...The Commerce Clause: Protector of Trade or Tool for Expanding Government Power? Ever since its inclusion in the Constitution, the Commerce Clause, along with the Necessary and Proper clause, has been a source of debate and contention. Indeed, there were over 1400 cases filed with the Supreme Court challenging its application before the 20th century alone. With the passage of the controversial Affordable Care Act, the Commerce Clause was brought once more to the forefront of national attention. The Obama administration, and other prominent voices on the Left, claim that the clause itself gave them broad powers of control and regulation. Those on the Right claim that the clause was put into place specifically to limit the influence of the Federal government on the power of trade between the states. The question is clear: does the Commerce Clause truly grant unlimited power to expand the Federal government through regulation, or has it been abused by those in the Federal government off and on since its inception? I will attempt to answer this question by examining first the Clause itself, the Federalist Paper written by James Madison (the father of the Commerce Clause) and then the Supreme Court cases which have called it into question. Let us begin by examining the wording of the Commerce Clause (along with the Necessary and Proper clause) itself: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the...
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...A. Underline the adjective clause in each sentence. Circle the noun or the pronoun that the adjective clause describes. 1. He doesn't like anything that has olives in it. 2. They will call someone who can help them. 3. That's something that I find hard to believe. 4. It's hard to believe anything that she says. 5. You should ask someone who knows how to do it. 6. There is nothing that you can do. 7. Nothing that I did worked. 8. Everyone who attended the party liked the cake. 9. There's something that I need to tell you. 10. I'll talk to anyone who is interested about the business B.Underline the adverbial phrase. 1. We expect our grandparents to arrive in about an hour. 2. My cousin watches television almost as much as you do. 3. The weatherman says it will rain all day. 4. Your brother plays soccer better than my brother does. 5. Our friend drives on Mondays. 6. Stacy and Nancy will walk on the sidewalk. 7. The snake slithers through the tall grass. 8. Mom combs my hair more gently than Dad does. C.Pick out the adjective phrase or adverb phrase from the following: 1.The magician with his rabbit entertained the crowd. 2.With the rabbit, the magician entertained the crowd. 3.During the storm we were quite frightened. 4._ The noise during the storm frightened us. 5.Some information in this book helped me with my report. 6.Sean left his pencil in this book. 7. We found the missing coins on the track. 8.The shoes on the track are Roberta's. 9.The news...
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...minimum level of coverage, unconstitutional under the Commerce Clause, but stands under taxing method. I personally view that this PPACA is constitutional under Commerce Clause. The majority opinion in the decision is delivered by Justice Roberts in the following points. The majority opinion held that the government’s theory of controlling cost-shifting by increasing supply is invalid because it gives Congress unlimited power to make decisions for individuals who choose not to do something. In Wickard v. Filburn, the court rejected the farmer’s argument that growing wheat for “home consumption was beyond the reach of the commerce power” on the ground that the “aggregate effect of similar decision will impose a substantial effect on the interstate market for wheat” (Sebelius). If we apply the same logic of buying insurance in Wickard, Congress can also order people to buy more wheat to support the price of wheat. The majority opinion argued that tt might make more sense for Congress to order people to buy more vegetables because the aggregate effect of Americans not eating a balanced diet is more significant than that of people living without health insurance. The argument of forcing people to make the right decision for the greater good overrides the power under the Commerce Clause. The Commerce Clause gives Congress power to regulate activities but not compel it. Wickard falls under the Commerce Clause because the wheat farmer is actively engaged in wheat market,...
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...Argument A. Congress has the authority to regulate John Doe’s company because the supplement, NZT-48, substantially effects interstate commerce. Commerce Clause jurisprudence established that Congress’s power to regulate “instruments of interstate commerce inherently embraces the right to control all matters having such a close and substantial relation to interstate traffic.” United States v. Lopez also sets a qualification of the substantial effects test that limits the application of that test to economic activity. The Courts in Lopez maintained the distinction between federal and state authority under the Commerce Clause from the substantial effects test by erecting the distinction between economic and noneconomic activity. Economic concerns...
