...Gurmanderdeep singh Professor Paul Villa Core Humanities 203 July 20,2013 Constitutional Consideration: The Tenth Amendment The United States Constitution gives significant power to the individual state governments. States are not mere provinces set up to take orders from a central authority in Washington DC and execute these orders 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...
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...Unit 2 Readings Key Terms * Federalist Papers * John Locke * Authoritarianism * The Two Treatises Of Government * The Social Contract Theory * Thomas Hobbes * Nominalism * Materialism * Method Reading Summary or Overview The Federalist Papers were written and published in New York state newspapers between 1787 and 1788. Its purpose was to convince New Yorkers to ratify the proposed Constitution. The authors of The Federalist or The Federalist Papers were among the "founding fathers" of the United States of America. This term is used to refer to the men whose actions were responsible for creating the United States of America and the United States Constitution. View this introductory presentation on the authors of The Federalist Papers. Then, read the internet resources on The Federalist Papers. Internet Resources KAPLAN LIBRARY The "KU Online Library" link is on the left Navigation area of your course Home Page once you log in. You will be able to locate the articles below by placing the title of the article into the search engine. For any Supreme Court cases or other legal cases, once you go into the Kaplan Library, on the right side of the page you will see “databases.” Once in “databases” scroll down to “Westlaw Campus Research” and there you will be able to access the full text of court opinions, statutes, and regulations from state and federal governments. The Federalist Papers Jay, J., Goldman, L., Hamilton, A., & Madison,...
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...Assignment #3 Reginald Smith March 2, 2013 Criminal Investigation Dr. Levin Introduction This proposal was selected to analyze profiling psychologically, geographically, and racially. Profiling has its benefits and problem just like any other perceptional judgment. Society tends to be inclined to profiling due to cognitive learning, but "profiling was originally intended to help drug couriers attempting to enter the country." (Schmalleger, 2004) U.S Customs Service and the Drug Enforcement Administration developed personal indicators that perceived an increased likelihood of a violation of law. Then in the late 1900's racial profiling received national recognition. Racial profiling referred to "Driving While Black." (Schmalleger, 2004) Literature review Advantages and Disadvantages Psychological "We understand today that it is a cruel and ignorance practice to torture men and women whose mental disturbance expresses itself in the form of religious or other eccentricities, but we are still too deep in the darkness to realize that the same true of those whose quirks show themselves in criminality." (Howe, 2012) One form of profiling is the psychological process of criminals. Usually, if investigators think like criminals he or she will caught a law violator. Psychologically profiling suspected criminals is an effective benefit for criminologist; unfortunately, using psychological profiling can't provide solid evidence. During the 1950's psychological...
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...was brought by the University of Denver (“DU”) and several of its student-athletes to enjoin the National Collegiate Athletic Association (“NCAA”) from imposing sanctions against DU and declaring several of its hockey players ineligible. Colorado Seminary (Univ. of Denver) v. Nat’l Collegiate Athletic Ass’n, 570 F.2d 320, 321 (10th Cir. 1978), aff’d, Colorado Seminary (Univ. of Denver) v. Nat’l Collegiate Athletic Ass’n, 417 F.Supp. 885 (D.Co. 1976). Because DU refused to enforce the ineligibility of several of its hockey players despite the NCAA’s declaration of such, the DU hockey team was put on a two-year probation period, all DU athletic teams were unable to participate in post-season NCAA events and have its regular season games be televised, and the University was forced to forfeit its 1973 national title. 570 F.2d at 321. Plaintiffs claimed that the NCAA violated their due process and equal protection rights through its ineligibility declaration, however the trial court disagreed, denying Plaintiffs’ motion for summary judgment in favor of Defendant’s, albeit with some conditions. 417 F.Supp. at 893, 900. Plaintiffs appealed the denial, but the 10th Circuit affirmed the trial court’s decision and ultimately held that: the “students’ interest in participating in intercollegiate athletics did not rise to level of the constitutionally-protected property or liberty interest in invoking due process guarantees; and the Association did not unconstitutionally discriminate against...
