...Running head: FEDERAL DEFENSE OF MARRIAGE ACT (DOMA) ANALYSIS Federal Defense of Marriage Act (DOMA) Analysis Ashanti Craine Northwestern State University Analysis of Contemporary Social Policy Issues SOWK 4350 Professor Sepora Fisher, LCSW April 29, 2013 Abstract The Law plays a prominent role in the everyday life of same-sex couples, continuing regulations and constant policing of sexuality and gender form around every aspect of same-sex couple and their marriage. Defense of Marriage Act (DOMA) a federal law designed to uphold the traditional meaning of marriage which is described as a union between one man and one woman by not recognizing same-sex marriage and taking the option away from the states to make their own decision. DOMA has become a leading problem not just for the same-sex couples who are denied the rights and privileges in which opposite-sex couples are afforded under the federal law, but DOMA has also been called into question for its constitutionality and whether it not only goes against equal protection for American citizens but also legally discriminates against a group strictly based off their gender and sexuality. Federal Defense of Marriage Act (DOMA) Analysis Problems that Necessitate the Policy: Section 2 of DOMA says “no State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting...
Words: 3386 - Pages: 14
...Constitution, thus increasing the risk of tyranny. Consequently, the ACA is not affordable as it penalizes individuals for failing to participate in this federal governmental socialized healthcare system but is also unconstitutional on a number of levels. The Tenth Amendment of the US Constitution was ratified in 1791 and states that “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” (TCC, n.d., p. 1). This concept was reiterated by James Madison who, in Federalist No. 45, wrote: The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State (TCC, n.d.). These passages affirm states’ rights to govern themselves in all matters which are not specifically delegated to the federal government by the Constitution. However, since the...
Words: 1301 - Pages: 6
...government, but the power of the federal government today threatens American democracy. The federal government should grant states more powers to govern themselves. States' Rights advocated the strict limitation of the advantages of the federal government to those powers assigned to it in the Constitution of the United States, and reserving to the several states all other powers not explicitly forbidden them. The government has many important jobs to do that effect the whole nation and the rest of the world, so if they give the states more power they can concentrate on improving the nation and to promote better living. Each state has different needs; it should be up to their governor and the citizens to decide what needs to be done. In McCullouch v. Maryland (1819) the Supreme Court concluded that Congress had the right to establish a national bank as an implied power of Article I, Section 8, because the bank was being used to further Congress' constitutional authority to tax and distribute funds, as provided in Article I, Section 8, Clause 1. The Court also prevented states from taxing the federal government, by declaring Maryland's legislation unconstitutional under the Supremacy Clause of Article VI. Chief Justice Marshall stated that the state's power to tax was the power to destroy competition by taxing it out of existence, which was being used unconstitutionally against the federal government. This ruling is a prime example how the federal government has been given more...
Words: 2145 - Pages: 9
...jurisdiction and therefore could not be brought in that court originally under Art. III b/c it is repugnant to the Constitution * →Supreme Court Authority to Review State Court Judgments * ROL→ The United States appellate power also extends to REVIEW state court judgments * →Judiciary Act of 1789, § 25: Provides for supreme court review of final decisions of the highest state courts rejecting claims based on federal law * Martin v. Hunter's Lessee * →A Virginia citizen willed his Virginia land to his nephew, P, a British subject and resident of England. Virginia, according to state law, had the right to confiscate land owned by British subjects and did so. Virginia granted this land to D, who then ejected P from the land. But, the treaties of 1783 and 1794 with Great Britain had anti-confiscation laws saying that the states won’t take the land of British citizens. Supreme Court exerted its authority to review the Virginia court's judgment and held that Supremacy Clause declares that the Federal interpretation will trump the States interpretation) * Cohens v. Virginia * →SC upheld its jurisdiction to review the validity of state laws in criminal proceedings) * →Judicial Excusivity * ROL→ It is exclusively the court's duty to interpret the constitution and say what the law is; Supremacy Clause makes the Constitution the Supreme...