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...consider using non-competes to protect themselves from employees who can walk out the door with their trade secrets. Many businesses today require employees to sign non-compete clauses when hired to protect the company, but it can have many negative effects for the employee as well. Non-Compete Agreements are contracts between an employer and employee. Employees promise not to take what they learn while working for you and use it against you while working for a competitor. A typical non-compete agreement states the employee agrees not to work for rivals, solicit business from current clients, or otherwise compete with you for some period, such as two years, after leaving your company. Key principles that almost all states go by when it comes to non-compete clauses are reasonableness rule, independent consideration, duration, distance, blue pencil rule, and liability for new employers.(lawyers.com) All of this is done so that way the company is protected from anyone trying to steal important trade secrets to share with their new employer. The company that I currently work for has a non-compete clause. It states that I cannot work for another payday loan company one year from the date of termination and I cannot open a similar company in any town in the state that I work. There is even a part in the clause to where you could not open, manage, operate, finance, or even be associated with another...
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...The Commerce Clause and its Effects on Business Commerce Clause is defined in the glossary of our text as provision in the U.S. Constitution controlling the regulation of intrastate, interstate, and foreign commerce and delineating authority for such regulation. (Business, p.G-4) Article 1, Section 8, Clause 3 of the Constitution empowers Congress “to regulate Commerce with foreign Nations, and among several States, and with Indian Tribes.” The term commerce as used in the Constitution signifies business or commercial trades in any and all of its usages between citizens of different states, including purely social communications between citizens of different states by telegraph, telephone, or radio, and the mere passage of persons from one state to another for either...
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...HANOI UNIVERSITY OF INDUSTRY FACULTY OF FOREIGN LANGUAGES ---------- GRADUATION PAPER B.A DEGREE IN ENGLISH A CONTRASTIVE ANALYSIS BETWEEN NOMINAL CLAUSE IN ENGLISH AND VIETNAMESE EQUIVALENTS Supervisor : Nguyễn Thị Hưởng, MA Student : Đặng Thị Thơi Student ID : 0541180107 Group : ĐHTA2 – Intake 5 Hanoi, May, 2014 DECLARATION I certify that no part of the report has been copied or reproduced by me from any other person’s work without acknowledgement and that the report is originally written by me under strict guidance of my supervisor. Date of submitted: May 05, 2014 StudentĐặng Thị Thơi | SupervisorNguyễn Thị Hưởng | | | ACKNOWLEDGEMENTS For the accomplishment of this study, I have received a great deal of support and assistance from many dedicated individuals. First of all, I would like to express my faithful and deepest thanks to my supervisor, Mrs. Nguyen Thi Huong (M.A) for her useful references, excellent advices and readiness during my study process. Secondly, I would like to show my gratitude to all teachers at Faculty of Foreign Language, Hanoi University of Industry for their support during the time of the course. I want to thank all linguists and grammarians whose researchers have been quoted in this study. My thanks also go to my beloved family and my friends who always stand by my side and encourage me from my reparation until the completion...
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...BUSI - 3004 – 1 Application Week 5 4/03/2013 Head Hunting for Google Google did act in an ethical manner when the company went after the talent of other firms. Going after employees who are already trained and understand the business is key in gaining an advantage over competitors. “Poaching” top talent can backfire if the potential employee being sought after has a contract for a certain length of time or a non-compete clause. This clause makes it difficult for a potential candidate to work for a company that deals in a like form of business. Even though in many places such clauses may not hold up in court it is enough to persuade a person to not take the risk. Existing employees in a relative or like business can be very important in growing a new business. The sought after employee would bring in already “established relationships with customers, suppliers, and channel members” that would help a growing company gain over their competition (Hisrich, Peters, & Shepherd, 2013, pg.424). This is why Google went after top talent like Microsoft’s Dr. Kai-Fu Lee and highly regarded scientist who wanted to leave Microsoft to become president if Google China (Hartley, 2011, pg.107) Going into a competitors turf like Google did with Microsoft shows them that you will not back down from a challenge and that you are willing to take risks to grow the business. The down fall of going after the talent of other companies is that it might interfere with the morale of the...
