...jurisdiction in this case. C is this correct? So. Pacific Co. v Arizona (1945) demonstrates that state laws might violate the Commerce Clause even when in-state and out-of-state commerce are treated equally. The case involved a challenge to Arizona's law prohibiting trains from crossing the state that contained more than 70 freight cars. Southern Pacific complained that the law required them to choose between disassembling at the Arizona border larger trains, making two runs across the state, and then reassembling the trains or avoiding Arizona altogether. Arizona argued the law was a safety measure designed to minimize the risk of "slack action" accidents to which longer trains are susceptible. The Court applied a test that balanced the state's safety interest against what it saw as the very substantial burden the law imposed on interstate commerce. The law was struck down. The same test was used in 1959 to strike down an Illinois law requiring trucks to have contoured rear fender mudguards rather than the straight mud guard flaps required by most other states (Bibb v Navajo Freight) and in 1978 to invalidate a Wisconsin law that limited truck length to 55 feet at a time when most long haul truck lines had gone to 65 foot trucks (Raymond Motor Transportation v Rice). http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/statecommerce.htm The issue is what limitations does the Commerce Clause place on...
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...the states, has increased since the ratification of the Constitution in 1791. Describe how the provisions within the Constitution pertaining to the ‘power to tax and spend’ (Art.1, sec.8, pt.1) and the ‘commerce clause’ (Art.1, sec.8, pt.3) have been used over time to expand federal power and thus the power of the President. “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” (Declaration of Independence, n.d.). Taken adapted from the scholar John Locke’s “Life Liberty and Estate” in his text the ‘Second Treatise of Government’, (Locke, J. 2005) and incorporated into the United States declaration of independence. Much has been said on the influence of Locke, on Thomas Jefferson during the drafting of the United States declaration of independence, such as was argued by McKay, (2005 pp. 44) . However, where Locke emphasized the importance of procuring and maintaining a limited government, it appears his influences on the political foundation of the United States drew to a halt here. As we are now bearing witness, to one of the most rapidly expanding government institutions in western liberal democracy. In this essay, I intend to discuss how the expansion of federal government power has increased exponentially, all the while power at the state level has diminished. I also intend to view how the head of the judicial branch...
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...Exam 4 – Essay #1 The United States Congress is a bicameral legislature that was created with the Connecticut Compromise during the Constitutional Convention of 1787. There are two chambers, the House and the Senate, that are directly elected by the people. The role of Congress is to make law. The House creates tax bills and votes to impeach, while the Senate approves treaties, appointments, and votes to convict the impeached. The Senate is considered the “upper house” because it is more exclusive as there are only 100 members as compared to 435 members of the House. To be a Senator, one must be thirty years of age and a U.S. citizen for at least nine years. House members must be twenty-five years of age and a citizen for only seven years. Another reason the Senate more exclusive is that their term is six years long, but members of the House are up for re-election every two years. Although the Congress is comprised mostly of white males, the number of women, African Americans, and Latinos has increased dramatically since 1991. Each chamber in Congress greatly differs in the people they represent. Members of the House are elected from districts that are apportioned according to how many people live in the area, while there are two Senators from each state regardless of the population of that state. Members of the House usually deal more with local issues, because their constituents are from a specific area, usually relatively small compared to the size of the state. Senators...
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...Essay on Federalism Your Name School/College/Course Name INTRODUCTION TO FEDERALISM : The Tenth Amendment to the Constitution (ratified in 1971) states the basic principle of the system of Federalism in America, saying "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” (Hayes). Federalism is thus a system wherein a written constitution bestows powers to a central government and regional or sub-divisional governments. Both types of governments retain a significant amount of authority, being autonomous in nature and possessing the power to act directly upon the people through their officials and laws. Power sharing is done by granting delegated powers, concurrent powers and reserved powers to the national government, national and state governments, and state governments respectively. For instance, determination of foreign policy, power to make treaties and declare wars, control imports and exports, and printing money is done by the federal government. On the other hand, state and federal governments share responsibilities such as taxation, business regulation, environmental protection, and civil rights. At the Constitutional Convention of 1788, the Federalists and the Anti-Federalists were undecided on which style of government would suit America best. They debated over the actual scope of national authority versus the protections of individual rights. While...
