...is and enacted constitution given by the convention in Philadephia and officially adopted on March 4, 1789. (III)SOVERIGNTY OF THE PEOPLE: the preamble of the U.S. Constitution laid emphasis on the sovereignty of the people. It starts with the words. "We the people of the United States". Which clearly indicated the soverignty of the people. (IV)SUPREMACY OF CONSTITUTIONAL LAW: The Constitution of U.S. is the basic law of the country to quote Constitution itself. "This Constitution and the laws of the United States which shall be made in pursuance there of ............ shall be the Supreme Law of the land. (V)CONVENTIONS: Conventions played an important role in the development of the Constitution and they are also the basic featur of the U.S. Constitution e.g. the growth of the cabinet of the American President is the result of convention. (VI)RIGID: American Constitution is a rigid Constitution because requires a special procedure to amend it. Every amendment, which can be moved in two different ways, must be ratified by the three-fourths of the state will be and elected one. (VII)REPUBLICAN: The U.S. Constitution guarantees to every state a republican form of Government the head of every state will...
Words: 1171 - Pages: 5
...corruption between the two chambers, while also...
Words: 1021 - Pages: 5
...not have complete control, it allows states’ rights to have a higher precedence. For this reason, local power can be maintained while building a stronger more dependable national government which could face many of the common problems of citizens. Federalism also allows involvement from not only the government, but from the people as well. In turn, this system of government brings communities and their citizens closer. Ideally, Federalism should obey its original plan and not alter its way of power. However, under the Necessary and Proper Clause, the government has the power to create new laws that they find “necessary and proper” for their people. Although this may seem like a beneficial plan, it also has the ability to backfire on the government and the people who live under their power. When the government enforces these necessary and proper laws, some citizens may feel the newly passed law will negatively affect the community, while others may praise the government for passing it. The primary reason for this conflict is because no two people will ever have the same opinion at the same time on a certain...
Words: 1558 - Pages: 7
...progress past some deeply imbedded issues. Today in the United States, we are at the center of attention for a social movement that is quite literally, a physical movement. Illegal immigration from Mexico and South American countries continues to be one of the most controversial and debated matters of public policy. The United States allows for an annual limit of roughly 675,0001 immigrants to legally enter our borders, which is extremely conservative relative to other countries. This very limited number forces the majority of immigrants from south of the border to either enter completely illegally, or overstay a temporary work visa issued by our government. While dealing with these illegal aliens serves to be a contentious problem by itself, an even more pressing issue rises to the surface when debating the rights of their children. Thomas Humphrey Marshall described the evolution of citizenship from civil, to political, and finally to social. This idea of social citizenship explained the governmental rights that citizens were guaranteed, “to live the life of a civilized being.”2 The two institutions “most closely connected with it are the educational system and social services.”2 Although speaking about Great Britain in the 18th, 19th, and 20th century, Marshall’s points on citizenship, specifically with regards to what he calls social citizenship, are very relevant to the children of illegal immigrants in the United States today. There is very little debate that immigrants...
Words: 4357 - Pages: 18
...------------------------------------------------- Technical Support * ------------------------------------------------- Announcements * ------------------------------------------------- Other Courses * ------------------------------------------------- Logoff * ------------------------------------------------- Web 2.0 Tools | | | Exam: 04.20 Midterm Exam52Score: 52 of 100 pointsInstructions: You are about to enter a TIMED EXAM! You have 50 minutes to complete this exam. One point will be deducted for each minute you go over the allotted time. Once you enter the exam, you cannot stop the clock.Answer Key------------------------------------------------- Top of FormQuestion 1 (Worth 2 points)Which of the following statements about states� ratification of the Constitution is best supported by the information in the graph?------------------------------------------------- New Jersey had the most delegates reject the Constitution.------------------------------------------------- Pennsylvania delegates tend to reject more often than Delaware delegates.------------------------------------------------- In 1787, the maximum number of delegates to reject the Constitution was...
Words: 3358 - Pages: 14
...delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public welfare, intra-state commerce. Example of police powers: Gonzales vs Raich (2005) and California Medical Marijuana. The parts and relevance of the "Triad of Powers" • Interstate commerce clause • General welfare • 10th amendment – non-delegated powers go to the states Federalism between states (i.e. full faith and credit and privileges and immunities clause, original...