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...Functional Analysis of Anticipatory ''It'' Lexical Bundles in Political Speeches Abstract This paper investigates a particular structural group of frequent word combinations referred to as ‘anticipatory it lexical bundles’. Lexical bundles are words formed that often co- occur in longer sequences. They are not idiomatic or structurally complete, but the sequences are building blocks in discourse and are so common and recurrent that the readers and listeners should pay much attention to them. The paper aims at showing and exploring structures and functions of the 'anticipatory it lexical bundles' presented in political speeches. This paper adopts Hewings and Hewings's categorization of interpersonal functions of 'anticipatory it lexical bundles'. Furthermore, the present investigation scrutinizes the interpersonal functions of 'anticipatory it lexical bundles' in the discourse of political speeches delivered by British politician 'Margaret Thatcher'. The structural and functional types of 'anticipatory it lexical bundles' found in the speeches under analysis are described and compared. The main finding of this paper indicates that there are two main interpersonal functions of lexical bundles that dominate in this domain: attitude markers and emphatics. 1.1 Lexical Bundles Lexical bundles, as a particular and relatively recent category of word combinations with a possibly formulaic status (Biber and Barbieri, 2007: 263), are coined and...
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...Stylistics Task 2: Adoption (written language): There is some fairly long clauses and sentence, there is a lot more facts and things that is important to know. There are few repetitions, a varied vocabulary and a bigger and more nuanced vocabulary. Correct grammar and hole words instead of abbreviation. There are also many subordinate clauses and it is complete sentences. Basketball (spoken language): In this text they use short sentences, it is like they are talking to a friend - Daily life vocabulary, "incorrect" grammar. Few subordinate clauses and unfinished sentences with a lot of repetitions. The word "and" -> listings, is one of the most used words in spoken language. There are also many contractions (e.g. it´s). Task 14: In your essay you need to use written language. You use to many contractions e.g. It´s, try to use it is instead. “ But Jesus in heaven there sure are issues”, try not to write like you are talking to a friend. But I think that it is good that you use some fairly long clauses and sentence, and you are not using the word ”and” to often. Task 18: There is one passive sentence in the first letter, and there is zero in the last. I think that it is a harsh tone, he use in both letters. I just think that this should be a conversation, instead of written a letter. A letter is un personal, no matter how bad he´s teaching was, he deserves a conversation and not a letter, So I don’t think he should send any of these two letters. Task...
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...LOGICAL CONNECTORS Adverb Clauses, Sentence Adverbs, Transitions, Conjunctions and Prepositional Phrases Structural Formulas: Adverbial Clause: ADV + SVO, SVO. / SVO ADV + SVO. ADV + Ving, SVO. / SVO ADV + Ving. Sentence Adverbs: ADV, SVO. / S, ADV, VO / SVO, ADV. Transitions: SVO. TRANS, SVO. / SVO; trans, SVO. SVO. S, TRANS, VO. / SVO. SVO, TRANS. Conjunctions: SVO, conj SVO. Prepositional Phrases: PP + NOUN, SVO. / SVO PP + NOUN. (NOUN= Nouns, noun phrases, pronouns, gerund phrases, noun clauses) TIME: Adv.Cl: Until, Till, Up till, By the time, Before, After, When, Once, The moment, Now that, Immediately, Whenever, While, Whilst, As, Just as, As long as, As soon as, Since, Hardly . . . when . . ., Scarcely . . . when . . . , No sooner . . . than . . . Transition: Beforehand, Afterwards, Later, Later on, Then, Meanwhile, In the meantime, From (now/then) on PP: Before, After, Until, By, On/Upon, Prior to, Previous to, Subsequent to, During, For Other: Preceding, Proceeding, Following, Succeeding / Formerly, The former/The latter CONDITION Adv.Cl.: If, Only if, Providing/Provided (that), On (the) condition that, In the event that, Suppose/Supposing (that), As long as, So long as, What if, Even if, Unless, Whether … or (not), Assuming that, In (the) case (that), Given (that) Transition: Otherwise, If not Conj.: Or (else) PP: In case of, In the event of, If it weren’t/hadn’t been for, But for, Without CAUSE (REASON) Adv.Cl.: Because,...
