...California State Constitution v. U.S. Constitution HIS/301 William Liesman September 4, 2012 California State Constitution v. U.S. Constitution Monterey, California; the year was 1849 a group of Californians gathered at their first Constitutional convention to talk and construct a government to maintain law and order. In October 1849 a California State Constitution was adopted, outlining founding principles as a territory. Once California became a State in 1850 the newly adopted Constitution remained in place up to present day. ("Teachergenius", 2012). The California Constitution is similar in many ways to the United States Constitution. Example of this is; Article III California Constitution divided State Government into three branches: Legislative, Executive, and Judicial, the same as the U.S. Constitution. ("Teachergenius", 2012). There also are many differences between the two Constitutions. First; the California Constitution allows the Governor to line veto bills that have been submitted for approval, this means that the governor can accept some parts of the bill and delete other parts, and the President of the United States can only veto the entire bill. ("National Constitution Center", 2012). Second difference is; the Lieutenant Governor, which is equivalent to the U.S. Vice President, is elected by the voters separately from the State Governor, according to Article V (Executive Department). In the U.S. Constitution the President...
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...The U.S. Constitution: The First of Its Kind I still remember being in an eighth grade U.S. History class back in my junior high years. One distinct memory of that course, perhaps the most memorable of all the projects we had, came in the first month of the school year, in the curriculum’s first unit: the founding of the United States as its own nation. As the textbook timeline approached 1787 we prepared ourselves for a daunting task: memorize and recite the Preamble of the U.S. Constitution. We as students would wait anxiously as, one by one, each of our peers would step up to the front of the classroom and begin to recite from memory. Few people could recite the Preamble smoothly, but for those who stumbled, we all seemed to remember perfectly the first and last chunks: “We the People of the United States, in order to form a more perfect union…” and “…do ordain and establish this Constitution for the United States of America.” To us back in eighth grade, that missing middle section was just a group of words to be more-or-less forgotten the next day. To our forefathers, however, that middle section was vital in creating the basis for the supreme law of the United States. Much like my peers and I in the eighth grade, our forefathers who assembled 226 years ago were faced with a daunting task for the state that they were in. At this point in our history, America was a newborn in the world, only eleven years of age. Now left without the common cause that the Revolutionary War...
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...On Hertzberg and the Revamp of the U.S. Constitution Since its inception, the United States Constitution has been subjected to series of amendments over different time periods. Robert A. Dahl, in his book entitled How Democratic Is the American Constitution (2001), goes beyond discussing the relatively common pattern of constitutional amendment by arguing that major changes may be necessary to rescue the Constitution from its long-standing defects. Reviewing Dahl’s work through the essay “Framed Up: What the Constitution Gets Wrong,” author Hendrik Hertzberg traces the undesirable historical and political implications of the structure and content of the Constitution. Affirming Dahl’s position, Hertzberg suggests that the U.S. Constitution is a historically imperfect document with certain loopholes in its language, provisions, and direction, which allow undemocratic structures/processes and inefficiencies in government. While Hertzberg’s direct arguments are generally persuasive, the implicit suggestions of his views regarding the flaws and less favourable implications of the U.S. Constitution provide stronger support for introducing major changes into this document. As suggested earlier, it not difficult to agree with Hertzberg’s assumptions that the U.S. Constitution needs to be overhauled. Hertzberg identifies a historical ground for justifying substantial changes to the Constitution: individual Amendments were inadequate in defining the tasks and limitations of the judiciary...
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...Phoenix Material Influences on the Constitution Table Write one or two paragraphs in each section. Include citations for your sources. Documents | Summary | What was its influence on the Constitution? | Magna Carta | Issued by King John of England in 1215 when Englishmen went to the colonies they were given charters that guaranteed them and their heirs would “have and enjoy all liberties and immunities of free and natural subjects.” The document clearly stated that no free man could be prosecuted by any means other than the law of the land. ReferenceAll About History (unkn) The Magna Carta. Retrieved from http://www.archives.gov/exhibits/featured_documents/magna_carta/ on June 6, 2011. | This was used as a template 575 years later in the Bill of Rights toward the fifth amendment. The fifth amendment guarantees “No person shall… be deprived of life, liberty, or property, without due process of law.” | Mayflower Compact | Drawn up by the 41 adult males from the Mayflower, the new settlers from Plymouth created a contract with fair and equal laws, for the “general good”. The Mayflower settlers knew from previous attempts without some type of government they would fail. It allowed them to practice Protestant instead of the Church of England and other liberties without command. ReferenceFeatured Documents (unkn) The Mayflower Compact. Retrieved from http://www.allabouthistory.org/mayflower-compact.htm on June 6, 2011. | The Constitution was created on the same bases as...
