The opinion of the court pointed to three areas Congress may act under the Commerce Clause. The Supreme Court ruled that Congress can regulate the use of channels of interstate commerce, Congress is also empowered to regulate and protect instrumentalities of interstate commerce, or persons or things in Interstate Commerce, even though the threat may come from interstate activities, and Congress's commerce authority includes the power to regulate those activities having a substantial relation to interstate commerce. It is obvious that Congress had over reached with Gun-Free School Zones Act of
Is it possible that they are correct and others are wrong? Explain your answer. The authors of the video are confident to report this because they simply just believe in it. When you believe in something, of course it makes you confident in your opinions because you think is right. You won’t possibly believe in something that you know is false, right?
Australia was settled by Britain in 1788, therefore our legal system developed from British Law. But as there have been developments in society, it is constantly modified to allow justice to prevail as best possible. Two of the sources of contemporary Australian law do this in different ways. The first source of Australian law is known as ‘Common Law’ which is law made by courts. Common law originated from Britain, as the Normans set out to achieve a unified legal system after the Battle of Hastings in 1066.
The goods as well should be of satisfactory quality. They should be working properly, safe, and with no defects. The seller will be held liable if his good causes damage or injury to the customer. Finally, seller should ensure goods are fit for their purpose (capable of doing what they meant to do). Trade Description Act, 1968: This act states that the descriptions of goods should be accurate and not misleading.
The duty of Congress to promote for the general welfare of the United States immediately precedes the enumerated power to regulate commerce among the states in Article One of the Constitution. Thus, the limitations of commercial power may be associated with the task of promoting for the general welfare. To take the argument a step further, it can then be conceived that the General Welfare Clause endows the national government a power, commercial or not, that is implicitly separate from the enumerated powers when circumstances raise a truly national problem with a resolution that transcends individual states’ abilities. Indeed, during the Great Depression Franklin Roosevelt justified unprecedented commercial legislation with the same interpretive logic as he informed Congress in 1934, “If, as our Constitution tells us, our Federal Government was established among other things ‘to promote the general welfare,’ it is our plain duty to provide for that security upon which welfare depends” (Gillman 458). It should have come as no surprise then that the Wagner and Social Security Acts soon became major parts of the political
Lack of democracy In many ways the US Constitution is an undemocratic document. Many of the founders were scared of democracy because they believed in bad human nature: people are both virtue and self-interest, so simple democracy can’t work (Federalist #55). In general, the constitution was created to protect the minority from the majority. In order to prevent over use of power, faction (#10) and tyranny a separation of power complex structure (also known as “checks and balances” #51) was built (based upon the philosophy of Montesquieu), under which the legislative, executive and judicial branches of government are kept distinct. Philosophers, such as John Locke, supported the principle in their writings, whereas others, such as
Throughout this essay we explored how the expansion of Federal power encroached on States’ rights over time specifically relating to the Commerce Clause, Taxing and Spending Power and the Civil Rights Act of 1964. This essay discussed specific landmark Court cases including Gibbons v. Ogden, Wickard v. Filburn and Hicklin v. Orbeck, McCulloch v. Maryland, South Dakota v. Dole, Affirmative Action and Johnson v. Transportation Agency. This essay also studied government legislation including Agriculture Adjustment Act, Patient Protection and Affordable Care Act. Given the evidence, it stands to reason that our Government’s ability to assert its authority over the several States in many respects is a necessary backbone to building a solid country and keeping it
From my perspective I feel the key issues that were discussed in todays lecture are what a referendum is and the outcomes of the referendum of 1980 and 1995. A referendum can be considered as a vote on a ballot question. this is a direct vote in which is either accepted or rejected in regards to a particular proposal. This may refers to government policy and is a form of Direct democracy. In 1980 the government of quebec had made a public proposal to discus a new agreement with the rest of Canada, based on equal nations and would enable Quebec to acquire power to make its laws as well as maintain with holding Canada economic including common currency.
Such “weasel words” explained in this article show how advertisements easily persuade people to buy their products. Even though advertisers have to be careful with what they say in ads, they are not responsible for how the reader takes it. The article “The Language of Advertising” by Charles A. O’Neill argues Lutz’s idea because he believes that advertisements might indeed be “charming and seductive by far from brainwashing” (370 O’Neill). The main point of this article is to support why everyone thinks for himself or herself and that nobody forces others to agree or disagree with
Being knowledgeable of the situation and potential situations is the true test of the Risk Reduction plan and the Risk Reduction team. Through the simulation, it has been found that diligence in reaction to liabilities does not exonerate the company from liability, or at minimum public accusation and threat of legal action. Minimizing the impact of these types of proceedings is also a goal of the plan. Using Alumina Inc. as the poster child for proactive planning is an exceptional example of why the plan is important. Alumina, Inc. paid out money to a plaintiff based upon threat of lawsuit and hurting its public image (UoP, SIMULATIONS: Business Regulation Simulation, 2009).