Words: 12291 - Pages: 50
...applicable federal and state statutes that traditional couples enjoy. With more states legalizing same-sex marriages, it is becoming clearer that this is an issue that cannot and will not go away quietly. The politicians that seek to define marriage as a union between a man and a woman are stating that it is perfectly all right legally to discriminate against American citizens solely on the basis of his or her sexual preference. According to the United States Constitution, it is stated that “all men are equal under the law.” For same-sex couples, it is their right to love who they choose to love and provide for their families and loved ones. Under the current laws and statutes, same-sex couples are not allowed to do so. Marriage equality is rapidly becoming a hot topic on the American political landscape. Some of the rights that same-sex couples face include that same-sex couples are not eligible to file jointly as a married couple and thus cannot take the advantages of lower tax rates when the individual income of the partners differs significantly. Another right that same-sex couples cannot enjoy is that they cannot protect a jointly-owned home from loss because of potential costs of a possible medical catastrophe. Furthermore, they do not have the ability for a U.S. citizen to extend citizenship to a same-sex partner The Human Rights Campaign (2013) website has many interesting facts about this political and social issue. As more federal, state...
Words: 1672 - Pages: 7
...organized some of the largest political demonstrations in American history Anti-draft movement • Protests against the military draft. • 1960s and 70s • only voluntary participation. Many left the country Counterculture • culture with values and beliefs different then the mainstream • 1970s Woodstock • A music festival held in New York in 1969 • the beatles, jimmy hendrix Termination • Reducing size of bureaucracy by cutting programs/agencies - reduce budget • Permanent cuts have been limited. • -Citizens dislike the bureaucracy but benefit from provided services Assimililation • Minority groups adoption of the beliefs and way of life of the dominant culture. National Congress of American Indians (NCAI) • formed to organize tribes to deal in a more unified way with US govt. • 1944 • Respond to the termination threats American Indian...
Words: 1072 - Pages: 5
...The Statesman, The Writer, and the Military Man: How George Washington, Thomas Paine, and Andrew Jackson Helped Construct America’s Identity All of America’s founding fathers contributed greatly to the formation of the United States and helped build this nation through their accomplishments and dedication to making their home a better place for all Americans. But of the 55-plus men whom history has given the name of “founding father,” the contributions of George Washington (1732-1799), Thomas Paine (1737-1809), and Andrew Jackson (1767-1845) stand out for their range of accomplishments, their contribution to critical components of democracy and its identity, and to military achievements that helped form the geography of the place we know as America. For me, this statesman, this writer, and this military strategist serve as the greatest examples of the titans of America we call our founding fathers. George Washington was not only our first president to be elected into office, but he is also notable for being the only president in the country’s history to receive a unanimous vote. Although our nation recognizes many founding fathers, Washington is known as the “Father” of The United States for many reasons — and not solely because he was elected as the first President of The United States in 1789 and unanimously elected again in 1792. His accomplishments before, during, and after his presidency have earned him the title “Father” of the United States. Washington assisted...
Words: 1679 - Pages: 7
...cases discussed in-depth (a.k.a. listed in the table of contents) in the most recent edition of your textbook. Two part questions must be answered separately! 1.) President George Washington the Fourth (a grand-nephew of the first President Washington, six times removed) signed a bill passed by Congress which abolished “The Fed” (the Federal Reserve System). Washington had argued against the system because he said it “promoted inequality by helping concentrate power in the hands of the capitalist elite”. Although agreeing with Washington in principle, a lawsuit was brought by Ichabod Crane, the governor of New York, challenging the dissolution because several years before New York had passed a law requiring The Fed to pay the state a fee equal to 1% of its average currency reserves. If the banking system was abolished New York would lose a valuable revenue stream. MCCULLOCH V MARYLAND Question 1A (15 points): Is the abolition of the Federal Reserve constitutional? Yes, the abolition of the Federal Reserve is constitutional. This is constitutional because he President George Washington the Forth has the...
Words: 1846 - Pages: 8
...Police Department Organization Paper Kathee Kathee CJA/214 November 17th, 2011 Todd Larson The police department is important to community. There are several departments and agencies designed to keep the people safe from drugs, homicide, armed robbery, rape, and many other crimes. There are various acts of violence that take place in America but police are practicing safety precautions to keep our streets safe. In this paper, will be addressing the various types of police agencies at local, state, and federal levels. It will also address the roles and functions of police operations and their role as it applies to the law. Finally, I will identify the major organizational theories associated with policing. There are just under 18,000 law enforcement agencies in the United States. This includes 12,656 local police, 3,061 sheriff’s departments, 49 state police agencies, 1,376 special police agencies, and 45 federal agencies. At the local level, they have municipal police, county police, and county sheriffs. Also there are the constables, coroners, special district police, and the tribal police. Local Police Agencies Municipal police: Municipal or city police are the most important component of American law enforcement. In 2000 they represented 71% of law enforcement agencies and employed 62% of all sworn officers. Municipal police play a more complex role than any other type of law enforcement agency. The external environment heavily influences all agencies...