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...UNIQUE FEATURES OF THE CONSTITUTION OF INDIA Introduction India is indeed a unique country with its diversity in religion, caste, creed, race and languages. In no other country, its natives are so different and varied. In some countries like U.S., people belonging to different countries have settled down there. They could not be called as natives of U.S. In India its natives are so dissimilar yet they are one. Naturally the constitution of such a unique country as India is also unique. The size of the constitution It is the largest of all constitutions in the world. Initially the constitution had 395 articles and 8 schedules. At present it contains 395 Articles and 12 Schedules, and more than 80 amendments. The following are the reasons for its bulk nature. a) borrowed from several other constitutions of the world. b) The vastness of the country and its population size and diversity, compelled the framers of the constitution to make provisions for the protection and promotion of the interests of different regions and groups in the country like scheduled castes, Scheduled Tribes and backward regions. c) elaborate on centre-state relations in all aspects of their administrative and other activities. Thus, the Constitution of India became a lengthy one Partly Rigid and Partly Flexible Pandit Nehru expressed, "While we want the Constitution to be as solid and permanent as we can make it, there is no permanence in Constitution. There should be certain flexibility. If...
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...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 written constitution; 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 Convention of 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]...
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...Branches of the Government Learning Team D HIS 301 Professor Bruce Franklin Branches of the Government “Historically, the concept of Separation of Powers dates back as far as ancient Greece. The concepts were refined by contemporaries of the Framers, and those refinements influenced the establishment of the three branches in the Constitution” (Mount, 2014). The idea of a separation of powers first appeared in the political philosophy of Montesquieu. He advocated for a government where each branch had clear cut rules on what they could and could not do. This idea of a separation of government, or a government that was for the people would be perpetuated by other philosophers throughout the Enlightenment era. The founding fathers sought to create the United States government in the same way. Each branch is empowered with distinct powers. The government is set up this way in order to prevent abuse of power. Each branch is able to exercise a form of control over each other. Within the constitution are articles. Within each article, it outlines the separations of powers for each branch of the government. Article one outlines The Legislative. Which is made up of The Senate and the House of Representatives Article two is composed of The Executive branch. This entails the President, his Vice-President and the state departments. Article three explains the judicial branch. This also covers federal and the Supreme Court. With this kind of system in place, it creates a kind of...
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...as “ a body of rules of action or conduct prescribed by controlling authority and having legal binding force”(Melvin 2011). The purposes of law on a day-to-day basis is to provide for some system of order that defines crimes and levies punishment for violation of the crimes, there are many other purposes of recognizing a uniform system of laws. The legal system in the United States is very complicated, but can be broken into different categories such as: statutes, constitutions, administrative decisions and regulations to name a few. Terms you may hear in business and society are: constitutional, common law and administrative law. Constitutional law is the foundation for all other laws in the United States and is the supreme law of the land. It works in tandem with other sources of law in three broad areas: 1. establishing structure for federal and state governments and rules for amending the constitution, 2. Granting specific power for different branches of government and 3. Providing procedural protections for U.S. citizens from government actions. Common law is law made by courts, which is based on fundamentals of previous cases. It is not passed by legislature. Common law is made up of principles of law based on a just resolution of disputes between parties. Business managers and owners should know the impact of constitutional law and the protection of individuals and business entities across a wide spectrum of...
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...two and three, a person must only meet one of the three descriptions in order to be disqualified from receiving benefits. 4. Exceptions apply only to the first part, (1), which relates to a person voluntarily quitting a job. These exceptions clarify that benefits shall not be denied “solely on the basis of pregnancy or the termination of pregnancy;” if the person left the job due to evidenced domestic abuse; or if relocation was necessary because of a spouse’s military service orders. 5. N.M. Stat. Ann. § 51-1-7 (2011). 6. According to “Case Law: Lawmaker’s Don’t Make All the Laws,” the simplest way to explain the difference between statutes and case law is to say that “statutes are laws passed by legislatures, such as the U.S. Congress or your state lawmakers” (2015) while case law are “the rules of...
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...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...
