...Commercial Powers is described in several different sections that break out the functions and roles of law in business and society. This is enforced by Congress and many different acts have been passed that in addition to the constitution are the basis of the relationship between law, businesses and society. Mostly it is the basis for how business can or cannot be conducted. The foundation of Congressional powers in business fall under what is called enumerated powers. There are many enumerated powers in which are enforced in business. According to University of Phoenix The Legal Environment of Business: A Managerial Approach: Theory to Practice (2011), “The primary authorization of Constitutional powers is given to Congress under Article I. 2 Congress has enumerated powers in 18 different clauses. The powers that generally impact business owners and managers include (1) the power to regulate commerce ( Commerce Clause ); (2) taxing the citizenry and commercial entities and spending government funds (tax and spend provisions); (3) bankruptcy, patents, and copyrights; and (4) a more general implied authority to make all laws necessary for carrying out its enumerated powers (Necessary and Proper Clause ).” First this explains that Congress has an influence in businesses on how they produce, ship, sell etc. This is a power that comes from the Commerce Clause where Congress can regulate among several states. Congress is able to pass laws when interstate commerce is affected....
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...were in the Bill of Rights, that were used to achieve social policy. My objective is to identify several hot-button social policies that are routine topics of debate in our country, such as: social welfare, gun control, and voter's rights. Body. The U. S. The constitution states in Article I, section 8: The people of the states empower the Congress to expend money (for the enumerated purposes listed in Article I, section 8), provided it is done in a way that benefits the general welfare of the whole people (Social Welfare). Thomas Jefferson stated that the intent of the Amendment was to limit the...
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...American Government FEDERAL POWERS VS STATE POWERS Based on what I have gathered in the lectures Federal Powers are based on more of a national agreement as a whole with declaring what national laws that needs to be made. For instance declaring war as well as raising and maintaining the army and navy. Federal Powers also made laws to enforce the Constitution, and implying powers based on the elastic clause powers that were considered “necessary and proper” for carrying out the enumerated (or express) powers. Based on my research with what I learn through the lecture and web browsing and example of the elastic clause was back in 1791, Federalists in Congress argued that the creation of a national bank was “necessary and proper” for Congress to execute its enumerated powers to coin and borrow money and regulate currency. McCulloch v. Maryland (1819) confirmed Congress’s right to found this national bank. Then we have our three branches that help divide federal powers responsibilities which are the executive branch were the president implements the laws, the legislative branch were the Congress makes the laws, and the judiciary branch where the court system interprets the laws and decided legal controversies. Whereas, the State Powers Exercise powers neither delegated to the national government nor prohibited from the states by the U.S. The lecture used example like being able set legal drinking and smoking ages. State Powers also focused on establishing local governments...
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...When it comes to McCulloch v. Maryland, I would have adopted Jefferson’s position on a national bank because he argues that the Bank Bill is beyond the powers of Congress. He argues that no such power is granted by five clauses: 1. The Taxing Clause, 2. The Borrowing Clause, 3. The Commerce Clause, 4. The General Welfare Clause, and 5. The Necessary and Proper Clause. The Taxing Clause states, “The Congress shall have Power to lay and collect Taxes… to pay the debts … of the United States.” Jefferson argues that a power to lay taxes for purpose of paying the debts of the United States, but that no debt is being paid by this bill and that taxes are being laid. The Borrowing Clause states, “Congress shall have Power… to borrow Money on the credit...
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...the problem did not have a solution then things would be different in today’s world. The weakness that the Constitution addressed in the Articles of Confederation were Congress did not have enough power under the Articles. They could not raise an army, collect taxes, regulate trade between states or foreign trade, and force states to follow laws. The way they address it was that the constitution gives congress enumerated powers. Enumerated is a power that is specifically listed. An example for it is that congress has the power to raise taxes. Another way the address the problem was that the constitution also gives provides the congress with wiggle room. General welfare clause says that congress has the power to make laws that provide for the well being of its citizen.. Necessary and proper clause – congress has the power to make laws necessary and proper to enact enumerated powers. The other weakness was that the states had more power in the national, central, federal government. Federalism - The US constitution divides power between the Federal/National government and state government. Some powers are given specifically to the federal government (declare war and make treaties). Those are called Delegated powers. Some powered are shared (raised taxes). Those are called reserved powers. The other solution was the supremacy clause. The supremacy clause says that te US constitution is the supreme law of the land. The states cannot make laws that conflict with laws in the constitution...
