...organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Conventionof 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117,369 words in its English-language translation,[5] while the United States Constitution is the shortest written constitution, at 7 articles and 27 amendments.[6] Constitution of the Philippines From Wikipedia, the free encyclopedia Constitution of the Philippines Created October 15, 1986 Ratified February 2, 1987 Location Legislative Archives of the House of Representatives,...
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...Constitutional Law Introduction Many people assume that a government acts from a vague position of strength and can enact any regulation it deems necessary or desirable. This chapter emphasizes a different perspective from which to view the law: action taken by the government must come from authority and this authority cannot be exceeded. Neither Congress nor any state may pass a law in conflict with the Constitution. The Constitution is the supreme law in this country. The Constitution is the source of federal power and to sustain the legality of a federal law or action a specific federal power must be found in the Constitution. States have inherent sovereign power—that is, the power to enact legislation that has a reasonable relationship to the welfare of the citizens of that state. The power of the federal government was delegated to it by the states while the power of the states was retained by them when the Constitution was ratified. The Constitution does not expressly give the states the power to regulate, but limits the states’ exercise of powers not delegated to the federal government. Chapter Outline I. The Constitutional Powers of Government Before the U.S. Constitution, the Articles of Confederation defined the central government. A. A Federal Form of Government The U.S. Constitution established a federal form of government, delegating certain powers to the national government. The states retain...
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...Test 1 (Ch 1-2) ANSWERS | Judge J. D. Langley | Govt 2305 | | 1. Ch01-001-p002 The Jamestown settlement was funded by c. The London Company. 2. Ch01-002-p004 The Preamble to the Constitution begins a. "We the People . . ." 3. Ch01-003-p005 Which of the following is the best explanation of why most American Indian reservations are in the West today? b. European settlers and the U.S. government pushed Indian tribes westward. 4. Ch01-004-p006 Enlightenment thinkers argued that the world could be improved through b. human reason, science, and religious toleration. 5. Ch01-005-p007 The House of Burgesses was c. the first representative assembly in North America. 6. Ch01-006-p008 A social contract theory of government was proposed by d. Locke and Hobbes. 7. Ch01-007-p009 Locke's Second Treatise on Civil Government sets out a theory of e. natural rights. 8. Ch01-008-p010 Congress's authority to check the president's judicial appointment power is a concept that can be attributed largely to the ideas of d. Charles-Louis, the Second Baron of Montesquieu. 9. Ch01-009-p010 Why was indirect democracy a necessary alternative to direct democracy? b. It became increasingly difficult to bring all the colonists together in the decision-making process. 10. Ch01-010-p010 Aristotle attempted to devise a way to classify governments. Critical to his analyses was knowledge of d. whom citizens were ruled...
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...The Evolving Role of Government in Education Lisa M. Turner EDU 310 Leah Barley July 17, 2011 The Evolving Role of Government in Education State and federal governments were not always a part of the education system in the United States. The United States Constitution did not consider schooling and education. When a new nation was founded, the authority of school functions and operations were delegated to local school districts. Over the years many changes have been made in regards to the authority of schools. State and federal governments are more involved now than they were years ago. States began assuming more responsibility for schools and education after World War II (Guthrie, 2002). This essay will discuss and describe how the evolving role of state and federal government in U.S. education, different cases and laws that have evolved or had an impact on education, and an analysis of the church/state debate in public education. There were originally two models for local school districts: the New England model and the Southern model. The New England model enacted the Old Deluder Satan Act in 1647, which established township school districts. Schools were local or municipal, school boards consisted of laypersons, and the school boards were viewed as a “special” government and their authority was limited to education. The Southern model established parishes, and these states had a heavy reliance on county government. During the early 20th century...
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...UNIT 1 Answer Key CHAPTER 1 CHAPTER 1 Section 1 Prereading and Vocabulary 2 Reading Comprehension 3 1. 2. 3. 4. 5. 6. oligarchy citizen democracy constitution state two basic levels; certain decisions; only the federal government; each of the states Federalism is a system of government in which power is divided between a central government and several regional, or state, governments. 1. Population; the people who live within the boundaries of the state 2. Territory; land with known and recognized boundaries 3. Sovereignty; the supreme and absolute power within a state’s territory to decide its own foreign and domestic policies 4. Government; the institution through which society makes and enforces public policies 5. Force theory; the state was born of force, when one person or a small group gained control over people in an area and forced them to submit to that person’s or group’s rule. 6. Evolutionary theory; the state evolved from early families that united to form clans. Later, clans united to form tribes. As tribes settled into agricultural groups over time, they formed states. 7. Divine right theory; God created the state and gave a chosen few the right to rule. 8. Social contract theory; people voluntarily agreed to create a state and give to the government just enough power to promote the safety and well-being of all. Government exists to serve the will of the people, and the people are the sole source of political...