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...JD Lee FYC 13100 Professor Clauss December 12, 2010 A Writing which is emotional, but not illogical at all In 1963, Martin Luther King, Jr., with other fifty-three black people, marched into downtown Birmingham and protested against the unjust racial segregation. However, all the members involved in the march were arrested. In Jail, as a response to the letter written by the clergymen to stop the black’s demonstration, Martin Luther King wrote “The Letter From Birmingham Jail” back to the clergymen. King’s letter longs for the immediate need for non-violent and direct protest against the unjust and immoral segregation laws. The letter itself exemplifies all the aspects of arguments. However, to be little more specific, King’s effective and brilliant employment of ethos and pathos to persuade the audience plays the major role for his effective and remarkable argumentation in this letter. Effectively and successively utilizing ethos, King succeeds not only in disproving the clergymen referring King and his crew as “outsiders” but also in making his arguments more credible. In “Statement by Alabama Clergymen, April 12, 1963”, the clergymen refer Martin Luther King and other 53 black people to the term, “outsiders.” As a response to this, King starts off with the use of ethos in “The Letter from Birmingham Jail” to acknowledge the audience that he is not an outsider, but one of the clergymen in Birmingham Society. He greets the clergymen with the head of the letter...
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...kin31937_ch.02.qxd 10/23/06 2:06 PM Page 11 THESIS SENTENCE TEMPLATES A thesis sentence is a sentence in the introduction that tells the reader what the topic or argument of the essay is. Experienced writers have little difficulty writing thesis sentences. This is because they have read and written thousands of them. You, the emerging writer, don’t have it so easy. So, you have to accelerate the process. You do this via thesis sentence templates. A thesis sentence template is the basic machinery of a thesis sentence, what makes it work. It is like a car minus the hood, the doors, the engine, the side panels, the wheels, and the air conditioner. On that basic structure, thousands of different cars can be built. From a thesis sentence template, thousands of thesis sentences can be constructed. The introduction for any piece of writing is very important. This is where you establish a relationship with the reader. The introduction will always be read, while the body of the paper might sometimes be glossed over (not carefully read) by graders of standardized tests like the SAT® or TOEFL®. ? HOW THE THESIS SENTENCE TEMPLATES WORK Each type of thesis sentence presented in this section is followed by two or three examples of how very different thesis sentences can be written using the template. Then you will write two or three thesis sentences of your own using the template. If you find the template difficult, just do one sentence on your own. But the more you...
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...TOEFL Secrets Your Key to TOEFL Success From the desk of Tom Paulson, Director of Test-Taking Strategy at TOEFL Secrets, May 5, 2002Dear future TOEFL Success Story: Congratulations on your purchase of the most advanced test-taking manual for the TOEFL. Notice I did not say study guide- there are plenty of decent study guides on the market, but that was not our objective in writing this manual. Our goal is to seek and exploit specific weaknesses in the TOEFL assessment, and then share those secrets with our customers. Let’s be perfectly honest here- you’ve worked hard enough in the past, and if you want to spend hours in a study guide to boost your score, that’s a great thing to do. In fact, we recommend at least a brief review of some of the better study guides on the market. But that’s simply not enough to do well in the high-pressure high-stakes environment of the test day. How well you do on this test will have a significant impact on your future- and we have the research and practical advice to help you execute on test day. The product you’re reading now is much more than a study guide- it is a tactical weapon designed to exploit weaknesses in the test itself, and help you avoid the most common errors students make when taking the TOEFL. How to use this manual We don’t want to waste your time. This manual is fast-paced and fluff-free. We suggest going through it a number of times, trying out its methods on a number of official practice tests. First, read through the...
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...or topic which the sentence deals with. To discover the subject, ask who or what before the verb, e.g. in the sentence The house stands on the hill, what stands on the hill? Answer: the house. Examples: The house stands on the hill. It overlooks the plain. PREDICATE The predicate is all of the sentence except the subject. Examples: The house stands on the hill. It overlooks the plain. OBJECT The object is the person, thing or topic upon which the subject carries out the action of the verb. To discover the object, ask who or what after the verb, e.g. the house overlooks what? Answer: the plain. Examples: The house overlooks the plain. I see him clearly. He watches himself carefully. dog walk s in dogs ed in walked In some cases a whole clause...
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