Which of the following is not one of the principles of Dual federalism? a. The claim that the national government rules by enumerated powers only. b. Recognition of the dynamic purposes of the national
According to the Commerce Clause the state statute is unconstitutional because it is a burden on interstate commerce to the state of Confusion. This law prohibits B-type hitch fittings. Only one manufacturer in the state of Confusion makes this type of hitch. This creates problems such as expense, complications of trade, time consumption, and business transactions. Because of all these problems along with unconstitutional barriers through this statute, there is a significant chance that Tanya will win this case.
Analysis of the Citizens United v. Federal Election Commission Decision. The Citizens United v. Federal Election Commission decision was the most controversy Supreme Court case of the 21st century. According to the decision, corporation's funding candidate protected is under the First Amendment's free speech principle- that government cannot regulate political speech. The ruling of the Citizens United v. Federal Election Commission classify corporation as people, "donation" to candidate as political speech, and election as a way of expression. Hence, suppressing the "speech" of "people” is unconstitutional.
Dontae caine Lgs 3:30-4:45 4/6/2013 MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISSON GROUNDS THAT THE STOLEN VALOR ACT IS UNCONSTITUTIONAL To: Law partner to the current state of the law From: Dontae Reshard Caine Re: Stolen Valor Act as Unconstitutional Issue: Does the First Amendment protects false statements of fact – made without any apparent intent to defraud or gain anything? If so, what level of protection do they deserve. Six Justices agreed that some protection was warranted, but disagreed as to the amount, and three Justices believe that the First Amendment does not protect such lies at all. Background: The defendant has been charged by criminal complaint with one count of violation of 18U.S.C. § 704, popularly known as the Stolen Valor Act of 2005.
The new Constitution sought to divide the powers of government among the different branches of government to provide a system of checks and balances of power. According to Fisher (2012) “The Constitution vests in Congress the power to regulate foreign commerce, an activity the Framers understood as closely related to the war power. Commercial conflicts between nations were often a cause of war. In 1824 in Gibbons v. Ogden, Chief Justice John Marshall said of the commerce power that "it may be, and often is, used as an instrument of war." Guided by history and republican principles, the framers placed that power and responsibility with Congress” (para
The initial case to examine is DPP v Smith, where the House of Lords held that an objective stance was applicable in establishing oblique intent if a person intended the natural and probable consequence of his actions. However, this legal position was overturned and reversed by the passing of the Criminal Justice Act 1967. Through statute, Parliament intended for s8 of the Criminal Justice Act 1967 to define the meaning of oblique intent, to include that a court or jury, when, ‘determining whether a person has committed an offence- (a) shall not be bound in law to infer that he intended or foresaw a result of his actions by reason only of its being a natural and probable consequence of those actions;’ but more essentially, ‘(b) shall decide whether he did intend or foresee that result by reference to all the evidence, drawing such inferences from the evidence as appear proper in the circumstances.’ The courts ruled that a subjective test be required when determining oblique intent, answering the first two questions given above, but giving rise to a series of consecutive issues regarding the penultimate question: how probable is it that the adverse effect will occur but more essentially, does it have to be virtually certain to occur or does it have to be mere
Held: 1. The Petition Clause does not provide absolute immunity to defendants charged with expressing libelous and damaging falsehoods in petitions to Government officials. Although the value in the right of petition as an important aspect of self-government is beyond question, it does not follow that the Framers of the First Amendment believed that the Petition Clause provided absolute immunity from damages for libel. In 1845 this Court, after reviewing the common law, held in White v. Nicholls, 3 How. 266, that a petition to a Government official was actionable if prompted by "express malice," which was defined as "falsehood and the absence of probable cause," and nothing has been presented to suggest that that holding should be altered.
The controversy of the argument was on the basis that, “there was an inherent connection between the states and the preservation of individual liberty, which is the end of any legitimate government.” Their own argument have invariably created a national government instead of a federal government. This is because “the federal form, which regards the Union as a confederacy of sovereign states, instead of which, they have framed a national government, which regards the Union as a consolidation of the states.” Anti-federalists were against constructing a new constitution and they agreed that without valid amendments the constitution would give the government too much power. This power would then lead to confusion according to the (Centinel 1787) “ The new constitution instead of being panacea or cure of every grievance so delusively represented by its advocated will be found upon examination like Pandora’s box replete with every
What is a case of first impression?! — Binding authority is any source of law that a court must follow when deciding a case. Persuasive authority is when court review persuasive precedents when no binding authority exist.! —Courts can depart from precedents if the precedent is based on a clearly erroneous application of the law. When there is no precedent to base a decision is called first impression.
They invoked the principles applied in the Kable case, which establishes the High Court’s use of Chapter III of the Constitution and the principle of strict separation of judicial power. State legislatures are unable to invest a “State Court with functions or powers which are incompatible with its status as a court vested with federal jurisdiction.” In the case, Hayne J stated the magistrate court must uphold the ‘institutional integrity of the Court … But it is no part of the function of the Magistrates Court under SOCCA to determine what the particular defendant has done, or may do in the future’ According Ratnapala and Crowe “Totani represents a significant extension of the institutional integrity doctrine to state courts other than supreme courts.” However State governments face ongoing challenges in using control orders to combat crime while upholding this ‘institutional integrity’ and ensuring the rights and liberties of citizens are