Federalism and How it Works

Federalism and How it Works Federalism is the process by which two or more governments share powers over the same geographic area. In the United States, the Constitution grants certain powers to both the U.S. government and the state governments. These powers are granted by the Tenth Amendment, which states, â€Å"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.† Those simple 28 words establish three categories of powers which represent the essence of American federalism: Expressed or â€Å"Enumerated† Powers: Powers granted to the U.S. Congress mainly under Article I, Section 8 of the US Constitution.Reserved Powers: Powers not granted to the federal government in the Constitution and thus reserved to the states.Concurrent Powers: Powers shared by the federal government and the states. For example, Article I, Section 8 of the Constitution  grants the U.S. Congress certain exclusive powers such as coining money, regulating interstate trade and commerce, declaring war, raising an army and navy and to establish laws of immigration. Under the 10th Amendment, powers not specifically listed in the Constitution, like requiring drivers licenses and collecting property taxes, are among the many powers reserved to the states. The line between the powers of the U.S. government and those of the states is usually clear. Sometimes, it is not. Whenever a state governments exercise of power might be in conflict with the Constitution, we end up with a battle of â€Å"states rights† which must often be settled by the Supreme Court. When  there is a conflict between a state and a similar federal law, the federal law and powers supersede state laws and powers. Probably the greatest battle over states rights- segregation- took place during the 1960s civil rights struggle. Segregation: The Supreme Battle for State's Rights In 1954, the Supreme Court in its landmark Brown v. Board of Education decision ruled that separate school facilities based on race are inherently unequal and thus in violation of the 14th Amendment which states, in part: No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. However, several predominately Southern states chose to ignore the Supreme Court’s decision and continued the practice of racial segregation in schools and other public facilities. The states based their stance on the 1896 Supreme Court ruling in Plessy v. Ferguson. In this historic case, the Supreme Court, with only one dissenting vote, ruled racial segregation was not in violation of the 14th Amendment if the separate facilities were substantially equal. In June of 1963, Alabama Governor George Wallace stood in front of the doors of the University of Alabama preventing black students from entering and challenging the federal government to intervene. Later the same day, Wallace gave in to demands by Asst. Attorney Gen. Nicholas Katzenbach and the Alabama National Guard allowing black students Vivian Malone and Jimmy Hood to register. During the rest of 1963, federal courts ordered the integration of black students into public schools throughout the South. In spite of the court orders, and with only 2 percent of Southern black children attending formerly all-white schools, the Civil Rights Act of 1964 authorizing the U.S. Justice Department to initiate school desegregation suits was signed into law by President Lyndon Johnson. A less momentous, but perhaps more illustrative case of a constitutional battle of states rights went before the Supreme Court in November 1999, when the Attorney General of the United States Reno took on the Attorney General of South Carolina Condon. Reno v. Condon - November 1999 The Founding Fathers can certainly be forgiven for forgetting to mention motor vehicles in the Constitution, but by doing so, they granted the power to require and issue drivers licenses to the states under the Tenth Amendment. That much is clear and not at all disputed, but all powers have limits. State departments of motor vehicles (DMV) typically require applicants for drivers licenses to provide personal information including name, address, telephone number, vehicle description, Social Security number, medical information, and a photograph. After learning that many state DMVs were selling this information to individuals and businesses, the U.S. Congress enacted the Drivers Privacy Protection Act of 1994 (DPPA), establishing a regulatory system restricting the states ability to disclose a drivers personal information without the drivers consent. In conflict with the DPPA, South Carolina laws allowed the States DMV to sell this personal information. South Carolinas Attorney General Condon filed a suit claiming that the DPPA violated the Tenth and Eleventh Amendments to the U.S. Constitution. The District Court ruled in favor of South Carolina, declaring the DPPA incompatible with the principles of federalism inherent in the Constitutions division of power between the States and the Federal Government. The District Courts action essentially blocked the U.S. government’s power to enforce the DPPA in South Carolina. This ruling was further upheld by the Fourth District Court of Appeals. United States Attorney General Reno appealed the District Courts decisions to the Supreme Court. On Jan. 12, 2000, the U.S. Supreme Court, in the case of Reno v. Condon, ruled that the DPPA did not violate the Constitution due to the U.S. Congress power to regulate interstate commerce granted to it by Article I, Section 8, clause 3 of the Constitution. According to the Supreme Court, The motor vehicle information which the States have historically sold is used by insurers, manufacturers, direct marketers, and others engaged in interstate commerce to contact drivers with customized solicitations. The information is also used in the stream of interstate commerce by various public and private entities for matters related to interstate motoring. Because drivers personal, identifying information is, in this context, an article of commerce, its sale or release into the interstate stream of business is sufficient to support congressional regulation. So, the Supreme Court upheld the Drivers Privacy Protection Act of 1994, and the States cannot sell our personal drivers license personal information without our permission, which is a good thing. On the other hand, the revenue from those lost sales must be made up in taxes, which is not such a good thing. But, thats how federalism works.

