuffrageYearBook1917
" (McDonald-Gibson, 2007) Therefore, although the entire planet suffers the consequences, it is a limited part of its inhabitants that perpetuates the crisis. From this perspective, developing nations demanded, on a regular basis even, the right to speak out their intentions and to have a unified position in terms of promoting sustainable development and implicitly the general environmental policies promoted by the UN.
Yet another element is in fact in relation to the previous two. Developed nations, although somewhat reluctant to their limitation of economic practices that would increase the limit of emissions, promised strategies and results for succeeding in reducing the greenhouse effects and all the additional side remarks. In this sense, throughout the debates on environmental policies, states such as Canada, France, and the United States would sponsor any initiative with the precise target. Therefore, there are some proposals for developing nations to reduce their need for fuel.…
European Union. The Kyoto protocol - a brief summary. European Union web site, accessed 19 June 2007, at http://ec.europa.eu/environment/climat/kyoto.htm
Freestone, David, and Charlotte Strech. Legal aspects of implementing the Kyoto Protocol. Mechanisms. Making Kyoto work. Oxford: OUP.
Hohmann, Harald. Basic documents of international environmental law. International Environmental Law & Policy Series. Vol 1. London: Graham&Trotman, 1992.
Hollo, Erkki ed al. Legal aspects of climate change: Instrument choice and the Kyoto mechanisms. Retrieved 19 June 2007, at http://www.sci.utu.fi/projects/maantiede/figare/UGS/UGS-177.pdf
The workforce should be clear about the implementation of technologies for protecting natural resources, through formulating strategies.
atification of the International Maritime Organization (IMO) 1984 Protocols
Domestic legislation on compensation and liability is needed to implement two IMO protocols related to compensation and liability. The United States should ratify the 1984 Protocols to the 1969 Civil Liability and the 1971 Fund Conventions. Expeditious ratification is essential to ensure international agreement on responsibilities associated with oil spills around the world' (A eport to the President: Executive Summary).
Introduction of Safeguards
It is imperative to establish such environmental safeguards so as to minimize the possibility of oil spillage, by improving transportation, production, storing facilities. 'The infrequency of major oil spills in recent years contributed to the complacency that exacerbated the effect of the Exxon Valdez spill' (CNN: Exxon found guilty).
Legislation on liability and compensation is needed
The Exxon Valdez incident has…
Michael Baffrey, Contracting Officer's, Technical Representative U.S. Department of the Interior Minerals Management Service Environmental Studies Section., Exxon Valdez Oil Spill, Cleanup, and Litigation: A Collection of Social-Impacts Information and Analysis.
Science and Transportation United States. Congress Senate Committee on Commerce, United States Congress, Exxon Oil Spill: Hearing Before the Committee on Commerce, Science, and Transportation.
Phillip Margulies., The EXXON Valdez Oil Spill.
Peter G. Wells., EXXON Valdez Oil Spill: fate and effects in Alaskan waters.
One of the best examples of the mentality behind the development of the pedagogy of the oppressed, with regard to education is the evolution of the official restriction of curriculum to that which the African would need to survive in the economy of labor.
A the solutions to the "poor Whites" problem, as was indicated in the Carnegie Commission of Inquiry into Poor Whites in South Africa in 1932, were not bearing the expected fruits of "innate superiority." Thus, Verwoerd emphasized that the African "school must equip him [the African] to meet the demands which the economic life of South Africa will impose on him" (Mbere 1979, 106).The relationship between production and what is learned in schools reproduces unskilled and semiskilled labor power that allows domination and exploitation to occur. According to the CNE policy, Whites were perpetual parents who had to guide their "children," the Africans. This relationship of…
Chokshi, M. Carter, C. Gupta, D. Martin, T. & Allen, R. (1995) "Computers and Apartheid"
Computer Science: 201 Final Project: Stanford University Computer Science Department at: http://www-cs-students.stanford.edu/~cale/cs201/index.html .
Hlatshwayo, S.A. (2000). Education and Independence: Education in South Africa, 1658-1988. Westport, CT: Greenwood Press.
Seidman, G. (1999). IS SOUTH AFRICA DIFFERENT? Sociological Comparisons and Theoretical Contributions from the Land of Apartheid. 419.
" Of course the Convention claims that children are a special interest, with the need for special rights, but in the world of public opinion, special interests are too often framed as only benefiting one interest at the expense of others. Acknowledging that the establishment and maintenance of special rights for children is merely the development of further tools for the successful maintenance of an equitable society precludes this pigeonholing, because it frames helping children as a means of helping everyone.
