...Political and legal history has long involved conflicts between that of the national government and the desire of the states to preserve their sovereignty. The states gain their power in that anything power not delegated to the national government by the Constitution and not prohibited to the states by the Constitution are reserved to the states respectively. Granted formally by the Tenth Amendment, state governments “regulate commerce within their borders and the power to maintain a state militia,” (Sidlow, 2017). The supremacy clause of The Constitution “states that the U.S. Constitution and the laws of the federal government “shall be the supreme Law of the Land,” (Sidlow). This translates to the states not being able to counter...
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...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...
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...focus of the article covers new rules under the Health Insurance Portability and Accountability Act (HIPAA) and the Affordable Care Act (ACA). HIPAA changes include Privacy and Security, and Health Plan ID Numbers, some of which require updates as early as September 23, 2014. The ACA has a total of 8 compliance requirements that need to be met by 2015. Requirements include the following: Employee Mandate, Reporting, Waiting Periods, Payment of Premiums for Individual Coverage, Health Reimbursement Arrangements, Cost-Sharing Limits, Excepted Benefits, and COBRA and Health Insurance Exchanges. Other developments mentioned in the article include Same-Sex Marriage, Subrogation/Third-Party Reimbursement, and Health FSA Carryforwards. An important aspect of this article is that it provides a list of benefits-related government compliance issues that HR professionals need to be aware of. The authors of the article also provided links for each of the compliance issues mentioned above. The HR professional reading this article can use the links to learn more about each compliance law, and how it relates specifically to their organization. For example, the...
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...for this over population are illiteracy, early marriage, and lack of government rules about family planning. Firstly, the literacy rate of this country is very poor. Most of the people of this country live in villages. Most of them are illiterate. They are not aware about the gravity of the problem of over-population and do nothing to stop the increase of population. Most of them are poor. They do not know how they cause population problem. The child birth rate in villages of Bangladesh is so high than the city people. Moreover, they do not know about family planning nor do they cure for planed families. So, this is a major cause of over-population in Bangladesh. Secondly, early marriage is a great cause of excessive population in this country. Though government has strict rules to stop early marriage, this marriage is common in this country especially in villages of the country. It creates adverse effects in population growth. According to the UNICEF 66% of the Bangladeshi girls get married before the age of 18 years and this is one of the highest rates of early marriage in the world. These girls get more child baring years, and take more child. So, this is an other cause of population density. Furthermore, the lack of government rules and regulations about family planning is also a major cause of over-population in this country. Government of this country has weakness in establishing rules of family planning. Government fails to aware people of this country about population...
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...Two women, Edith Windsor and Thea Spyer, were married in Ontario Canada in 2007, and the State of New York had recognized their marriage. Spyer died in 2009, leaving her estate to Windsor. Windsor attempted to claim the federal estate tax exemption, but was prevented from doing so under the Defense of Marriage Act. Windsor paid the estate taxes but requested a refund from the IRS, which was denied. Windsor brought a refund suit to the District Court, claiming that DOMA violated the Fifth Amendment equal protection rights. An appeal was filed and the District Court’s decision was affirmed by the Court of Appeals of the Second Circuit. Although the US government did not seek to defend the constitutionality of DOMA, but they refused to refund...
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...China’s One Child Policy; Impacts on the Society, the Economy, and the People. By David Goheen Due: December 14, 2007 Executive Summary During the years before the implementation of the One Child Policy, the leaders of China were involved in wars, a great leap forward, and an industrial revolution. In the last twenty five years China’s One Child Policy has affected the country in every way one can imagine. This paper will attempt to explore the major ways the policy has affected the people of China socially, and how the economy has reacted with the change. A brief history on the traditional views of Chinese families, before the policy’s implementation, is outlined ahead of the policy’s background. This is to illustrate where the people of China are coming from, socially and culturally. I hope to convey that this policy has forcefully stolen the Chinese citizens’ basic human right to reproduce and has hurt them physically and emotionally. However, statistically and economically the policy has been a success up to this point. The early psychological status of China’s children with no siblings is looked at to try to understand their mental capabilities of dealing with the pressure of having to be successful. Major flaws that were overlooked could spell disaster for this aging population in the future. The policy has created prosperity for the country, but has also left its citizens suffering. China is now looked at as having a low birth rate, a low death...
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...“supreme law of the land” Federalism—Key Questions * 1. What does the “Supremacy Clause” really mean? * 2. How much “power” does Congress (or the national government, generally) have, particularly to “regulate” interstate commerce under Article I, Section 8? * What “power(s)” do states on their own still have? * 3. Which “level” of government is best-suited to handle various issues? (That is, who should do what?) * 4. Should there be “national” standards or rules in some areas? Which? Can this change? * 5. Which level of government is going to be responsible for funding the ever-growing array of programs in response to demands by the people? * “Types” of Federalism * “Cooperative” Federalism * Modern roots in New Deal Programs; * “Competitive” Federalism * Can be both a battle for scarce resources (money, primarily), but also for power/responsibility * “Coercive” Federalism * Action dictated by national government (“mandates”) McCulloch v. Maryland (see text, pp. 101—102; p. 809) * Expansion of implied powers doctrine, giving the national (federal) government more power; see Article I, Section 8 (last part) * “Power to tax is power to destroy.” States can’t take action, such as a tax, that would put the national government or its creations out of existence Federalism and the Role of Federal Courts * Some examples of courts and Federalism: * McCulloch v. Maryland (1819) ...