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...The phrase “promote the general Welfare” was introduced in the Articles of Confederation, the first written constitution of the United States. The Articles were successful in outlining the basic values of the new nation, but they failed to give Congress a binding power over the states. In short order, various special interest groups which were not representative of the general populace and their interests were able to gain the support and funding of their state governments, and Congress could not intervene. Recognizing these failings, the founders looked to put in place a central government that would have the power to enforce laws and speak on behalf of the entire nation while maintaining limitations on the government’s powers. When the...
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...Republic The power of the US federal government, relative to the power of the states, has increased since the ratification of the Constitution in 1791. Describe how the provisions within the Constitution pertaining to the ‘power to tax and spend’ (Art.1, sec.8, pt.1) and the ‘commerce clause’ (Art.1, sec.8, pt.3) have been used over time to expand federal power and thus the power of the President. “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” (Declaration of Independence, n.d.). Taken adapted from the scholar John Locke’s “Life Liberty and Estate” in his text the ‘Second Treatise of Government’, (Locke, J. 2005) and incorporated into the United States declaration of independence. Much has been said on the influence of Locke, on Thomas Jefferson during the drafting of the United States declaration of independence, such as was argued by McKay, (2005 pp. 44) . However, where Locke emphasized the importance of procuring and maintaining a limited government, it appears his influences on the political foundation of the United States drew to a halt here. As we are now bearing witness, to one of the most rapidly expanding government institutions in western liberal democracy. In this essay, I intend to discuss how the expansion of federal government power has increased exponentially, all the while power at the state level...
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...documents, designation of a person in charge, the power of veto, impeachment and the division of government. There is also historical evidence that some of the founding fathers were in direct contact with the Iroquois people. Freedom of speech, religion and press have been controversial issues for many years. That is why a preamble was part of both constitutions. The inclusion of a preamble is vital in both documents. The Iroquois used symbolism,” Five bound arrows symbolize our complete union. ... We have tied ourselves together in one head, body, one spirit and one soul to settle all matters as one” both preambles highlight the importance of unity and liberty. Antifederalists were concerned with protecting individual’s rights and fought for the inclusion of a Bill of rights to our constitution. That is why our constitution reads; “We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our posterity, do ordain and establish this Constitution of the United States of America. (26) Nonetheless both preambles highlighted the vitality of liberty and unity in a nation. Another minor similarity in the structure of both documents is the fact that the laws in the Iroquois constitution are enumerated and the articles in our constitution are also enumerated. The role of a leader is very important, they must...
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...the power to regulate interstate commerce is reserved for the federal government. Clarified the commerce clause Unitary system: central government has main power. Most national governments are unitary. Contrasts with federal system Block grants: federal grants given to states or communities to fund programs for community development and social services. Provide money for general programs rather than specifics. Conditions of aid: rules connected to grants states receive from federal government. States must follow the conditions to receive aid. Dual federalism: National and state governments have separate spheres. States can function without interference from federal government. Grants in aid: Federal grants given to states...
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...Responsibilities of Local Government Unit * the giving of allotments and grants by the national government (NG) to local government units (LGUs) * sharing of taxing powers between the NG and the LGUs, and among LGUs units * policy on tax rates and structure * revenue and expenditure planning * revenue utilization and expenditure allocation * monitoring and approval of budgets, tax ordinances and other fiscal measures * policy on borrowing and borrowing instruments * appointment and supervision of local fiscal officers Fundamental Principle * No money shall be paid out of the local treasury except in pursuance of an appropriations ordinance or law * Local government funds and monies shall be spent solely for public purposes * Local revenue is generated only from sources expressly authorized by law or ordinance, and collection thereof shall at all times be acknowledged properly * All monies officially received by a local government officer in any capacity or on any occasion shall be accounted for as local funds, unless otherwise provided by law * Trust funds in the local treasury shall not be paid out except in fulfillment of the purpose for which the trust was created or the funds received * Every officer of the local government unit whose duties permit or require the possession or custody of local funds shall be properly bonded, and such officer shall be accountable and responsible for said funds and for...