Nonetheless, a potential drawback of using an NGO to work for the rights of the child remains in the fact that focusing on this issue does mean that other specific issues will not be granted the same time and money, but even here one may note that focusing on the rights of the child can actually work towards improving the time and money available for other issues, because once…
"Convention on the Rights of the Child." UNICEF. UNICEF, 3 June 2011. Web. 21 Nov 2011.
United Nations. Office of the High Commissioner for Human Rights. Convention on the Rights
of the Child. 1990. Print. .
During the 70's and 80's some of these opportunities were eliminated by the actions of the Burger and Rehnquist courts but habeas corpus actions remain a major problem for both systems and our a source of much acrimony. In 1996, Congress amended the federal habeas corpus statute in order to provide some clarification as to how habeas corpus was to be applied and interpreted nationwide.
XI. The Eleventh Amendment and State Sovereign Immunity
Litigation occurring under the 11th Amendment attempts to reconcile two competing ideas: 1) state sovereign immunity which assumes that a state is immune from suit unless it consents to be sued, and 2) the power of the federal government that assumes that the states are subsidiary sovereigns to the federal system. Interpretations of the 11th Amendment have varied throughout the history of decisions on said issue but, presently, are a bar to unconsented suits by private citizens…
Jay's legal considerations are several. On some of those issues he is on firm legal standing while on others he should reconsider his position. The first issue facing Jay is how he should resolve the payment of the $15,000 contract payment that Westside Construction Group was promised by Jay in the event that project was completed by March 1. Ordinarily, the terms of a contract are unalterable once agreed upon but the situation presented between Jay and Westside are different and present an exception. The parties' original contract called for the contract to be completed by March 1st so the new contract involving the Port Torrens Football Club does not mark a new completion date but WCG's guarantee of completion provides WCG the capacity to contract with Port Torrens that otherwise they may not be able to do. WCG's assurance, through Tom, makes Jay's contract with Port Torrens a reality…
Air Great Lakes Pty. Ltd. v. KS Easter (Holdings) Pty. Ltd., 2 NSWLR 309 (Supreme Court of New South Wales 1989).
Brereton, P.L. (2007). Equitable Estoppel in Australia: The Court of Conscience in the Antipoded. Sydney: Australian Law Journal Conference.
Bressan v. Squires, 2 NSWLR 460 (Supreme Court of New South Wales 1974).
Chapple, L. (2002). Corporate Authority and Dealings with Officers and Agents. CCH Australia Limited, 1-192.
Constitution provides depicts what is necessary to amend the Constitution. Either two-thirds of both Houses of the Congress, or an application by the legislatures of two-thirds of the several States, can call for a convention proposing amendments to the constitution. Ratification requires that the Legislatures of three fourths of the several states or Constitutional conventions in three-fourths of the states approving the ratification of those amendments. herefore, the Founding Fathers simultaneously ensured that the Constitution would be a living document, while also taking steps to preserve the Constitution and make it somewhat invulnerable to the changing whims of people.
he Founding Fathers appear to have had some trepidation about the idea of changing the Constitution. After all, the Constitution was the result of literally years of debate. It was not the first document to govern the former colonies after gaining independence from Great Britain, and the first system proved untenable.…
Texas v. Johnson (1989)
In Texas v. Johnson, the Court took a significant, but very controversial, step to protect the freedom of speech in the United States. The underlying facts of the case are problematic for many people, and the case made it clear that First Amendment guarantees are meaningless unless they protect those whose views are repugnant to the majority of Americans. Gregory Johnson participated in a political demonstration during the 1984 Republican National Convention in Dallas. During that demonstration, he poured kerosene on and burned a stolen United States flag. He was charged with and convicted of desecration of a venerated object, a Texas statute aimed at preventing just such actions. Johnson's position was that burning the flag was symbolic speech and that, as such, it had First Amendment protections. The State of Texas' position was that it had an interest in preserving the flag as a symbol of national unity and maintaining order, and that both of those interests were more important than Johnson's free speech rights. The Texas Court of Criminal Appeals agreed with Johnson's position and overturned his conviction. The State of Texas then asked for the Supreme Court to review the case.
The Court agreed with the reasoning of the Texas Court of Criminal Appeals. First, it concluded that burning the flag constituted expressive conduct, which made it symbolic speech and brought it under the protection of the First Amendment. The protection of free speech is not limited to the spoken or written word, and the Court had a history of protecting symbolic speech. While determining whether an activity is considered speech may be fact-specific, the facts in the case made it clear that Johnson burned the flag as an act of communication. Moreover, it was an act of political communication, and political speech receives one of the highest degrees of protection under the First Amendment. Texas' desire to create a feeling of unity among its citizens was not a compelling state interest, and burning the flag did not create any type of danger. Therefore, Johnson's activity was protected. Of course, the irony is that, had he been in another country, he would not have had the freedom to protest the country in the same manner that he had in the United States.