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Learn by Doing

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Submitted By libraluv1
Words 1228
Pages 5
Assignment #1
Learning By Doing
PAD 525
Ronald Fitzgerald

1. This compilation of the Freedom of Information Act is unofficial and for the convenience of the public only. While every effort was made to attain complete accuracy herein, the reader is advised to consult the Connecticut General Statutes for the official codification of the law

2. In the year of 1894 the statute of the income tax was termed as being unconstitutional. It was officially termed as being unconstitutional in the year of 1895 for which an amendment which was not constituted in the congress. It was later challenged in the case of Pollock versus the farmers and it was then that the income tax norm was held totally unconstitutional by the supreme court of USA. It was due to the fact that it imposed a tax which was direct by nature on the real property as well as the personal property that was invested. 3. The federal statute authorizing the U.S. Secretary of Transportation to make payments to states for the value of materials stockpiled near federal highway construction projects in conformity with the project specifications.
a. The Secretary, from time to time as the work progresses, may make payments to a State for costs of construction incurred by the State on a project. Such payments may also be made for the value of the materials—
b. that have been stockpiled in the vicinity of the construction in conformity to plans and specifications for the projects; and
c. that are not in the vicinity of the construction if the Secretary determines that because of required fabrication at an off-site location the material cannot be stockpiled in such vicinity. 4. The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et. seq.). (Act) requires the Secretary of the Interior or the Secretary of Commerce (depending on jurisdiction) to determine whether species are endangered or threatened. In defining "species," the Act as originally passed included, "...any subspecies of fish or wildlife or plants and any other group of fish or wildlife of the same species or smaller taxa in common spatial arrangement that interbreed when mature." In 1978, the Act was amended so that the definition read "...any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature." This change restricted application of this portion of the definition to vertebrates. The authority to list a "species" as endangered or threatened is thus not restricted to species as recognized in formal taxonomic terms, but extends to subspecies, and for vertebrate taxa, to distinct population segments (DPS's) The federal statute authorizing the U.S. Secretary of Transportation to make payments to states for the value of materials stockpiled near federal highway construction projects in conformity with the project specifications. 5. Sec. 20-312. Licensing. (a) No person shall act as a real estate broker or real estate salesperson without a license issued by the commission, unless exempt under this chapter. The Commissioner of Consumer Protection may enter into any contract for the purpose of administratively processing the renewal of licenses on behalf of the commission. http://www.cga.ct.gov/current/pub/chap_392.htm * 6. If background noise levels caused by sources not subject to these regulations exceed the standards contained herein as amended from time to time, a source shall be considered to cause excessive noise if its emission exceeds the background noise levels by five (5) decibels, provided that no source subject to this article shall emit noise in excess of eighty (80) decibels at any time, and provided that this section does not decrease the permissible levels of other sections of this chapter as amended from time to time. * (b) No person shall cause or allow the emission of impulse noise in excess of eighty (80) decibels peak sound-pressure level during the nighttime to any residential noise zone. * (c) No person shall cause or allow the emission of impulse noise in excess of one hundred (100) decibels peak sound-pressure level at any time in any zone.. * 7. ''The Fifth Amendment to the Constitution says 'nor shall private property be taken for public use, without just compensation.' This is a tacit recognition of a preexisting power to take private property for public use, rather than a grant of new power.'' Eminent domain ''appertains to every independent government. It requires no constitutional recognition; it is an attribute of sovereignty.'' In the early years of the nation the federal power of eminent domain lay dormant, and it was not until 1876 that its existence was recognized by the Supreme Court. In Kohl v. United States any doubts were laid to rest, as the Court affirmed that the power was as necessary to the existence of the National Government as it was to the existence of any State. The federal power of eminent domain is, of course, limited by the grants of power in the Constitution, so that property may only be taken for the effectuation of a granted power, but once this is conceded the ambit of national powers is so wide- ranging that vast numbers of objects may be effected. This prerogative of the National Government can neither be enlarged nor diminished by a State. Whenever lands in a State are needed for a public purpose, Congress may authorize that they be taken, either by proceedings in the courts of the State, with its consent, or by proceedings in the courts of the United States, with or without any consent or concurrent act of the State.
8. The Supreme Court’s historic ruling striking down Section 3 of the discriminatory Defense of Marriage Act (DOMA) is an enormous victory for loving, married couples and their families, and affirms that they deserve equal treatment under the law. This victory demonstrates the importance of access to marriage, and gives married same-sex couples access to the tangible benefits of the federal safety net, allowing them to better protect one another and their children.

References

Freedom Of Information Act. (n.d.). Retrieved from http://www.ct.gov/ website: http://www.ct.gov/foi/ cwp/view.asp?a=4161&Q=488540&foiNav=%7C
Law. (n.d.). Retrieved April 19, 2015, from http://www.researchomatic.com website: http://www.researchomatic.com/law-122742.html

Laws and Policies. (n.d.). Retrieved April 19, 2015, from http://www.fws.gov/ website: http://www.fws.gov/endangered/laws-policies/policy-distinct-vertebrate.html Payment to States for construction. (n.d.). Retrieved April 19, 2015, from https://www.law.cornell.edu/ website: https://www.law.cornell.edu/uscode/text/23/121
CHAPTER 392* REAL ESTATE BROKERS AND SALESPERSONS. (n.d.). Retrieved April 19, 2015, from http://www.cga.ct.gov website: http://www.cga.ct.gov/current/pub/chap_392.htm#sec_20-312

New Haven, CT. (n.d.). Retrieved April 19, 2015, from https://www.municode.com website: https://www.municode.com/library/ct/new_haven/codes/ code_of_ordinances?searchRequest=%7B%22searchText%22:%22noise%22,%22pageNum%22:1,%22resultsPerPage%22 :25,%22booleanSearch%22:false,%22stemming%22:true,%22fuzzy%22:false,%22synonym%22:false,%22contentTyp es%22:%5B%22CODES%22%5D,%22productIds%22:%5B%5D%7D&nodeId=TITIIICOGEOR_CH18OFMIPR_ARTIINOCO_S18-76HIB ANOLEIMNO DOMA. (n.d.). Retrieved April 19, 2015, from http://www.lambdalegal.org website: http://www.lambdalegal.org/publications/after-doma-summary

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