Words: 2460 - Pages: 10
...Small Business Management | | | | Table of Contents Question 1: 3 Full Absorption Costing: 3 Direct Costing: 3 Question 4: 6 ACCION USA Small Business Loans: 7 Mississippi Capital Access Loan Program 7 Ohio Mini-Loan Guarantee Program 8 Iowa Target Small Business Assistance Program: 9 Montana Indian Equity Fund: 9 Question 3: 9 Bibliography 12 Question 1: In the field of accounting, there are two different ways of allocating production and other costs to products and services. Full Absorption Costing: It is a managerial accounting cost method of expensing all the costs to products and services. Under this approach, products and services are charged with all the prime costs as well as fixed overheads. All the fixed manufacturing overheads are divided amongst products and services based on number of units of products produced, number of units of labor used or amount of administrative expenses incurred on respective products/services. Generally Accepted Accounting Principles (GAAP) requires it for external reporting purposes. It helps in calculation of taxes and generating sales reports. It is an important technique to determine whether retail prices of a company reflect its full absorption costs. It is also important for such companies, which do not have deep pockets, and allocating all the overhead costs on products/services is extremely necessary to determine cost of their products. Direct Costing: It is a technique more suitable for internal...
Words: 2481 - Pages: 10
...OF HUMAN RIGHTS PROTECTION – TIME FOR AN AUSTRALIAN FEDERAL BILL OF RIGHTS? JULIE CASSIDY* Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed – a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity of constitutional...
Words: 21777 - Pages: 88
...the Line Item Veto Act under separation of powers, this note argues for a functionalist approach, recognizing the need for a workable government, as opposed to the more textual, narrow formalist approach. Because the Line Item Veto Act did not violate separation of powers or threaten our tri-partite system of government, the Court should not have struck down the Act as an unconstitutional delegation but should have instead upheld the Act as a sound policy decision of both Congress and the President. II. The Line Item Veto Act In 1996, the Line Item Veto Act was signed into law. With the purpose of promoting savings, ensuring fiscal accountability, eliminating wasteful federal spending, and eliminating certain special tax breaks, the Act gave the President the authority to cancel three types of provisions that had been signed into law: “(1) any dollar amount of discretionary...
Words: 9261 - Pages: 38
...Obliteration of the Constitutional 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...
Words: 3110 - Pages: 13
...policy creation is very much a challenge for a number of reasons. Citizens hold multiple water values such as economic development and the protection of wildlife which are often contradictory. State prior appropriation laws are not easily reconciled with federal reserve rights and the public trust doctrine. There are multiple governmental and nongovernmental actors who work to influence and implement policy in a decentralized political system. If actors lose a policy battle in one decisionmaking arena (such as a legislature), they often try to influence policy at another venue (a court, Congress or an agency). Policymaking involves water issues that are dynamic over time. Furthermore, there are several types of water policy (distributive, allocative, redistributive and cooperative) that vary according to who pays costs and receives benefits, the level of conflict, the openness of decision- making to interested parties, and the level of government which dominates. Long ago, Mark Twain was correct when he said “Whiskey’s for drinking, water’s for fighting about.” © 2001 Elsevier Science Inc. All rights reserved. 1. Introduction In the arid Western states, water has always been an important resource. For over 100 years, federal and state governments and local water users have worked to provide water to agriculture, industry and residents. Since 1902 the Bureau of Reclamation alone has spent $21.8 billion to construct 133 water projects (Western Water Policy Review, 1998, p. 2–9)...
Words: 7161 - Pages: 29
...regionally. States are afforded sovereign powers of their own. In Federalist #45, James Madison summarized the powers assigned to the individual states: “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” “The Tenth Amendment was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or to the people. It added nothing to the instrument as originally ratified.” It’s quite clear that the Tenth Amendment was written to emphasize the limited nature of the powers delegated to the federal government. In delegating just specific powers to the federal government, the states and the people, with some small exceptions, were free to continue exercising their sovereign powers. When states and local communities take the lead on policy, the people are that much closer to the policymakers, and policymakers are that much more accountable to the people. Few Americans have spoken with their president; many have spoken with their mayor. It was clear in the minds of our founding fathers while they were framing the constitution that federal government was supposed to indulge itself in external matters, such as war, peace, negotiations and foreign commerce, also included was the power of taxation. The state government was able to exercise their power...
Words: 2229 - Pages: 9