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...Legislature that affect Family and Consumer Science Birdie Bell December 11, 2014 Dr. Lynda Martin POLICY AND LEGISLATURE THAT AFFECT FAMILY AND CONSUMER SCIENCE Family and consumer sciences are an important academic discipline that students in most of North America take as a humanity subject (Brotherson & Duncan, 2004). The aim of this paper is to identify the policies and legislation on families in the United States and consumer science and examples will be used to illustrate these clearly. Federal and State laws on Families The United States Supreme Court has long made a pronouncement that the family law belongs to the individual states within the nation’s federalist system. Even if the federal government has as well undertaken regulation of issues that affect families, initially in a sporadic manner and then in a more consistent manner, the Court has made an affirmation of the primary role of the state in defining family. A large number of commentators show of appreciation of this authority allocation, presenting an argument that that it plays an important role in promoting family pluralism by showing to honor to local values and choices. However, others point out that federalism creates “equality by design” (Laura, 2014, p. 1835). Therefore, a large number of commentators present an argument that deference to states play a role of insulating courts and federal agencies from the disorderliness of family life, thus demeaning the family relationships’ significance...
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...the government? Sophia, October 20, 2013 A lot of cultural commentators believe that what people think of same-sex marriages, depends on their religious beliefs. But it is very far from the truth to call the same-sex marriage debate a religious debate, when it is actually all about politics. What one’s view on same-sex marriages is depends on whether one is conservative, liberal or libertarian. Or perhaps basic human rights and values? At least that is what Mike Adams writes in his article ‘Three Views on Same Sex Marriage’ the 21st of May 2012 for www.townhall.com. He calls the issue pretty simple for the conservatives, because they think the marital institution predates any governmental decision. To the conservatives, marriage is about protecting women and children, and taming men. The liberals do not think that we as individuals get our rights from God, but instead the rights are given to groups by the government. Liberals are of the opinion that any government can change any law and regulation as they want to, and they do not consider marriage to predate any laws. Libertarians, however, think that it is problematic to recognize marriage in any form. The government should not be in the business of promoting a religious institution, nor should the government recognize and regulate an even broader range of relationships than it already does. David Blankenhorn – in value-based opinion shift In 2007 David Blankenhorn, author of the book ‘Future of Marriage’, took...
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...INFO : F 1983 SC 130 (14) RF 1987 SC1086 (29) F 1987 SC1515 (2,3,10) RF 1987 SC2354 (11) ACT: Constitution of India 1950, Articles 14 and 16, Air India Employees Service Regulations, Regulations 46 and 47, Indian Airline Service Regulation, Regulation 12. Different conditions of service of Air Hostesses employed by Air India in India and United Kingdom-Validity of. Conditions of service-Discrimination-Determination of question. Indian Kanoon - http://indiankanoon.org/doc/1903603/ 1 Air India Etc. Etc vs Nergesh Meerza & Ors. Etc. Etc on 28 August, 1981 Retirement of Air Hostesses in the event of marriage taking place within four years of service-Whether unreasonable or arbitrary. Retirement of Air Hostess-Provision in service rule, or on first pregnancy whichever occurs earlier-Whether unconstitutional. Retirement age of Air Hostess-Fixation of at 45 instead of 58-Whether in valid . Air Hostess-Extension of service-option conferred on Managing Director- Whether excessive delegation of power. Air India Corporations Act 1953, S. 3-Air India International and Indian Air Lines-Whether separate and distinct entities. Indian Evidence Act 1872, S. 115-Estoppel against law- Whether permissible. HEADNOTE: By virtue of section 3 of the Air Corporation Act, 1953 the Central Government created two corporations known as Air India International and Indian Air Lines. A.I. Operating international...
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...Beirut, Msaytbe, Block C www.liu.edu.lb May 30, 2011 Zeina BEAINI English professor Lebanese International University Dear Ms.keshin: With this letter, I’m enclosing my report on “The nationality transmission of the Lebanese woman”, which you requested in the beginning of the spring semester. My report argues about the necessity of transmitting the Lebanese nationality by the women to its children and husband. This problem has been in Lebanon for many decades and the Lebanese people still suffer from its consequences. Many politicians and thinkers tried to help in this problem without any remarkable solution. Without any solution, this problem is getting bigger with time and many families are suffering from its negative side everyday especially children whom their rights has being stolen with no mercy from our governance and its laws and decision regarding our problem. I hope you will find this report useful and relevant especially because it concerns the women’s right in our society. If you would like to discuss it with me, I can be reached by phone or email at the address below. Sincerely yours, The nationality transmission of the Lebanese woman Zahra El OUTA Abdulla Al-tabash Saleh Al-najjar Dana Iskandarani Prepared for Tamara keshin Table of contents Abstract…………………………………………………………………………………...4 Introduction………………………………………………………………………………5 Problem…..……………………………………………………………………………10 ...