Words: 37488 - Pages: 150
...MANU/SC/0241/2007 Equivalent Citation: 2007(2)ALT1(SC), JT2007(2)SC1, (2007)3SCC184, [2007]1SCR317 IN THE SUPREME COURT OF INDIA Writ Petition (Civil) No. 1 of 2006, Transferred Case Nos. 82 to 90 of 2006 and Writ Petition (C) No. 129 of 2006 Decided On: 10.01.2007 Appellants: Raja Ram Pal Vs. Respondent: The Hon'ble Speaker, Lok Sabha and Ors. Parameter of judicial review in relation to exercise of parliamentary provisions Hon'ble Judges/Coram: Y.K. Sabharwal, C.J., K.G. Balakrishnan, C.K. Thakker, R.V. Raveendran and D.K. Jain, JJ. Counsels: For Appellant/Petitioner/Plaintiff: Ram Jethmalani, P.N. Lekihi, T.R. Andhyarujina, Sr. Advs., Krishan Singh Chauhan, Indra Pratap Singh, Gyan Mitra, Chand Kiran, P.K. Jayakrishnan, K.C. Lamba, Sudha Pal, V.K. Shukla, Nischal Kumar Neeraj, Ashish Tripathi, K.K. Mohan, Nawal Kishore Jha, M.P. Jha, Harshvardha Jha, Ram Ekbal Roy, Rani Jethmalani, Harish Pandey, Samar Bansal, Abhik Kumar, P.R. Mala, Rajiv Kumar Tiwari, Rajesh Kumar, Sanjai Tiwari, Lata Krishnamurthi, Sachin Jain, Mukesh Kumar Tripathi, Lokesh Kumar, M.K. Garg, Meenakshi Arora, S. K. Mehndiratta, Pranav Sen, S.W.A. Qadri, Mahra, R.M. Sharma, Sushma Suri, Advs., Gopal Subramanian, ASG., Dayan Krishnan, Gautam Narayan, Satyakam, T.S. Murthy, Raghenth Basant, Aman Ahluwalia, Arunav Patnaik, Abhishek Tiwari and D.S. Mahra, Advs. Subject: Constitution Acts/Rules/Orders: Constitution of India (Forty-fourth Amendment) Act, 1978 - Section 15, Constitution of India (Forty-fourth Amendment)...
Words: 122434 - Pages: 490
...Abstract The present paper is an analysis of the Antitrust law in Italy, and its relation with the conflict of interest. In this paper I have given a general introduction to the development of the Antitrust Law in the United States, and consequently in Europe and finally in Italy, and how it regulates the conflict of interest. It is mainly divided in three parts. The first part is an introduction, I have given a definition of what is a Trust, according to the Common Law, then I have explained how the corporate trusts were formed in America, and how and why the Antitrust Legislation was born, and how it has evolved. Therefore, I have discussed about the influence of the American Antitrust Law on the on the European Legislation covering this matter. In the second part, I have discussed about the Italian Antitrust Law, the monopoly of state and task of the Italian Competion Authority. In the third part, I have explained what is a conflict of interest and how the Italian Antitrust Law try to regulate it ( Frattini Law). At the conclusion I have mentioned some cases of conflict of interest in Italy, such as the one of the former Prime Minister Silvio Berlusconi, and how the former has not yet been solved. Keywords Trust, Antitrust Law Competition Authority Conflict of interest Frattini law Introduction Overview on the Antitrust Law in America and Europe The trust,definition Originally, a trust, in the Common law, is a relationship whereby property is held by one party for...
Words: 4447 - Pages: 18
...as the Cypriot Republic, is almost exclusively populated by denizens whose ethnic identification is classified as Greek. The northern third of the island, occupied by self-avowed Turkish Cypriots, recognizes itself as the Turkish Republic of Northern Cyprus. The only other country in the world that recognizes the TRNC is Turkey, while the Republic of Cyprus is recognized internationally. While the international community recognizes the Republic of Cyprus as having jurisdiction over the island as a whole, in fact the Republic’s authority stops at the green line, a fact which has led at a number of confusing international issues, including Cyprus’ and Turkey’s EU accession bids. The Beginnings of Cypriot History Cyprus is an island state that has only recently achieved sovereignty. Inhabited for well over two thousand years, it has a four hundred year colonial history of shared culture, language, and mores between the Turkish and Greek Cypriots that populate its scenic mountains, plains, and beaches. These shared mores and sense of culture will prove essential to my discussion of how to best address the current conflict between Greek and Turkish Cypriots. The island’s strategic location approximately 40 miles south of Turkey and 400 miles east of Greece in the Eastern Mediterranean, at the crossroads of three continents, coupled with its expansive coastline and small size (approximately 3,572 square miles), has historically made it an...
Words: 11014 - Pages: 45
...However, the FMLA does not preempt a state statute from providing more generous leave rights and benefits (Decker 93). Refer to Appendix “B” for the full list of the states which mandate employers provide family/medical leave to employees as well as eligibility requirements for specific states. Although there is state legislation in place for the majority of the United States, according to Stephanie Bovee’s journal article “The Family Medical Leave Act: State Sovereignty and the Narrowing of the Fourteenth Amendment”, some court decisions have utilized the doctrine of sovereignty, under the Eleventh Amendment of our United States Constitution, to limit the ability of private plaintiffs to sue state governments which translates to the impediment of state employees’ ability to sue their employers for FMLA violations (Bovee 1012). This article discusses the Supreme Court’s interpretation of section five of the Fourteenth Amendment of our United States Constitution, and asserts that the majority of the courts do not agree that the FMLA is Fourteenth Amendment legislation. This interpretation means that Congress does not have the authority to repeal state immunity under the FMLA, therefore limiting Congress’ ability to enforce equal protection (Bovee...
