...gauge whether a Supreme Court case is impactful, it is necessary to understand the types of Supreme Court cases that make up the majority of cases. According to Hall, the Supreme Court has roughly five limited functions; these are “regime enforcement, division of labor, overcoming gridlock, blame avoidance, and legitimation.” These functions are important to understand to really classify a Supreme Court case as truly important. For most people, who do not know history very well, it can be hard to understand how a case tried over 200 years impacts their life today. In the cases succeeding Marbury V. Madison (the first case to use a process known as Judicial Review) we can see these functions being exercised and develop over time....
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...Congressional Term Limits The United States Constitution is the supreme law of the land (U.S. land). Empowered with the sovereign authority of the people by the framers and the consent of the legislatures of the states, it is the source of all government powers, and also provides important limitations on the government that protect the fundamental rights of United States citizens. Professor Larry J. Sabato introduced a number of proposals for Constitutional revisions in his book, A More Perfect Constitution: Why the Constitution Must Be Revised: Ideas to Inspire a New Generation, all of which worthy of consideration, but one stands out to me as the most deserving candidate to become a new Amendment to the Constitution…Congressional Term Limits....
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...Kuffel July 29, 2013 Habeas Corpus is an important article written into the constitution of the United States and is considered be the “great writ of liberty”. It was not originally written for the constitution but was adopted by the framers from their original home in Great Britain. In my paper I will talk about the meaning and history of Habeas Corpus including how Habeas Corpus and our civil liberties are interpreted and treated in regards to our constitutional rights as well as when congress determines it is lawful to suspend. Habeas Corpus is a writ that was formed as Habeas Corpus Act of 1679 and is used to keep and individual from being unlawfully imprisoned. The earliest version of Habeas corpus appeared in British’s Magna Charta (a Latin phrase means “Great Charter”) in 1215. In the history of Habeas Corpus, in the United States, Presidents had used their war-time executive order power to suspend Habeas Corpus Act of 1679 and/or declared martial law in some of the cases researched. According to the article Habeas Corpus in the Columbia Electronic Encyclopedia 6th edition (2011)” the writ of habeas corpus is Latin for you should have the body”. There are two important factors that go along with its Latin meaning. First, a writ is a document in a courts name to a jailor for example, to act or not act in some way. This writ is an order by judge to see a prisoner in the case was they get arrested and detained. The judge must decide whether the reason for the detention is...
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...technologies can be attributed to the change in policies by the most influential nations that operate within outer space. The promotion of private industry by the United States of America since the political party lead by President Obama took charge of the government has opened the door for funding and ease of accessibility into outer space. With the potential for profit high, the number of private entities to develop space exploration and exploitation technologies will continue to grow and with this increase comes a need to overview to current space law in order to ensure that it is being implemented accordingly or if it needs to be restructured. The Development of Commercial Space Law Law is defined as, “the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision” (Law). The laws that are established are therefore derived from the community and according to The Outer Space Treaty, which is the foundation of all of space law, “the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind” clearly decrees that the community encompasses the entirety of the world ("United Nations Office...
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...Case Study Shawn Padgett Kaplan University Case Study The statute referred to in the case of Texas vs. Johnson, 491 U.S. 397 (1989) is 42.09 (a) (3) in the Texas Penal Code. This statute, 42.09 (a) (3), created by the executive branch, prohibits the desecration of a venerable object”, (a) a person commits an offense if he knowingly or intentionally desecrates; (3) a state or national flag. To desecrate a venerable object is to destroy, deface, or physically mistreat in a way that the one doing the action will seriously offend one or more persons observing the action. This statute was inconsistent with the first amendment. (Texas vs. Johnson, 491 U.S. 397 (1989)) The parties involved in this case are the state of Texas and Gregory Lee Johnson. The citation for the United States Supreme Court’s decision on this case is, Texas vs. Johnson, 491 U.S. 391 (1989) (Burning of the flag at political protest rally.). There was three court that heard Johnsons case before reaching the United States Supreme Court. Ranking from the highest court to the lowest for this case is the Texas Criminal Court of Appeals, Texas Court of Appeals (5th District), and the Dallas County Criminal Court. Creating a law is done by Congress, which are called statutes, or court-made, also called case law. Laws can also be by anyone that wants to propose to Congress of an adoption of new law. Case laws are based on the judicial opinions, including decisions that interpret statutes. Statutory...
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...Case studies Name: Tutor: Course: Institution: Date: Flying to the Auto Bailout on a Private Jet Basic problems In this case study, there is wastage of resources. The CEOs of the nation's three largest automobiles uses private jets to attend the corporate public relations congress. This is wastage of resources since they are using private jets to travel when their companies are struggling to stay afloat. Ignorance is another basic problem evident in this case study. These CEOs are very ignorant. They attend the corporate public relation congress in Washington unprepared and thus appear to know nothing about their problems. The three companies, GM, Ford and Chrysler, lack the concepts of public relations. The main issues American economy is melting down. Most of the workers are losing their jobs since the companies cannot handle many workers anymore. The companies have got inadequate cash. Bankruptcy is another main issue experienced in this case study. The General Motors Company and the Chrysler can no longer pay their debts. Key decisions * According to the case study, the leaders have to come up with a new public relations strategy. * The CEOs should correct any mistakes they have made before such as using private jets to travel. * Introduce innovation in products * The auto industry of the US should promote its products. * Ensure transparency in business operations. SWOT analysis Strengths * Availability of resources for the companies ...
