A question of law concerns the application or interpretation of the law-such as whether flag-burning is a form of speech protected by the First Amendment to the U.S. Constitution. Development: How does jurisdiction relate to persons and property? How does jurisdiction relate to corporate contracts? Particular courts has jurisdiction (can exercise in personal jurisdiction) over any person or business that resides in a certain geographic area. On the other hand, because corporations are considered legal persons, courts use the same principles to determine whether it is fair to exercise jurisdiction over a corporation.
Federalism is included in the Constitution by showing that powers were divided between the central government and the states. In document A the chart describes the powers of the states and Central Government. The Central Government pas the power to regulate trade, declare war, provide the army and the navy, and conduct all foreign relations. The states had powers like setting up school, setting up a local government, hold elections, regulate in-state businesses, and pass laws about marriage and divorce. The Central Government and the states also share some powers like taxes, setting up courts, making laws, enforcing laws, and borrowing money.
Business owners can choose from one of several business options that the Internal Revenue Service’s offer in regards to tax (nbea.org, 2007). Antitrust law is to encourage corporate competition by restricting anti-competitive behavior. An example is a monopolization and, agreeing with a competitor on product price fixing. The antitrust laws require that each company establish prices and other terms on its own, without agreeing with a competitor. The government can stop businesses from merging or force businesses to divide into different companies to encourage competition (nbea.org,
If not why not? The incorporation of the Bill of rights is the process by which American courts have applied portions of the United States Bill of rights to the States ( American goverment and politics today page 114) The second amendment is not incorporated because of precedent; also commented upon the use of selective incorporation doctrine. The seventh circuit wrote how the incorporation is hard to predict (fast.org). The seventh circuit stated that another theme stressed in the debate over incorporation is that the constitution establishes a federal republic where local differences are to be cherished as element of liberty rather than destroyed in order to produce a single nationally applicable rule. 434 words count
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.
Or should I say the unlimited power that is given. The government has set limitations to what they could tax and how much, however two of these limits were open to interpretation: providing for common defense and general welfare. The government becomes its own judge and jury while establishing these criteria, because the budget for common defense is set by the government, as well as the standard for what the general welfare is. As the Constitution says all laws set by the government become "supreme law of the land". The language used in itself is that of a monarchy and did not sit well with
Rebecca Rupley April 19, 2012 “No courts. No justice. No freedom.” The United States’ government is a constitutional democracy. This means that the nation is subjugated under the will of its people, so long as it is in accordance with the U.S. Constitution. In a more concrete understanding, the Constitution of the United States includes those “unalienable rights” initially granted to each citizen in the Declaration of Independence (1776).
How do the rule of law and accountability operate within the United Kingdom constitution? Does the reality match your picture of how a democracy should work? Explain your reasoning drawing on relevant material you have studied. Define Rule of law. The restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws.
At one end of the continuum, political actors can take constitutional forms as a given and make policy decisions under it, filling government offices and exercising government power in (constitutionally) noncontroversial ways. Policymaking seeks to exercise constitutional authority, and its implications for elaborating or altering constitutional meaning are only implicit. At the other end of the spectrum, political actors can engage in revolution and replace the existing constitutional order or document wholesale in favour of a new one. The Articles of Confederation can be displaced in favour of the U.S. Constitution. Less extreme than revolution is creation, which adds new text to a pre-existing Constitution.
Federalism is the theory of government by which political power is divided between a national government and state government, each having their own area of substantive jurisdiction. Within US politics, this refers to the 2 layers of government designed to demonstrate national unity while accommodating for regional diversity. The theory of federalism in the USA represents ‘E Pluribus Unum’ and K.C Wheare describes the system as “The method of dividing powers so that the general and regional governments are each, within a sphere, co-ordinate and independent.” Despite the aims of federalism, there are a number of consequences. Firstly, there are legal consequences. Throughout the USA, there is a huge variety in state laws on such matters as the age at which people can marry, drive a car and have to attend school.