Words: 2834 - Pages: 12
...Edexcel AS Politics Edexcel AS Politics ExamBuster 2009 Introduction to Unit 1- People and Politics Understanding the Examination and Exam Technique Choosing your questions In this unit you are presented with four questions. They are of equal value and each question covers one of the four sections of the specification. These are: Democracy and political participation Party policies and ideas Elections Pressure groups There is no significance to the order in which questions appear. Each question is divided into three sections (a), (b) and (c). When choosing which questions to do, the following principles are recommended: It is almost certain that you will be better off choosing your strongest question to do first. You should choose questions on the basis of how well you can answer the section (c) part. The (c) part carries 25 of the 40 marks available for the whole answer. Do not choose a question simply because you can do part (a) especially well. The (a) question is only worth 5 marks. It would be illogical to choose your strongest (a) part if you cannot do well on section (c). If you cannot decide between several (c) parts, i.e. you can do more than one equally well, make your choice on the basis of part (b) which carries 10 marks. But remember, it is the (c) parts that will determine most what your overall mark will be. So, when you first look at the exam paper, look at the (c) sections first. Assessment Objectives Each question is divided into three sections,...
Words: 51996 - Pages: 208
...wage has taken on a fever pitch in Congress this year, regardless of the fact that there is not a widely accepted empirical economic study suggesting it is the correct policy to assist the working poor. This paper consists of research conducted by the author from both the government activist and laissez-faire positions. In addition to the list of works cited at the end of this paper, several public policy institute web site were reviewed for pertinent material. These sites include: the Heritage Foundation, American Federal of Labor-Congress of Industrial Union (AFL-CIO), Employment Policies Institute and the Economic Policy Institute. Before the passage of the Fair Labor Standards Act (FLSA) of 1938, several attempts were made at the state level to institute a minimum wage floor. In the early 1900’s, women were not allowed to join labor unions nor did they have the right to vote. Early...
Words: 3439 - Pages: 14
...Journal of Intellectual Property Rights Vol 18, September 2013, pp 457-464 Piracy in the Internet Age Nikita Hemmige† ILS Law College, Law College Rd, Pune 411 004, India Received 17 December 2012, revised 12 August 2013 The Internet has created boundary-less territories and has helped in evolving a unique method to share and transfer information, growth of e-commerce and in creating a global platform for all nations and its citizens. Online piracy is a major flipside to this development. Rampant intellectual property (IP) infringements by way of unlawful reproduction and unmonitored downloads is a matter of concern. It is significant to take note of the laws that various countries have enacted and enforced in order to curb or at least regulate online piracy and related activities. Further, though the Copyright Act, 1957 and Information Technology Act, 2000 in India deal with certain facets of piracy, they do not conclusively deal with this menace. It is the need of the hour for India to draft and enforce laws which will address the current problem and also take into consideration the technological advancements that are likely to give rise to more of such complex issues. Formulating such a law in the near future will be a welcome change and will definitely give India the IP advantage. Keywords: Online piracy, copyright infringement, jurisdictional barriers, Internet laws, intellectual property The Internet has become the first port of call for anyone in search...
Words: 6024 - Pages: 25
...NEW YORK UNIVERSITY SCHOOL OF LAW JOURNAL OF INTERNATIONAL LAW AND POLITICS GUIDE TO FOREIGN AND INTERNATIONAL LEGAL CITATIONS FIRST EDITION ● 2006 © Copyright 2006 by New York University Contents FORWARD AND GENERAL INSTRUCTIONS................................................................................................. xiii ACKNOWLEDGEMENTS ......................................................................................................................................xv COUNTRY CITATION GUIDES ARGENTINA...............................................................................................................................................................1 I. COUNTRY PROFILE ..................................................................................................................................1 II. CITATION GUIDE.......................................................................................................................................2 1.0 CONSTITUTION...................................................................................................................................2 2.0 LEGISLATION......................................................................................................................................2 3.0 JURISPRUDENCE ................................................................................................................................3 4.0 BOOKS .....................................
Words: 102405 - Pages: 410
...UNIT ONE INTRODUCTION TO CIVIC AND ETHICAL EDUCATION 1. INTRODUCTION 2. MEANINGS OF CIVICS AND ETHICAL EDUCATION The Notion of Civics The subject field of civics originates from the nature of human being itself i.e. from the natural behavior and level of interaction of human beings it self. One basic nature of human beings related with this statement is the fact that “man is a social animal” whose life is closely related to each other. Almost all instincts, demands and progresses of human beings are fulfilled in society. The superiority that human beings try to achieve over nature and other living things is the result of the social bond among human beings. If such bond is a requirement for the survival of human beings, then what should be the pattern of social interaction that exist among human beings is closely related with the subject matter of civics. In this regard civics is considered as a subject field which is mainly concerned with teaching citizens as to how they can live harmonious and peaceful life with other citizens and as to how they can resolve conflicts peacefully among them selves. The other basic nature of human being is the political view of philosophy by Plato that, “Man is a political animal”, which means no human being can escape from the deeds of politics and its dayto-day life is either directly or indirectly affected by it. For this reason human beings have to know the workings of politics, institutions that affect their day to day life, norms, principles...
Words: 43853 - Pages: 176