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...branch of the federal government consists of the Congress, which is divided into two chambers -- the Senate and the House of Representatives. The legislative branch was granted several powers by the constitution. Among those are powers to levy and collect taxes, power ti coin money and regulate its value, power to provide for punishment for counterfeiting, power to establish post offices and roads. There are only a few qualifications that one must meet to run for congress. They are: must be at least 25 years old and must have been a US citizen for at least 7 years. There is no limit on the number of terms one can serve in the house of representatives and by contract the senate members can only serve six terms. It is said that roughly 1/3 of the senate stand for reelection every two years. The duties and responsibilities do differ among the two divisions of congress. The senate has to give its approval if many of the appointment, by the president. This approval includes but is not limited to the appointment of cabinet officers, federal judges, department secretaries and US military and naval officers. Congress powers are limited to the enumerated powers on the specific right, given to it by the Constitution of the United States. Congress also has the power to impeach the president of the United States. Even though congress as a whole can impeach the president, both divisions have a different role in this process. Within congress there are congressional committee created to...
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...INTRODUCTION Background of the Case Study of the UNITES STATES POSTAL SERVICE The evolution of the United States Postal Service is interlaced with the history of our federal government. Today, the Postal Service is the second largest civilian employer in the United States. It has over 700,000 employees, affects an economy that employs 9 million people and represents 8% of the United States gross domestic product in a $900 billion mailing industry (United States Postal Service [USPS], 2002b). This organization reaches every United States household and its operations are often perceived as an indication of the efficiency of the entire federal government as a whole. After the historic gridlock of the Chicago Post Office in 1966, Postmaster General Lawrence O’Brien sought the political support of President Johnson for systemic change in the organization. President Johnson formed a “blue ribbon” commission of well-known business leaders and academia’s to study the Post Office Department. Their mission was to recommend how to change the Post Office Department and to also describe the best governmental organization model for its function. The President’s Commission on Postal Organization (Commonly called the Kappel Commission after its Chairman) presented the President with a plan in 1968, which lead to congressional testimony, but legislative action did not soon follow. Various factions, including the strong postal unions representing 740,000 votes, opposed the government corporation...
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...American Politics Final Exam Questions 1. In the design of the United States government, Congress was given the legislative power. It "makes the laws" for the nation. a. What procedure does the Constitution require for Congress to make law? Article I of the Constitution "all legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives." The House and Senate are equal partners in the legislative process––legislation cannot be enacted without the consent of both chambers. First, any bill for raising money (such as by taxes or fees) must start out in the House. All bills must pass both houses of Congress in the exact same form. Bills that pass both houses are sent to the President. He can either sign the bill, in which case it becomes law, or he can veto it. In the case of a veto, the bill is sent back to Congress, and if both houses pass it by a two-thirds majority, the bill becomes law over the President's veto. b. Describe the legislative process utilized today, above and beyond the Constitutional requirements. The general process for making a bill into law is described in the Constitution. First, a bill needs to be drafted. You do not need to be a member of congress to draft a bill. For example lobbyists and other congressional staff can draft a bill, but only a member of congress can introduce legislation. Bills then get referred to standing committees. Once referred, the bill...
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...The Congress is consisting of the Senate and the House of Representatives, which represents the interest of the citizens of the United States. Congress consists of elected officials that we the people elected. The Senate and House of Representatives both make laws, but the Senate, under the Constitution, has certain granted powers that the House of Representatives do not have. The House of Representatives serves for two terms and the Senate serves six-year terms (Larson, 2015). The Senate is composed of 100 members and each state has two Senators. Only 20 percent of Senators are females per the 113th Congress (2015). The mark-up of the congress does not reflect the demographic of the United States. By the Senate being 80 percent male, this is an over representation of the 49.2 percent males in the United States (Male, 2014). Another example of over representation, the House of Representatives has 82.2 percent of males. As the bible states, “For I know...
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...International and Global Economic Studies, 4(1), June 2011, 1-10 1 NAFTA and the U.S.-Mexican Trucking Dispute Robert J. Carbaugh* Central Washington University ______________________________________________________________________________ Abstract Although the charter of the North American Free Trade Agreement established a schedule that would have opened the border states of the United States to competition from Mexican trucking companies in 1995, and all of the United States to this competition in 2000, the full implementation of these provisions has been delayed due to concerns about the safety of Mexican trucks and drivers. This delay has resulted in much frustration for Mexico, which, in 2009 implemented retaliatory tariffs on products imported from the United States. In March, 2011 the two countries unveiled a deal to resolve this dispute which could help ease tense relations between the two neighbors. This paper discusses the nature and significance of the trucking dispute between Mexico and the United States. Keywords: Transportation, trucking, NAFTA JEL classification: A10, F13, F23 ______________________________________________________________________________ 1. Introduction The economic ties between Mexico and the United States are of importance to policymakers because Mexico borders the United States and because of the significant economic links connecting the two countries. It is also of strategic importance for the United States to have a prosperous...