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...A NEW BIRTH OF FREEDOM?: OBERGEFELL V. HODGES Kenji Yoshino The decision in Obergefell v. Hodges1 achieved canonical status even as Justice Kennedy read the result from the bench. A bare majority held that the Fourteenth Amendment required every state to perform and to recognize marriages between individuals of the same sex.2 The majority opinion ended with these ringing words about the plaintiffs: “Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”3 While Obergefell’s most immediate effect was to legalize same-sex marriage across the land, its long-term impact could extend far beyond this context. To see this point, consider how much more narrowly the opinion could have been written. It could have invoked the equal protection and due process guarantees without specifying a formal level of review, and then observed that none of the state justifications survived even a deferential form of scrutiny. The Court had adopted this strategy in prior gay rights cases.4 Instead, the Court issued a sweeping statement that could be compared to Loving v. Virginia,5 the 1967 case that invalidated bans on in––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Chief Justice Earl Warren Professor of Constitutional Law, New York University School of Law. I gratefully acknowledge receiving financial support from...
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...Copyright © 2013 by McGraw-Hill Education. All rights reserved. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written permission of the publisher. ISBN: 978-0-07-180360-1 MHID: 0-07-180360-2 The material in this eBook also appears in the print version of this title: ISBN: 978-0-07-180359-5, MHID: 0-07180359-9. E-book conversion by Codemantra Version 1.0 All trademarks are trademarks of their respective owners. Rather than put a trademark symbol after every occurrence of a trademarked name, we use names in an editorial fashion only, and to the benefit of the trademark owner, with no intention of infringement of the trademark. Where such designations appear in this book, they have been printed with initial caps. McGraw-Hill Education eBooks are available at special quantity discounts to use as premiums and sales promotions or for use in corporate training programs. To contact a representative please visit the Contact Us page at www.mhprofessional.com. Trademarks: McGraw-Hill Education, the McGraw-Hill Education logo, 5 Steps to a 5 and related trade dress are trademarks or registered trademarks of McGraw-Hill Education and/or its affiliates in the United States and other countries and may not be used without written permission. All other trademarks are the property...
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...Essay Question 1 1. From the sale of his home in 2004, Melvin will incur a gain in the amount realized from the sale of his home, which exceeds his deferred basis in the home because the property was transferred to him incident to divorce. Furthermore, Melvin will be able to exclude the gain on the sale of his personal residence from his taxable income. The rules pertaining to federal income tax and income tax deductions are governed by the Internal Revenue Code (“the Code”). According to the Code, all income is taxable from whatever source derived unless otherwise excluded. Pursuant to the Code, income is defined as any economic benefit to the taxpayer or any clearly realized accession to wealth. Under this conceptualization of income, income can be in the form of cash or the fair market value of any property received. In the instant case, Melvin sold his principal primary residence. The amount realized for the sale of his home was $200,000 in cash and two paintings, each valued at $50,000. Thus, his entire amount realized, consists of the total value, or $300,000. Determining the amount realized is only the first step in determining what income will be taxable to Melvin in 2004. Next, because the disposition of property (receiving value for the sale of a home) is a capital gain, the amount of Melvin’s basis in the property must be subtracted from the amount realized to determine the amount of taxable income. A taxpayer’s basis in property is the amount of money...
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... • Layers of gov • Equal power • Distinct powers Powers of the federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important 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...
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...Constitutional Law II Tebbe Spring 08 4 Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate...
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...I. The Right to a Trial by Jury: The Threat of Extinction, Limited Availability & Reduced Effectiveness Contrary to what may be a common public perception, jury trials are a dying breed in America. Jury trials have been declining steadily for the past thirty years. “If the trend continues, within the foreseeable future, civil jury trials in America may eventually become…extinct.” This may seem surprising because the U.S. Constitution ensures the right to a jury trial in criminal trials under the 6th Amendment and in civil trials through the 7th Amendment. The reality, however, is that parties are finding more effective, faster, and more cost-effective means of adjudicating legal disputes through alternative dispute resolution (ADR) forums that are evolving to an ever-increasing degree. The American Jury Project (AJP) of 2005, a national symposium of the American Bar Association, was held to establish the standards and principles for juries and jury trials. Principle 1 states that “the right to a jury trial should be preserved; however, the lack of available jurors and the rules and procedures used in the jury selection process have reduced its effectiveness and have made this means of seeking justice a slow, unpredictable, and expensive gamble that is driving parties to seek ADR through other forums. One author described a powerful contradiction in the jury system that confronts people in America: “We love the idea of the jury but hate the way it works...