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...Gun control The U.S. should not have gun control laws. The Second Amendment to the Constitution states that, “A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” This amendment has been around since 1791, and there has been gun control almost as long as it's been around. The National Rifle Association is an advocate of the Second Amendment and an opponent of those who propose restrictions on guns. Even Presidents Reagan and Bush are members, and Nixon, Eisenhower, and Kennedy were also members. Why do people feel the need to own a handgun? One reason is heritage. For as long as this country has been around, there have been gun owners, to defend themselves and to hunt for food. Buying, owning, or carrying a handgun doesn't hurt anyone. Until a person commits a crime, he/she is free to choose what he/she wants to do. Even if guns were completely banned from the U.S.A., people would still find a way to get them. Criminals would get guns. They would have their way, and there would be nothing we could do about it. We would have no way to defend ourselves. What is gun control to you? To me, it is the unconstitutional regulation and banning of guns to try to keep the crime ...
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...Democracy & Constitutionalism in South Asia: The Bangladesh Experience Gowher Rizvi Ash Institute for Democratic Governance & Innovation Kennedy School of Government Harvard University Today democracy is a universal aspiration. Even the military dictatorships and authoritarian communist regimes seek to cloak themselves with democratic trappings and pretensions. To judge by the list of countries those that have held some sort of ‘popular elections’ to validate their regimes, there are very few governments around the world that would not be termed democratic. Under the rules of electoral head counting it would perhaps be impossible not to accord democratic status even to states like Iraq or Pakistan or North Korea. The leaders in all of these countries and numerous others have sought to legitimize their rule through varying degrees of popular ‘mandates’ and ‘endorsements’. Yet very few of these countries would actually be considered democratic if they were subjected to the more rigorous tests of constitutionalism. Popular elections and renewal of popular mandates are essential, but not sufficient, conditions for democracy. At best, a free and fair popular election is one step in the process of a constitutional democratic government. Constitutionalism, like democracy, is a dynamic and complex concept that is constantly evolving. Although there have been changes in emphases and its nuances, the core of constitutionalism has remained constant over time: constitutionalism is about...
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...Role and Functions of Law Paper Amour Grace LAW/ 421 February 12, 2015 Kealin Culbreath Role and Functions of Law Paper Define the functions and role of law in business and society The functions and role of law in business and society is to protect people and the environment, to balance and limit conflict between the business enity and the consumers. We have different functions of protection which are to the consumers (rights and interest), business owners, environment, and commerce and trade. As a functioning business owner, it is your job to protect the consumer and also yourself. As a business owner you want to protect your assets and comply with the state and federal regulations that are set in place, so that you do not in up in a lawsuit battle like Cipollone v. Leggett Group, Inc. In the case of Cipollone v. Leggett Group, Inc., Cipollone file a complaint against The Leggett Group, Inc. due to the Cipollone family believing that the company was being fraudulent with its warning label on the tobacco container that read “Warning: The Surgeon General has determined that cigarette smoking is dangerous to your health.”, which he feels is the reason why his mother died of lung cancer. His mother and he decided that the Surgeon General’s warning was too vague and did not warn her of the lung cancer hazard that she was diagnosed with. Consumers as well as business owners need to be aware of consumers and their rights, so those issues do not become a problem that causes...
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...U.S. History Mr. Parnell Jefferson’s Dilemma In the spring of 1803 the United States was offered the opportunity to double its land size by purchasing the Louisiana Territory from the French. During this time Thomas Jefferson was in office serving as our 3rd president. Along with the decision of purchasing the land, Jefferson faced many other difficulties that could have both positive and negative effects on the United States. After hearing word that the Territory had shifted out of Spain’s hands in 1802, Jefferson knew he had to act while Napoleon Buonaparte was still in control of the land. Jefferson did not want to form an alliance with Britain but at the same time he did not want to go to war with France, he had to be vigilant in...
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...Supremacy Clause The case of Manufacturers Association v. South Coast Air Quality Management District involves the Clean Air Act, which implements national air pollution standards for fleet vehicles, such as trucks, taxicabs, and buses. In the same manner, the South Coast Air Quality Management District implements its own pollution standards for Los Angele, California. A political entity of California, South Coast implements fleet rules that prohibit the lease or purchase by private and public lease operators of vehicles that do not meet its pollution standards. However, their standards are stricter than those imposed by the federal Clean Air Act. In this regard, although the U.S. District Court and the U.S. Court of Appeals upheld the fleet rules imposed by South Coast, an appeal to the...
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