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...NOT APPLY TO LAND GRANTS THAT WERE ISSUED BY THE SOVERNITIES OF SPAIN AND MEXICO AS TREATIES ENTERED INTO BY THE UNITED STATES CONGRESS (AS IS THE TREATY OF GUADALUPE-HIDALGO) are considered Supreme law by the Constitution of the United States of America Bert Lucero, Trustee, LTLGA, 2 March 2007 After three centuries as Sovereign, the Government of Spain relinquished all Spanish claim in the Americas to a new Sovereign, “Mexico” via the Treaty of Cordova, 28 September 1821. Property rights were honored IAW (in accordance with) Las Siete Partidas and the International Law of Conquest. Land Grant ownership, management and operations were allowed to continue in the same manner as under Spanish Rule (Land Title Study, Koch, et al). The following year, on 24 February 1822, all of Mexico’s inhabitants, within its borders, were declared “Free and Equal Citizens” via the Plana de Iguala. “...that all the inhabitants of New Spain, without distinction, whether Europeans, Africans or Indians are citizens of this monarchy, with the right to be employed in any post, according to their merits and virtues”. “... the equality of civil rights to all the free inhabitants of the empire, whatsoever may be their origin in the four quarters of the earth”. The United States of America (created in 1776), enacted Indian Intercourse Act of 1834 (Manifest Destiny), wherein it formalized it’s goal to claim all...
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...the United States, intend to be conferred on the Supreme Court and also on lower Courts as the Congress may well regularly decree and start. The initial activities of the freshly formed Congress stood to permit the Judiciary Act of 1789 that completed requirements for the Supreme Court. It specified that it will contain of five Associate Justices who would come across in the country's capital and a Chief Justice. In the beginning, Chief Justice chosen was John Jay by George Washington who functioned from 1789 to 1795. The Judiciary Act (1789) moreover specified that the authority of the Supreme Court will comprise appellate authority in superior public cases and in which government judges administrated on centralized decrees. Additionally, the Supreme Court justices were obligatory to function on the U.S. circuit judges. The cause for this was to ensure that adjudicators from the uppermost court will be associated with the prime trial law court study about the processes of the state court of law. Additionally, in the primary years of the Supreme Court, the judges had diminutive regulation over which cases they got. Until 1891 they were unable to examine progressions by certiorari and discarded the right of involuntary petition. Although the Supreme Court is the uppermost court of law in the country, it has incomplete administrative right over the federal courts but it wasn't given the accountability for conscripting rules of federal procedure until 1934 by Congress. The...
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...James Taylor 10/15/12 State and Local Government Review of 101 Chambers written by Peverill Squire and Keith E. Hamm Squire and Hamm begin their writings with introducing the reader to the historical lineage of American legislatures and their evolution from colonial days to the modern government. The colonial institutions "have greatly influenced the design of the new Congress under the Constitution" (Squire and Hamm 34). The bicameral system had its originations in colonial governments and the original colonial constitutions had a large impact on the future constitutions. The bicameral legislation structure that is now common in the United States began in the colonial era. The original colonies has systems that greatly resembled that of the English system during the Tudor reign with an unicameral system made up of the governor, the councilors, and the general assembly that was made up by the colony's freemen. Massachusetts became the first colony to separate into two chambers, one made up of the council and the other made up of the general assembly. In the 1630s "the councilors and the members of the assembly developed different interests and concerns, and these differences led to conflict between them" (Squire and Hamm 34). State constitutions became more prevalent as the idea of independence from the crown grew stronger. The states wanted to have control over who would be appointed to represent them in their legislatures. Many of the structures had not been changed...
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...Energy Summary SCI/362 April 25, 2011 Energy Summary This summary of Energy will review three cases, The Arctic National Wildlife Refuge, Yucca Mountain, and The Three Gorges Dam. It will identify each type of energy source, its relative abundance and environmental impact along with evaluating the economic and ethical issues of each energy source highlighted by these three cases. The summary will identify the interests of prominent stakeholders, and evaluate the advantages and disadvantages of each energy source according to each stakeholder’s point of view and present possible strategies for solving the limited-resource issues raised in these case studies with explaining the role of conservation in these strategies. The Arctic National Wildlife Refuge Since 1980 there has been an on and off debate regarding opening the refuge to oil drilling. The refuge is close to the Trans-Alaska Pipeline, one of the world’s largest pipeline systems that begins at Prudhoe Bay and continues south to Valdez. Prudhoe Bay has produced 14 billion barrels of crude oil. In the early 1990’s, it was the first time in history that the United States would import more than half the oil it used. The interest of opening the refuge to oil drilling started again after it subsided for five years following the Alaskan oil spill. The Department of the Interior admitted that the oil drilling will harm the area’s ecosystem and therefore both the Senate and House of Representatives agreed to allow...
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