Constitution & Governmental Gridlock
Constitutional Change #1
A constitutional amendment is needed to overturn the Supreme Court ruling in Citizens United, Appellant v. Federal Election Commission. In this case, the United States Supreme Court held that the First Amendment prohibits the government from restricting political independent expenditures by corporations, associations, or labor unions. Corporations aren't people. Only people are people. The United States District Court for the District of Columbia reversed a provision of the Bipartisan Campaign Reform Act (BCRA) prohibiting unions, corporations and not-for-profit organizations from broadcasting electioneering communications within 60 days of a general election or 30 days of a primary election that held these actions violate the free speech clause of the First Amendment to the United States Constitution. Yet two-thirds of American small business owners say that Citizens United hurts their business, but only nine percent of the small businesses polled said that it was a positive law. An important reason for this divide is that the Supreme Court ruing in Citizens United gives corporations the right to contribute to political campaigns without restrictions and in the same manner as individual American citizens. The deep pockets of corporations enable them to, in essence, buy votes and have inordinate...
What is interesting about this decision is how the Supreme Court was able to draw a fine line that allowed the rule of law to continue, yet not to such a point that it would interfere with Congress' post-war actions in the now occupied South. At the time of the decision, Congress was held by a Republican majority. What this case holds is that because the South seceded, during the
The Virginia debates over ratification highlight two key issues which are still subject to debate today: the power of the state vs. The power of the government and whether more government enhances our liberties or suppresses them. Anti-federalists pointed to taxation by both state and federal bodies as an example of the "dangerous principles" that the constitution could represent (Graebner and Richards 143). Federalists in turn defended the document by
It is reasonable to conclude, therefore, that Congress has enacted sufficient regulation on business communication. Given that businesses are comprised of individuals who are subject to First Amendment protection, for the government to treat business communication as distinct from personal communication, however noble the idea in spirit, creates a conflict that is not easily reconciled. If anything, reconciliation of this conflict will see a further reduction on the limits
This essay provides a brief overview of several of the key factors in conflict of laws, including the areas where choice of law is likely to be at issue. Domicile Domicile is one of the key factors in choice of law. Domicile is not the same as location. Instead, domicile is a legal fiction connecting a person to a location for a specific purpose. Domicile impacts jurisdiction and choice of law.
The Constitution is based on several key principals the most notable would include: separation of powers as well as checks and balances. Separation of powers is when there are clearly defined powers that are given to the various branches of: the government, the federal government and the states. Checks and balances is when one branch of the government will have the power to the check the authority of another
Intellectual Property RightsQuestion 1Copyright is arguably all about originality, whether one looks at it from a civil law or from a common law perspective. How is that assessment to be reconciled with the fact that the word �originality� does not appear in the Berne Convention? Discuss.Copyright law is concerned with the protection of original works of authorship. In the United States, copyright law is enshrined in the Constitution, which gives
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