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...Federalism 1. Protecting Liberty 2. Moderating the Power of Government 3. Strengthening the Union B. The Powers of the Nation 1. Enumerated Powers 2. Implied Powers C. The Powers of the States II. Federalism in Historical Perspective A. An Indestructible Union (1789–1865) 1. The Nationalist View: McCulloch v. Maryland 2. The States’ Rights View: The Dred Scott Decision B. Dual Federalism and Laissez-Faire Capitalism (1865–1937) 1. The Fourteenth Amendment and State Discretion 2. Judicial Protection of Business 3. National Authority Prevails C. Toward National Citizenship III. Federalism Today A. Interdependency and Intergovernmental Relations B. Government Revenues and Intergovernmental Relations 1. Fiscal Federalism 2. Categorical and Block Grants C. Devolution 1. The Republican Revolution 2. Devolution, Judicial Style IV. The Public’s Influence: Setting the Boundaries of Federal-State Power Chapter Summary The foremost characteristic of the American political system is its division...
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...OUTLINE CHAPTER ONE: INTRODUCTION A. Introductory Statement B. Statement of the Problem C. Significance of the Study D. Theoretical Framework E. Scope and Limitation F. Review of Related Literature CHAPTER TWO: JOHN RAWLS PHILOSOPHY A. Biography of John Rawls CHAPTER THREE: PHILIPPINE TAXATION A. Concept of Taxation B. Nature of Taxation and Its purpose C. Concept of Income Taxation D. Purpose of Taxation E. Current Uses of Taxation CHAPTER FOUR: SOCIAL JUSTICE IN TAXATION A. Social Justice B. Principles of Justice C. Well Ordered Society D. Original Position E. Veil of Ignorance F. Civil Disobedience CHAPTER FIVE: CONCLUSION CHAPTER ONE: INTRODUCTION A. INTRODUCTORY STATEMENT The works of John Rawls was basically centered on justice as depicted on his work “Theory of Justice” and “Political Liberalism. John Rawls is considered to be one of the most influential philosophers during his time as he specialized in the concept of justice and fairness as a tool for attaining social justice in the society. His works received various criticisms since it may be viewed as unrealistic but though it may be criticized, his works are one of the influential and most bought book and already translated in various language to be used as curriculum in philosophy classes. Rawls differentiate the concept of justice and fairness as he tried to show that the idea of justice is fairness and...
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...1. U.S. Constitution: the law of the land for the United States. It was ratified back in 1788 by the states. 2. Enumerated powers: certain powers given to the federal government from the states. 3. Checks and balances: a system built into the constitution to stop any branch of the government from becoming too powerful. 4. Supremacy clause: the clause of the U.S. constitution which establishes that the U.S. constitution and federal treaties, laws, and regulations which trumps all other laws here in the U.S. 5. Preemption doctrine: the concept that federal law takes superiority over state and local law. 6. Commerce clause: A clause of the U.S. constitution that grants Congress the power to regulate commerce with foreign nations, and among states, and with Indian tribes. 7. Interstate commerce: commerce that moves between states or that effects commerce between states. 8. Police power: power that permits states and local governments to create laws that protect or promote the public health, safety, morals, and welfare. 9. Unduly burden interstate commerce: a system which says that states may create laws that protects or promote the public health, safety, morals, and general welfare, as long as the laws don’t burden the interstate commerce. 10. Bill of Rights: The first 10 amendments to the constitution, which were added to the U.S. constitution in 1791. 11. Establishment Clause: a clause to the first amendment that prevents the government from either establishing...
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...THE LOCAL GOVERNMENT CODE OF THE PHILIPPINES BOOK I GENERAL PROVISIONS TITLE ONE. − BASIC PRINCIPLES CHAPTER 1. − THE CODE, POLICY AND APPLICATION SECTION 1. Title. − This Act shall be known and cited as the "Local Government Code of 1991". SECTION 2. Declaration of Policy. − (a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self−reliant communities and make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the national government to the local government units. (b) It is also the policy of the State to ensure the accountability of local government units through the institution of effective mechanisms of recall, initiative and referendum. (c) It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations with appropriate local government units, non−governmental and people's organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions. SECTION 3. Operative...
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...Articles of Confederation. After vigorous debate, the delegates realized the Articles were too weak to support economic prosperity nor provide for public safety. Thus, the delegates underwent a new task: the creation of a brand-new Constitution. A brand new Constitution presented the delegates with a new point of contention. The fifty-five men would have to create a new Constitutions strong enough the support a nation’s economic prosperity, public safety, and so forth without allocating the new government power that did not squint towards a monarchy. Realizing this challenge divided the convention into a plethora of different opinions. These competing opinions could largely be grouped into two factions; the federalist and the anti-federalist. An Overview: Federalist v. Anti-Federalist...
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