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...Habeas Corpus and the War on Terror POL 201 American National Government The recent War on Terror has caused quite a stir. Many patriotic Americans are now on guard even though the main character in the War on Terror, Osama Bin Laden, has been caught and executed. Many other “terrorists” have been arrested and detained at a prison at Guantanamo Bay in Cuba. This raises the question of whether they are being detained legally or not. One issue is the concept of habeus corpus. This essay will briefly outline the war on terror and demonstrate the concept of habeus corpus and what it means for detainees at Guantanamo Bay. The War on Terror may have begun with the bombings of two US embassies in East Africa in the countries of Kenya and Tanzania in 1998. At the time, it was uncertain who caused the attack or why it happened. “Two bombs with a single message: don't forget the world's superpower still has enemies, secret, violent and determined. America is ever a target, its embassies and installations abroad inviting symbols of its power See, say the bombers, despite your enormous wealth and strength, we can still inflict a great hurt” (McGreary, 1998). This message suggested that there was more terror on the horizon. The author remembers this well as he went to Kenya in 1998 and returned from his trip two days before the US Embassy was bombed there. Many Americans may have forgotten about these attacks when, three years later, the United States was attacked on its...
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...assistance from many people and I am extremely fortunate to have got this all along the completion of my project work. I respect and thank Mr. Aravindan Anandan , for giving me an opportunity to do the project work on “RIGHT TO FORM ASSOCIATION & REASONABLE RESTRICTION ON IT” and providing support and guidance which made me complete the project on time. I am extremely grateful to him for providing such a nice support and guidance though he is having a busy schedule in managing the college affairs. I would not forget to remember Mr. ANURAG PANDEY , my senior who gave constructive ideas for the project and helped me with the presentation part of the project. I am thankful to and fortunate enough to get constant encouragement, support and guidance from my parents who helped me in successfully completing our project work. Also, I would like to extend our sincere regards to the staff of department of library for their timely support. TABLE OF CONTENTS :CHAPTER – 1 : INTRDUCTION RIGHT TO FORM ASSOCIATION RIGHT OF ASSOCIATION AND GOVERNMENT EMPLOYEES RIGHT TO FORM ASSOCIATION AND ARMED FORCES REASONABLE RESTRICTION CHAPTER – 2 : GROUNDS ON WHICH RESTRICTION IS IMPOSED SOVEREIGNTY & INTEGRITY OF INDIA PUBLIC ORDER MORALITY CHAPTER – 3 : WHY RESONABLE RESTRICTION IS NEEDED CHAPTER – 4 : PROCEDURE FOR THE RESTRICTION CONCLUSION BIBLIOGRAPHY Introduction :- RIGHT TO FORM ASSOCIATION :- It is a fundamental Right given in the Constitution Of India under Article 19 (1)(c)...
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...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 by and in whose interest. 11. Ch01-011-p011 In an oligarchy, rule is by b. the few. 12. Ch01-012-p011 American political culture embodies many key concepts including I. absolute...
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...Constitution From Wikipedia, the free encyclopedia For other uses, see Constitution (disambiguation). A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e.constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a writtenconstitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that 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...
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... Modern day, habeas corpus is mainly used as a solution prior to conviction for state and federal prisoners who challenge the legality of the application of federal laws that were used in judicial proceedings that resulted in the detainment of the individual ( Kavarsky,2014). This essay will examine the evolution of habeas corpus in the United States, how it affects civil liberties, and its effects on the war on terror. The most famous habeas corpus case was that of slave Dred Scott, who attempted to sue for his freedom. Earlier another slave by the name of James Somersett ran away from his master while in England. He was later captured but supporters obtained a writ of habeas corpus that required his captors to produce Sommersett in court where he sued for his freedom. Almost a century later, Dred Scott petitioned the U.S Federal Courts for a writ of habeas corpus. It was granted and later upheld in a court of appeals in 1857, in one of the most controversial cases in American history. The Supreme Court ruled Scott Seven to Two. The court found that no slave or descendent of a slave could be an American citizen, and so Scott was not considered a “person” within the purview of the constitution. Therefore he did not possess the rights of habeas corpus (McElroy.2009). Habeas Corpus or translated as “you should have the body” first appeared in the Magna Carta of 1215 and is the oldest human right in the history of English-Speaking civilization. The doctrine of habeas...