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...1.0. INTRODUCTION A contract is a voluntary arrangement between two or more parties that is enforceable at law as a binding legal agreement. Contract have a history that where or when established. Contract law is based on the principle expressed in the Latin phrase “pacta sunt servanda”, (“agreements must be kept"). The common law of contract originated with the now-defunct writ of assumpsit, which was originally a tort action based on reliance. Contract law falls within the general law of obligations, along with tort, unjust enrichment, and restitution. Jurisdictions vary in their principles of freedom of contract. In common law jurisdictions such as England and the United States, a high degree of freedom is the norm. For example, in American law, it was determined in the 1901 case of Hurley v. Eddingfield that a physician was permitted to deny treatment to a patient despite the lack of other available medical assistance and the patient's subsequent death. This is in contrast to the civil law, which typically applies certain overarching principles to disputes arising out of contract, as in the French Civil Code. Other legal systems such as Islamic law, socialist legal systems, and customary law have their own variations. In contemporary times, each case requires an agreement between each other. It is intended that the contract is important in an agreement to prove that the two sides can conduct issues in a more prudent and responsible. Contract means the law that regulates...
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...HOW TO WRITE GREAT ESSAYS HOW TO WRITE GREAT ESSAYS Introduction 1 2 3 4 5 6 7 8 vii Organization 1 Clarity 11 Word Choice 21 Mechanics 39 Revising, Editing, and Proofreading 55 Untimed Essay Writing Strategies 67 Timed Essay Writing Strategies 85 Sample Essay Prompts and Essays 97 Resources 111 CONTENTS HOW TO WRITE GREAT ESSAYS v Introduction n your preparations for college, you may find yourself facing a handful of high-stakes essays. Your college application requires at least one, and the SAT requires another. Depending upon the high school you attend, or the state you reside in, you may need to write an exit essay, or take the Regents Exam. This book includes specific strategies to help you write great essays, no matter which type you write. In contrast to basic writing guides that contain plenty of information you don’t need, How to Write Great Essays focuses on the topics most important to you now. You won’t find a comprehensive guide to mechanics, but instead you will get short but thorough lessons on the most common errors made in grammar, spelling, usage, and how to prevent and correct these errors. Every chapter is designed to relate directly to your essay, giving you the knowledge and the know-how you need to succeed. The book is divided into seven chapters, with the first five covering different aspects of the writing process: I Introduction ...
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...Perfect Phrases for the TOEFL Speaking and Writing Sections This page intentionally left blank Perfect Phrases for the TOEFL Speaking and Writing Sections Hundreds of Ready-to-Use Phrases to Improve Your Conversational Ability, Develop Your Writing Skills, and Build Exam Confidence Roberta G. Steinberg New York Chicago San Francisco Lisbon London Madrid Mexico City Milan New Delhi San Juan Seoul Singapore Sydney Toronto Copyright © 2008 by The McGraw-Hill Companies, Inc. All rights reserved.Manufactured in the United States of America. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written permission of the publisher. 0-07-159247-4 The material in this eBook also appears in the print version of this title: 0-07-159246-6. All trademarks are trademarks of their respective owners. Rather than put a trademark symbol after every occurrence of a trademarked name, we use names in an editorial fashion only, and to the benefit of the trademark owner, with no intention of infringement of the trademark. Where such designations appear in this book, they have been printed with initial caps. McGraw-Hill eBooks are available at special quantity discounts to use as premiums and sales promotions, or for use in corporate training programs. For more information, please contact George Hoare, Special Sales, at...
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...Improve your Written English Visit our How To website at www.howto.co.uk At www.howto.co.uk you can engage in conversation with our authors – all of whom have ‘been there and done that’ in their specialist fields. You can get access to special offers and additional content but most importantly you will be able to engage with, and become a part of, a wide and growing community of people just like yourself. At www.howto.co.uk you’ll be able to talk and share tips with people who have similar interests and are facing similar challenges in their lives. People who, just like you, have the desire to change their lives for the better – be it through moving to a new country, starting a new business, growing your own vegetables, or writing a novel. At www.howto.co.uk you’ll find the support and encouragement you need to help make your aspirations a reality. For more information on punctuation and grammar visit www.improveyourpunctuationandgrammar.co.uk How To Books strives to present authentic, inspiring, practical information in their books. Now, when you buy a title from How To Books, you get even more than just words on a page. Improve your Written English Master the essentials of grammar, punctuation and spelling and write with greater confidence MARION FIELD Published by How To Content, A division of How To Books Ltd, Spring Hill House, Spring Hill Road, Begbroke, Oxford OX5 1RX, United Kingdom. Tel: (01865) 375794. Fax: (01865) 379162...
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