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...Same-sex Marriage in Mainland China Sun Wenlin, the 26-year-old plaintiff, walked out of the court hand-in-hand with his partner, Hu Mingliang, and said he would appeal. Their case was heard at a court on April 13, 2016, in Furong district, Changsha city, Hunan province. The lawsuit was brought by the couple, who were challenging the decision of a local civil affairs bureau that had denied them the right to marry. The case was dismissed after an open hearing that lasted three hours and was held before an audience of nearly 200 people, including many journalists. It was the first case of its kind in China in which gay people had tested whether same-sex couples have the right to marry. While homosexuality is not illegal in China, same-sex marriage has not yet been explicitly legalized. Same-sex marriage, also known as gay marriage, is marriage between people of the same sex, either as a secular civil ceremony or in a religious setting. The Netherlands was the first country to legalize same-sex marriages. Since then, same-sex marriages have been performed in more than 20 countries. Nowadays, in mainland China, no same-sex marriage or civil union is recognized. The Marriage Law of the People's Republic of China explicitly defines marriage as the union between one man and one woman. No other form of civil union is recognized. As early as two decades ago, homosexuality was a taboo subject. However, with social development, Chinese people have become more open-minded about a variety...
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...Raja Nabil Dzurkarnain Professor W. Thomas Fagan PSCI 2000 May 6, 2012 1) Everyone have their own political ideology and opinions in what’s happening in the world right now. I would categorize myself as a Liberal. Liberal and conservatives have their own view in how they see certain issues. However, I can be liberal in some issues and conservative in other issues. Being a Muslim, how I view things can be different from anyone who doesn’t share the same faith as me. For example, same sex marriage is legal in some states in the United States. Religion wise, I totally against same sex marriage because it is forbidden in Islam and been regarded as a sinful act. From the perspective of humanity, same sex marriage would make no sense because the couples cannot reproduce an heir. Besides that, there are also different opinions on abortion. Muslims regard abortion as wrong and forbidden but many accept it may be permitted in certain cases. From my understanding, abortion on the ground of financial reason or not be able to take care of the baby when the baby growing up is a great sin in Islam. In my opinion, the mother should be allowed to abort her baby if it’s because of poverty. The reason is if the mother cannot provide the baby with food and shelter than there is no point of keeping the child. Every child deserves the basic needs to grow up. The reason I mention this is because I don’t view all issues from Islamic perspectives. Some of the things you just need to be...
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...campaign. In 2007 a poll was taken on whether or not they should strengthen the laws on hate crimes and 56 percent of republicans and 63 percent of evangelical Christians expressed support. Also many people have shown support for the group through social media such as facebook and twitter. The group also appeals to people between the ages of 13-17 through their program growing up LGBT in America. Also a lot of celebrities have supported the HRC such as Sarah Jessica Parker, Cyndi Lauper, Christopher Meloni, Kevin Bacon, Anne Hathaway and many more. Most people join this group because they believe that all basic rights should be given to everybody. For example most people who join this group feel that gay marriage should be legal because who are they to say what’s a true and pure marriage. Also people join to receive some sort of justice of the many gay, lesbian and transgender people who are discriminated against and deserve to be treated as equals. Some goals of the HRC are stricter laws for committing hate crimes, equal...
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...legitimate alternative lifestyle to heterosexual monogamy. Homosexual “marriage” and adoption should not be sanctioned by the state. This is because Marriage is a two-in-one flesh communion of persons that is consummated and actualized by acts which are reproductive in type, whether or not they are reproductive in effect (or are motivated by a desire to reproduce). Reproductive acts are unique in that they belong to a class of acts by which children come into being/are made. They are the ONLY class of acts by which children come into being as participants in an organic community or family established through the parent’s marriage Marriage is naturally ordered to the good of procreation as well as to the good of spouse unity. Unity is possible because of men and women, in reproductive-type acts, become a single reproductive principle. In marital acts of a male and female the bodies of persons who unite biologically are not reduced to the status of mere instruments because The end, goal, and intelligible point of sexual union is the good of marriage itself. Therefore, Homosexuality is not an alternative lifestyle to heterosexual monogamy. Homosexual marriage should not be sanctioned by the state because it alters the nature of marriage and the founding of a family. This occurs as the nature of marriage turns into simply a long-term erotic relationship. Once same-sex marriage is recognized, it severs “marriage” from its purpose of procreation – in which case there is no reason...
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