Since there was costing communication between Chou and BTT about the agreement, it will benefit Chou in the case against BTT. The facts that may weigh against Chou is the fact that there was not a written agreement reached or turned in before the 90 days and his interpretation that the “Strat Deal” e-mail was a misinterpretation of a contract even though the e-mail contains all elements of an actual contract. This may be a problem due to the fact that the exclusive negotiation agreement stipulates no distribution contract can exist without a written contract. 3. Does the fact that the parties were communicating by e-mail have any impact on your analysis in Questions 1 and 2 (above)?
President Woodrow Wilson wrote “the he Constitution of the United States is not a mere lawyers’ document, it is a vehicle of life and its spirit is always the spirit of the age.” One must keep this fact in mind when comparing the Constitution and the Articles of Confederation. There was a vast difference in the “spirit of the age” when these documents were drafted. Coming on the heels of the Declaration of Independence and the war against England, and afraid of a dictatorship or a government that did not listen to its people, the Articles of Confederation (which will be referred to as AoC) were written it a way that gave more power to the states. The problem with this type of government was that it was too difficult to enact or enforce laws and the government could not collect enough taxes to support itself. I believe the Constitution did a better job of protecting liberties, specifically in the areas of the federal court system, representation of the people, and the levy of taxes.
* Define and give an example of separation of powers and checks and balances * Separation of powers- An aspect of the Madisonian Model of government that requires each of the three branched of government to be independent of and to share power with each other so that one cannot control the others. Ex. Executive, Legislative, and Judicial branches of govn’t all separate * Checks and balances- balances power- Important feature of the Constitution which enables each branch of government to constrain the other branched activities in order to prevent any one branch from gaining too much power. * After the American Revolution and under the Articles of Confederation, who started to gain/lose political power? * the wealthy lost power and the low income/farmers
One of the main questions reguarding democracy was, who really has control in a democracy? To answer this question we looked at three different theories, the Majoritarian Theory, the Pluralist Theory, and the Elitist
Nathan Huggins’ “The Deforming Mirror of Truth” goes to great lengths to explain his theory of what the deforming mirror of truth actually is. Huggins refers all the back to the founding fathers when explain this theory. The founding fathers, when framing the United States, decided not to openly address the issues of slavery or race that plagued the nation. Huggins suggested that the founding fathers may have concluded that if the atrocities were not mentioned, then they did not exist. This was just the beginning of the deforming mirror of truth.
People will argue that times have changed and with that, the Constitution needs to change. However, the Constitution is an immortal document. The writers knew that times would change which is why the Constitution can be interpreted in different ways, but not rewritten or changed. The Constitution can be interpreted to fit the needs of a constantly changing culture and people. Barack Obama has failed to recognize the separation of powers and also fails to treat Congress as an equal branch of government.
By doing this it would lead the democracy to a dictatorship. The separation of powers is another way to ensure that checks and balances are being enforced and followed through. Caplan brings the issue of the debate of the meaning of separation of powers, “…the separation of powers means that each branch has exclusive control of matters in its domain or whether the Constitution generally gives Congress and the president overlapping, or blended, powers, all of which are quite extensive but none of which obviously serves as an absolute trump to the other,” (Caplan 21-2) So the presidential power used in the issue of foreign policy has been somewhat validated by this statement
The Evolution of the Commerce Clause Business regulation is one of the most debated features of modern politics. Regulation is commonly known to effect business ability to be competitive in both internal and external markets. The federal government’s ability to regulate business has grown out of the judicial branches’ constant manipulation of the contextual meaning of various elements of the Constitution. The progressive manipulation is a non-debatable fact, but the overall benefits, or consequences is a hotbed for argument. Progressives carrying the belief the importance of a living constitution are pinned up against Originalist who quest to preserve the original founding fathers intentions behind the text of the constitution.
They say, "Obama is the first president to explicitly reject the notion of American exceptionalism--the idea that the United States is historically unique and has always differed from other democracies (Canon 222)." In their view, Obama has transformed America in the wrong way, although he is transformational is this sense. In order to solve the question of transformation, two arguements (one in favor of positive transformation and the other against transformation) are given to portray Obama's
The United States Government When America was in need of a governmental system, the Second Continental Congress drafted a proposal for a new constitution, which soon became ratified, and was known as the Articles of Confederation. Under the Articles of Confederation, the national government was only given power to make peace, coin money, appoint officers for an army, control the post office, and negotiate with Indian tribes. Each state was then given full sovereignty and independence to govern their territory how it pleased. This system of government proved to be inefficient, due to the major problems that it brought forth to the country. The most prevalent issue that the Articles presented, was the lack of a central government.