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...Federalism separates the levels of government. “The framers of the Constitution granted a few expressed powers to the national government, reserving the remainder of powers to the states.” this is a summary of the 9th and 10th amendments of the United States Constitution. This means that state governments may write their own laws. Although the states are reserved all powers that are not given to the federal government, they still must follow federal laws. Keeping the levels of government separate is important to the idea of federalism because it keeps things clean between the federal government and state governments. Separation of powers also keeps things clean between the legislative, executive, and judicial branches of government. The two ideas work hand in hand with each other to keep things running in an orderly...
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...state law, no marriage license could be issued between a "white" person and a "negro" person. Petitioners contend that the statutes in question are unconstitutional on the grounds that they prohibit the free exercise of their religion and deny to them the right to participate fully in the sacraments of that religion. They are members of the Roman Catholic Church. They maintain that since the church has no rule forbidding marriages between Negroes and Caucasians, they are entitled to receive the sacrament of matrimony. The case went all the way to the California Supreme Court and the couple was able to successfully overturn California’s miscegenation laws. The California Supreme Court in Perez v. Sharp (1948) 32 C.2d 711, 198 P.2d 17, 8 Summary (10th), Constitutional Law, §747, characterized...
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...“Employers’ Accounting for Postretirement Benefits Other than Pensions.” Each plan caries different risk and benefits for employer and employee. A brief summary is hereby provided to aid in deciding the appropriate plan for the company. Defined Contribution Defined contributions plans are rapidly becoming the preferred plan for most firms. The plan offers less risk to employers because employees make contribution towards retirement funds. Employees contribute a set percentage, taken from the salary, to the plan. Funds are invested into a plan such as a 401K or Thrift Savings Plan (TSP) for Federal employees. The amount the retiree receives is based on the return on investment at the receipt. That is, the benefits the recipients earn are based on the stability of the investment and the return earned on funds during the time of investment. The risk of the investment is borne by the employee as the market changes in value. The employer’s responsibility is the “annual contribution to the pension plan fund” (Schroeder, Clark, & Cathey, 2011, p. 457). For accounting purposes, disclosures should include the group covered by the plan, the existence of the plan, and factors concerning the contributions of the plan. Moreover, the company needs to disclose any information that affects “comparability from period to period (such as amendments increasing the annual...
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...The reasons behind increasing transparency of tax return Addressed to: Grant O'Brien (Chief Executive Officer of Woolworths) 19/04/2015 Word count: 1379 Topic: Why does the Australian legislator require additional ATO disclosures beyond AASB 112? Table of content 1. Executive summary 2. Introduction 3. Summaries of the contents of Paragraph 79, 80, 81(c), and 84-86 of AASB 112 4. The shortage in Woolworths’ present financial report 4.1 Accrual basis V.S. Cash basis 4.2 Tax information not separately disclosed correspond to each jurisdiction 4.3 How the ATO amends the vulnerability of AASB 112 5. Recommendations to Woolworths refer Rio Tinto’s tax report 5.1 How to achieve an easier assessable tax report for the public 5.2 How Woolworths can obviate aggressive tax avoidance 6. References 1. Executive Summary AASB 112 has been implemented to give guidance to companies about how to disclose related tax information, also providing surveillance to the phenomenon of tax evasion. In a vastly developing economy, various large and multinational companies have found ways of escaping by paying minimal taxes. For example, shifting revenue to a lower tax rate country or manipulating past tax losses avoids huge amounts of tax payment. The ATO published disclosure requirements in 2014 aiming to eliminate this phenomenon. The main discrepancy between financial statement and company’s income tax is tax under financial statements were calculated based on...
