Stretching the commerce clause essay

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Stretching the commerce clause essay

It has a certain minimum content; but the principle is usually invoked in a manner that either assumes, or explicitly asserts, more.

The definition of representative democracy given by John Stuart Mill in the 19th century [1] falls short of describing a system that would satisfy the expectations of citizens in a liberal democracy of the 21st century. We speak as though there are degrees of democracy, and we make contestable claims about those degrees.

Is compulsory voting more or less democratic than optional voting? Is a first-past-the-post electoral system more or less democratic than a system of preferential voting? The minimum formal content of representative democracy may be generally accepted, but the extent of the principle may be in dispute in a given society, and its practical application varies with time and place.

The same can be said of the separation of powers. The nature and degree of separation varies, even among societies that we regard as having comparable systems of government.

The idea of the rule of law has a formal essence, but contestable claims are made about its substantive content in different places or circumstances [2]. My purpose is to examine some features of the way in which the principle of the rule of law affects, and influences the role of, the judicial branch of government in Australia at the beginning of the 21st century.

For that purpose, it is unnecessary to consider the difficult issues that may confront judges in a society in transition, as from an undemocratic to a democratic system, or vice-versa. But issues of that kind are not entirely foreign to us.

Interpretation of Article I

Our own system of law and government has involved transitions. They have been gradual, and peaceful, but substantial. For example, the Supreme Court of New South Wales was established inwhen the colony, which then included the whole of the eastern part of mainland Australia, was in a process of change from military to civilian government.

Chief Justice Forbes had to deal with Governors who were accustomed to command, and who regarded a court as something to be controlled. Inin a letter to the Under-Secretary of State for the Colonies concerning the relationship between the Supreme Court and the Governor, Forbes wrote: That assertion of the rule of law was made by a colonial Chief Justice, in a remote part of the British Empire, writing some 50 years before A.

Again, the gradual changes that occurred, over the 20th century, in Australia's relations with the United Kingdom, and the development of nationhood, presented issues about sovereignty and the source of our basic law. Some of those changes were considered recently by the High Court in Sue v Hill [4].

Phonemic Chart: Big list of words

As an idea about government, the essence of the rule of law is that all authority is subject to, and constrained by, law [5]. The opposing idea is of a state of affairs in which the will of an individual, or a group, such as a Partyis the governing force in a society.

The contrasting concepts are legitimacy and arbitrariness [6]. The word "legitimacy" implies an external legal rule or principle by reference to which authority is constituted, identified, and controlled.

In Australian legal and political discourse, a governing authority could not satisfy the requirements of the rule of law merely by being able to point to a fundamental law which empowered it to act in an arbitrary manner.

The issue is unlikely to be of practical concern, because of our federal Constitution. Even so, it is possible to construct a theoretical example to raise the point. The Parliament of the Commonwealth has power to enact laws with respect to taxation.

That would be a tax. But would it be a law, within the meaning of a Constitution which assumes the rule of law? The contrast between rules of general application, known in advance, and ad hoc decision-making, is a familiar aspect of the concept of law.

Judgments in the High Court of Australia contain numerous assertions of practical conclusions said to be required by the principle of the rule of law.

They include the following: The rule of law is such a powerful rhetorical weapon, both in legal and political argument, that care is needed in its deployment. Nevertheless, the examples just given show the extent to which the principle has been extended judicially beyond its minimum content.

Answers - The Most Trusted Place for Answering Life's Questions WHEN the people of America reflect that they are now called upon to decide a question, which, in its consequences, must prove one of the most important that ever engaged their attention, the propriety of their taking a very comprehensive, as well as a very serious, view of it, will be evident.
Article I - The United States Constitution For as they have been successful in inducing belief, so they have been effective in quenching and stopping inquiry; and have done more harm by spoiling and putting an end to other men's efforts than good by their own.
Background The French established their own as well along the Mississippi River. Many settlers were dissenting Christian groups who came seeking religious freedom.

One reason for this may be that the existence of a written Constitution, which established a federal system of government, has accustomed Australian courts, and, in particular, the High Court, to the application and interpretation of a basic law that defines and limits all governmental power.

Dicey said that Federal government is weak government [21]. The essence of federalism is an agreed division, and therefore limitation, of powers; legislative, executive, and judicial.

That agreement is embodied in an instrument which is legally anterior to, and which confines, all governmental authority. Dicey associated Federalism not only with weakness but also with judicial dominance.

Justice Gummow pointed out in his Clarendon Law Lectures that Dicey was a strong supporter of the Unionists during the movement for Irish Home Rule, and "helped give federalism a bad press in the United Kingdom for over a century" [23].

He also pointed out that Dicey was writing well before the New Deal, which might have cast a different light on the supposed weakness of federalism.Misc thoughts, memories, proto-essays, musings, etc. And on that dread day, the Ineffable One will summon the artificers and makers of graven images, and He will command them to give life to their creations, and failing, they and their creations will be dedicated to the flames.

the big list of words >> leslutinsduphoenix.com a aargh abandon abandoned abbey aberdeen abilities ability able abnormal aboard abolished abolition abortion about above abroad abruptly absence absent absolute absolutely absorb absorbed absorption abstract absurd abuse abused ac academic academics academy accelerated acceleration accent accents accept acceptable acceptance accepted accepting.

Coordinates. The United States of America (USA), commonly known as the United States (U.S. or US) or America, is a country composed of 50 states, a federal district, five major self-governing territories, and various possessions.

Stretching the commerce clause essay

At million square miles ( million km 2), the United States is the world's third- or fourth-largest country by total area and slightly smaller than the entire. Coordinates. The United States of America (USA), commonly known as the United States (U.S.) or America, is a federal republic composed of 50 states, a federal district, five major self-governing territories, and various possessions.

At million square miles ( million km 2), the United States is the world's third- or fourth-largest country by total area and just fractionally smaller than. Biblical coins are a popular segment in the ancient coin hobby.

For many this proves to be a gateway into the wider world of ancient numismatics but most find just owning a coin mentioned in the bible, or even one merely contemporary, an end in itself as a way to connect with that distant but meaningful past.

Essay questions - words each – 3 Essays - Choice 3 out of 5 - 3 x 10 = 30 MARKS Question 1 & 2 - Prose Question 3 – Poetry.

COURTS AND THE RULE OF LAW