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Kaplan Ch2
Answer no 1
To keep a check on one another’s actions and so neither of legislation can have a control on the entire legislative process.
It keeps the sense of balance in the interest of together big and small States.
Due to the division of power, the legislative process through which the Congress progresses laws tends to become time-consuming. The reason behind it is the high faith on compromising and cooperation rather than being efficient.
Answer no 2
After a bill is introduced into a chamber, it is scrutinized by Standing Committee and Sub Committee. The Sub Committee prepares a draft and holds an open public hearing. Once the bill is accepted, it is then sent back to Standing Committee. After then it is signed by the chamber leader and sent to the President for signing the bill and making it a federal law. If the president vetoes, the bill is sent back to the Congress. Congress can make any bill a law by overriding president's veto if two-thirds of members of each chamber vote to approve it.
Identical bill must be agreed to by both chambers of Congress so it can become a federal law. If it is not agreed upon, then it will not become an act or statute.
Through cooperation, engagement, compromise the legislators can pass a bill and make it a federal law. If Congress wants to pass a bill, it must persuade the president of its merits, similarly, if Presidents wants Congress to pass must persuade Congress of its merits.
If a bill is vetoed by President, it cannot be enacted into a law. President must sign, veto or return a bill back to Congress within 10 days. If he fails to do so, then the bill will be enacted into law.
Answer no 3
So they can carry out their legislative functions as they are representatives of the people of the States. Treason, felony and breach of peace are not ignored by the law enforcement agencies.
Answer no 4
Caption, which is the title of the opinion, if followed by citation which sets forth the volume and page number of the book in which the opinion is published.
Heart of Atlanta Motel was the Appellant. United States Department of Justice was the Appellee
The motel was refusing to rent rooms and provide accommodations to Negroes, and it was alleged that the Motel intended to do so further on. The appellee argued that the motel was not following the Commerce clause and that by doing so the Congress has the power to remove such obstructions and restraints.
The Congress was legislating against moral wrongs in many areas. In framing Title II of this act, Congress was also dealing with what it considered a moral wrong. The Motel and Congress both had their own views. It was the burden of discrimination that led Congress to enact appropriate legislation and gave the base for exercising its powers and authority.
The power of the Congress over interstate commerce is not confined to the regulation of commerce among states. It extends to those activities intrastate which so affect interstate commerce or the exercise of the power of the Congress over it.
U.S. Supreme Court ruled that in passing Title II of the Civil Rights Act (1964), which prohibited segregation or discrimination in places of public accommodation involved in interstate commerce, the U.S. Congress did not exceed the regulatory authority granted to it by the commerce clause of Article I of the U.S. Constitution.
Civil rights act allowed every person the right to live freely. This sole act was the decision-making factor for the Supreme Court ruling. The discrimination factor had to be solved as the Negroes were not allowed accommodation at the Heat of Atlanta Motel. The Civil Rights Act, a federal law, completely disagreed with such statement of the Motel and allowed Supreme Court to analyze the laws and apply on the legal issue.
Heart of Atlanta held that Congress exceeded its power to regulate commerce under Art, I, 8, cl.3, of the constitution of the United States. Since the motel was positioned near Interstates 75 and 85 and received most of its business from outside Georgia, this showed that it had an impact on interstate commerce, which is all that is needed to justify Congress in exercising the Commerce Clause power.
The case was ruled in favor of Congress.
This case will have a very positive effect in the future cases. This ruling can help make decisions faster and with more accuracy. This case provided the basis for such kind of cases and even shows that discrimination is an ill concept and discriminative measures must be dealt with iron hands at all stages.
Answer no 5
The defendant argued Gun-Free School Zones Act exceeded Congress's commerce clause authority because mere possession of a gun was not a commercial activity.
The federal government defended the law as a valid exercise of Congress’s commerce clause authority because guns purchased and sold in interstate commerce were used to commit crimes near schools.
The Gun-Free School Zones Act of 1900 made it a federal offense for any individual to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.
The act neither regulates a commercial activity nor contains a requirement that the possession be connected in any way to interstate commerce. The possession of a gun in a local school zone is in no sense an economic activity that affect any sort of interstate commerce. Responded was a local student at a local school, there was no indication that the student moved in interstate commerce recently and that the student’s possession of firearm has any relation to interstate commerce.
Answer no 6
Both cases are different in nature. The Civil Rights Act was being obstructed as Negroes were not given any sort of accommodation. This case was made on discrimination bases. While the Lopez case was totally different from the first one. The student Lopez was not involved in any sort of commercial activity nor was he moving in the state to carry out criminal activities. Both cases revolved around commerce clause and allows Congress to exercise its powers and authority, but the Heart of Atlanta Motel case was discriminating so the ruling came against the Motel.
Interstate means between states, the commercial activities held between states while intrastate means activities within a specific state. Intrastate and interstate commerce defines the scope of authority the commerce clause holds on commercial activities. These cases define how the Congress can use the commerce clause for activities being held in the state and between states.
Answer no 7
The necessary and proper clause is placed among the powers of Congress, not among the limitations on those powers. Its terms purport to enlarge, not to diminish the powers vested in the government. It purports to be additional power not a restriction on those already granted.
Answer no 8
The states have no power no tax, to burden, to retard, impede or in any matter control the operations of the constitutional law enacted by Congress to carry into execution of the powers vested in the federal government. This is the unavoidable supremacy which the constitution has declared and given to the Federal Government.
Answer no 9
This article prohibited Congress to further import slaves. It suppressed the powers of importation of slaves
Section 9 Suspension Clause grants prisoners to challenge their imprisonment and prohibits Congress from cancelling the writ of habeas corpus. Prohibitions against taxing states disproportionately, passing laws that favor one state over another, taxing goods exported between states and granting titles of nobility.
Answer no 10
Section 10 specifies that no state enter into treaty or alliance, coin money, emit bills of credit, pass any bill of attainder, ex post facto law, make anything but gold and silver coin a tender in payment of debt and grant any title of nobility.
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