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...PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 07-4465 JUSTIN LAYSHOCK, a minor, by and through his parents; DONALD LAYSHOCK; CHERYL LAYSHOCK, individually and on behalf of their son v. HERMITAGE SCHOOL DISTRICT KAREN IONTA, District Superintendent; ERIC W. TROSCH, Principal Hickory High School, CHRIS GILL, Co-Principal Hickory High School, all in their official and individual capacity Hermitage School District, Appellant Appeal from the United States District Court for the Western District of Pennsylvania (Civ. No. 06-cv-00116) District Judge: Hon. Terrence F. McVerry Argued on December 10, 2008 Opinion Filed on February 4, 2010 1 Opinion Vacated and Petition for Rehearing En Banc Granted on April 9, 2010 Rehearing En Banc Ordered for June 3, 2010 Argued En Banc on June 3, 2010 Before: McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, GREENAWAY, VANASKIE and ROTH, Circuit Judges. (Opinion filed: June 13, 2011) ANTHONY G. SANCHEZ, ESQ. (Argued) CHRISTINA LANE, ESQ. Andrews & Price 1500 Ardmore Boulevard, Suite 506 Pittsburgh, PA 15221 Attorneys for Appellant, Hermitage School District SEAN A. FIELDS, ESQ. Associate Counsel Pennsylvania School Boards Association 400 Bent Creek Boulevard P.O. Box 2042 Mechanicsburg, PA 17055 Attorney for Amicus Curiae, Pennsylvania School Board Association, filed in support of Appellant, Hermitage School District KIM M...
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...Unit 5 Homework Assignments Worth 45 Pts. Total *Review Terms From Unit 1, 2, 3 & 4* 2nd Amendment Establishment Clause Hecklers Veto Probable Cause Schenk v. US/Clear & Present Danger Free Exercise Clause Exclusionary Rule Defamation Double Jeopardy Miranda v. AZ/Self Incrimination Due Process 6th Amendment Grand Jury Indictment Habeas Corpus Swing Justice Original vs. Appellate Jurisdiction Marbury v. Madison/Judicial Review 4th Amendment 8th Amendment Stare Decisis/Precedent Article I Article II 1st Amendment 10th Amendment Article III Eminent Domain 5th Amendment Arraignment Judicial Activism vs. Restraint Gideon v. Wainwright 7th Amendment Civil Law/Tort Law Criminal & Civil Negligence Federal & State District Courts Beyond a Reasonable Doubt 14th Amendment Preponderance of Evidence Majority Opinion of Supreme Crt Federalism Reserved Powers Police Powers Enumerated Powers Griswold v. Connecticut (1965) Roe v. Wade (1973) Commerce Clause McCulloch v. Maryland (1819) Supremacy Clause Necessary & Proper Clause Civil Liberties v. Civil Rights Incorporation Doctrine Brown v. Board of Education (1954) Party Primary General Election Closed Primary Open Primary Caucus Electoral College Gerrymandering Advise & Consent Filibuster & Cloture Speaker of the House Senate Majority Leader Standing Committee Conference Committee Pork Barrel...
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...Union Budget 2014-15 10th July, 2014 Union Budget 2014-15 Budget 2014-15 Holistic Plan of Action In comparison to the less than ordinary and unimaginative budgetary proposals of yester years, Modi’s maiden budget comes as a welcome change from the norm. The proposals and reforms suggested in the Union Budget 2014-15 are ground breaking, specific with a good measure of thought & common sense and vastly catered for holistic growth of the economy. The challenging circumstances of a slowing economy, soaring energy prices, inflation, fiscal and current account deficits do not provide adequate leeway to maneuver and hit the path of high growth. Yet the Budget provides a comprehensive plan and directional footprint towards overcoming these hurdles to sustainable growth of 7-8% over the next few years along with providing macro economic stability, lowered inflation, realistic fiscal health targeting and a manageable current account deficit. Country is in no mood to suffer unemployment & apathetic governance 10th July, 2014 Union Budget 2014-15 Budget 2014-15 Holistic Plan of Action The Finance Minister while presenting the budget takes cognizance of the fact that decisive action to fuel growth without populism is the need of the hour. And that resources for developmental expenditure cannot be raised at the cost of burdening the future generations with the legacy of debt. He goes on to emphasize the need to mobilize resources through both tax and non-tax...