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...OF FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY (CHAPTER 2) 1999 CONSTITUTION OF NIGERIA AND THE 1992 CONSTITUTION OF GHANA. PRESENTED BY: IWEBAFA GIFT ODIBO MAY 2014 I. Introduction Chapter two of the Nigerian Constitution of 1999 (as Amended) and Chapter Six of the Ghanian Constitution of 1992, both made provisions for the Fundamental Objectives and Directive Principles of State Policy, which are intended to guide all citizens, Parliament, the President, the Judiciary, the Council of State, the Cabinet, political parties, and other bodies and persons in applying or interpreting the Constitution or any other laws.[1] The directive principles cover political objectives, economic objectives, social objectives, educational objectives, cultural objectives, international relations, and duties of citizens. The main issue that relates to the directive principles is their constitutional status; whether they are justiciable or not justiciable and this is applicable to both Ghana and Nigeria. A policy is a guide to the achievement of an objective. By constitutional policy, we mean the principles and objectives set out in the Constitution of the Federal Republic of Nigeria of 1999 (CFRN 1999) which act as a guide to achieving governmental objectives. A government without a guide is like an aircraft without a compass. In the words of Oguntade (JSC), the Constitution is the very foundation and structure upon which the existence of all organs of governance...
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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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...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 all other powers. The relationship between the national government and the state governments is a partnership—neither partner is superior to the other except within the particular area of exclusive authority granted to it under the Constitution. B. The Separation of Powers Deriving power from the Constitution, each of the three governmental branches (the executive...
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...seek, receive and impart information and ideas through any media regardless of frontiers”. This assignment seeks to find (if any) impartiality between the freedom of expression and the law of sedition. Sedition and Freedom of expression and the Press in Nigeria The offence of sedition attempts to strike a balance between Freedom of Expression as enshrined in section 39(1) of the 1999 Constitution (as amended) and the security of the state. But, in discussing or criticizing government, a person or the press is allowed to keep his opinions within the limits of fair criticism. What is not permitted is to criticize the government in a malignant manner. For such attacks, by their nature tend to affect the public peace: DPP v. Obi. Therefore, what the offence of sedition seeks to achieve is the prevention of an unconstitutional overthrow of government or a breach of peace through virulent and malignant attacks on the government or a class. In DPP v. Chike Obi, the question raised was whether the offence of sedition in section 51 of the Criminal Code has not been invalidated by the provisions of the constitution in favour of...
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...INDEX: INTRODUCTION__________________________________________________________________ ARE PERSONAL LAWS REALLY LAWS? _______________________________________________ ARE PERSONAL LAWS SUBJECT TO PART III OF THE CONSTITUTION? _______________________ TYPES OF SUCCESSION___________________________________________________________ WHO IS A HINDU?_______________________________________________________________ BEFORE HINDU SUCCESSION ACT__________________________________________________ INTRODCUTION TO HINDU SUCCESSION ACT, 1956____________________________________ CONSTITUTIONAL VALIDITY OF: 2005 AMENDMENT…………………………………………………………………………………………………………………. SECTION 6, HSA………………………………………………………………………………………………………………………….. SECTION 7, HSA………………………………………………………………………………………………………………………………… SECTION 14, HSA…………………………………………………………………………………………………………………………….. SECTION 15 &16, HSA…………………………………………………………………………………………………………………….. OPINION_________________________________________________________________________ CONCLUSION______________________________________________________________________ INTRODUCTION: Through this paper, I want to analyse the constitutional validity of various provisions of the Hindu Succession act, 1956 , which is a personal law applicable to Hindu citizens of India. I have attempted to briefly explain how the flaws in the said act pose a constitutional challenge and have also tried arriving at a solution for the same. ARE PERSONAL LAWS REALLY LAWS? Personal laws are laws...
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...Chapter Three Federalism: Forging a Nation Chapter Outline I. Federalism: National and State Sovereignty A. The Argument for Federalism 1. Protecting Liberty 2. Moderating the Power of Government 3. Strengthening the Union B. The Powers of the Nation 1. Enumerated Powers 2. Implied Powers C. The Powers of the States II. Federalism in Historical Perspective A. An Indestructible Union (1789–1865) 1. The Nationalist View: McCulloch v. Maryland 2. The States’ Rights View: The Dred Scott Decision B. Dual Federalism and Laissez-Faire Capitalism (1865–1937) 1. The Fourteenth Amendment and State Discretion 2. Judicial Protection of Business 3. National Authority Prevails C. Toward National Citizenship III. Federalism Today A. Interdependency and Intergovernmental Relations B. Government Revenues and Intergovernmental Relations 1. Fiscal Federalism 2. Categorical and Block Grants C. Devolution 1. The Republican Revolution 2. Devolution, Judicial Style IV. The Public’s...
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