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...CAPP program through the Order Granting CLG Attorney’s fees. All orders are final (Rule 54(b)). The Appeal, subject to C.A.R. 31(c) and C. A. R. 28(a), RT=Reporters Transcript; AA: =Appendix; Ad: =Addendum (Orders attached to brief). II. STATEMENT OF ISSUES A. Whether the court erred in concluding that Brumfiel failed to state a claim under 12(b) (5); and concurrently that defendant lacked standing. B. Whether the Statute of Limitation of 1 year was tolled under the Continuing injury Doctrine in Brumfiel’s FDCPA claim. C. Whether the court erred in denying Brumfiel’s Motion to Dismiss on grounds that the Trust had standing to foreclose and denying her defenses including constitutional defense. D. Whether the Court erred Granting Plf’s Summary Judgment, where the Trustee’s status as holder was disputed as sufficient to foreclose. E. Whether the Court erred by holding that Brumfiel may not, as a non-party, challenge an assignment or agreement. F. Whether the court committed error by applying the Civil Access Pilot Program (CAPP) to Defendant’s foreclosure. G. Whether the court abused its discretion by making rulings on evidence that denied her a chance to tell her side, and withholding excess proceeds from the sale. H. Whether the plaintiff waived any deficiency judgment. 1 I. Whether the court erred by granting the CLG attorney’s fees from an Untimely, and Procedurally Defective Request. III. STATEMENT OF THE CASE The Trustee initially sought a Rule 120 which it ultimately...
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...Principles and Articles of the United States Constitution Tammie Johnson Grand Canyon University: POS 301 June 19, 2013 Principles and Articles of the United States Constitution Principles of the Constitution | Self-Government | The principle where the people are the decisive source of governing authority and decisions are made based on majority rules (Patterson, 2011). | Separation of Powers | The principle used for the allocation of power among the legislative, executive, and the judicial branches that outline the responsibilities of each branch. | Checks and Balances | A system of the government used to preserve a balance of power among the three branches of government so no one branch can over-power the other two. | In the United States, the federal government uses a system called checks and balances to ensure that the three branches of government are working equally and that no one branch becomes superior over the other two. The three branches that are based on the principle of separated institutions sharing power are the legislative, executive and judicial. Each branch has powers that it can use to check and balance the operations and power of the other two branches (Kelly, 2013, para. 1). What makes this system effective is that each branch must be willing to compromise to ensure the American people needs are put first and the safety and security of the nation is constantly being enforced. For instance in an attempt to limit the power that each branch...
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...official capacity as State Registrar of Vital Records, Petitioners, MICHÈLE MCQUIGG, Intervenor/Petitioner, v. TIMOTHY B. BOSTIC; TONY C. LONDON; CAROL SCHALL; and MARY TOWNLEY, Respondents. ________________________________ ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ________________________________ BRIEF FOR THE RESPONDENTS ________________________________ Law Student Counsel for the Respondents QUESTION PRESENTED Whether Virginia’s Marriage Laws, which prohibit same-sex couples from marrying or entering a civil partnership in Virginia or in any other jurisdiction, violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment when: * Virginia’s constitution limits marriage to one man and one woman; * Virginia’s code prohibits same-sex marriages or civil unions; and * Virginia’s code refuses to recognize same-sex marriages or civil unions lawfully consummated in other jurisdictions. TABLE OF CONTENTS page QUESTION PRESENTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii TABLE OF AUTHORITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv OPINIONS BELOW . ...
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...individuals forty years of age or older.' An employer may not trine of constructive discharge,7 which occurs when the employer creates discharge4 an employee within the protected group based on his age, 5 except as provided by law. 6 In addition, the ADEA recognizes the docworking conditions so intolerable that a reasonable employee would be 1. Age Discrimination in Employment Act of 1967, Pub. L. No. 90-202, 81 Stat. 602 (1967) (codified as amended at 29 U.S.C. §§ 621-34 (1982 & Supp. III 1985)), as amended by Age Discrimination in Employment Amendments of 1986, Pub. L No. 99592, 100 Stat. 3342 (1986). 2. The ADEA covers employers of twenty or more employees in industries affecting commerce, including employer agents, states, political subdivisions and their agencies or instrumentalities. Age Discrimination in Employment Act of 1967, Pub. L. No. 90-202, § 11(b), 81 Stat. 602, 605 (1967), as amended by Fair Labor Standards Amendments of 1974, Pub. L. No. 93-259, §§ 28(a)(1), (2), 88...
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