Free Essays on Look at our life today; look how it has changed

Look at our life today; look how it has changed. Just one hundred years ago we could see O’Henry’s little secretaries typing for ten hours a day. Weak and deprived of rights, they could be easily dismissed, experience sexual harassment or encounter health problems. They had nobody to be protected by, nobody to turn to. Dark rooms, bad air, and sitting for whole day. It was cruel, but innocent world. Hours, after work, spent in front of windows of an underwear store, cheap food and little dark rooms with gas lighting in the evenings. When she stepped outside her office, she forgot where she worked, she stayed alone with herself, she was on her own planet, she was in her own world. Today we can see the same girl in front of the same underwear store with a mobile phone in her hand giving orders to bank or suppliers. Life has changed. Rhythm has changed. Conditions have changed. For good or bad? Our little hero can’t be dismissed anymore, just because boss’s wife doesn’t like her. She can’t be forced to make things she doesn’t want to do. There are days when she works for 16 hours, twice more than she should, but she is paid for these hours. Her office is cozy, bright, and comfortable. She can be promoted. She can be sent to learn. She is protected and independent. But no matter where she goes with her mobile phone on her - it’s on. Always. We find ourselves today, at the beginning of the Twenty-first century, in bright well air-conditioned offices, protected by contracts in our pockets and by armies of different employees associations. We have become more productive with the help of personal computers, electronic mail, scanners, facsimile machines, and voice message systems. Our mobile phone can take us out of bed to solve urgent problems. â€Å"Super† clients can keep us at work on the birthday of our little daughter. Where is our privacy? Where is our real life? â€Å"Buying† rules have changed and so have â€Å"sellingï ¿ ½... Free Essays on Look at our life today; look how it has changed Free Essays on Look at our life today; look how it has changed Look at our life today; look how it has changed. Just one hundred years ago we could see O’Henry’s little secretaries typing for ten hours a day. Weak and deprived of rights, they could be easily dismissed, experience sexual harassment or encounter health problems. They had nobody to be protected by, nobody to turn to. Dark rooms, bad air, and sitting for whole day. It was cruel, but innocent world. Hours, after work, spent in front of windows of an underwear store, cheap food and little dark rooms with gas lighting in the evenings. When she stepped outside her office, she forgot where she worked, she stayed alone with herself, she was on her own planet, she was in her own world. Today we can see the same girl in front of the same underwear store with a mobile phone in her hand giving orders to bank or suppliers. Life has changed. Rhythm has changed. Conditions have changed. For good or bad? Our little hero can’t be dismissed anymore, just because boss’s wife doesn’t like her. She can’t be forced to make things she doesn’t want to do. There are days when she works for 16 hours, twice more than she should, but she is paid for these hours. Her office is cozy, bright, and comfortable. She can be promoted. She can be sent to learn. She is protected and independent. But no matter where she goes with her mobile phone on her - it’s on. Always. We find ourselves today, at the beginning of the Twenty-first century, in bright well air-conditioned offices, protected by contracts in our pockets and by armies of different employees associations. We have become more productive with the help of personal computers, electronic mail, scanners, facsimile machines, and voice message systems. Our mobile phone can take us out of bed to solve urgent problems. â€Å"Super† clients can keep us at work on the birthday of our little daughter. Where is our privacy? Where is our real life? â€Å"Buying† rules have changed and so have â€Å"sellingï ¿ ½...

Business Case Study

A report on investigation into Business Case Date: May 02, 2013 Acquainted with your Business situation. I see a few problems within your business. One of the problems is changes in economic environment, which lead to conflict between stakeholders. The other problem is change of business structure. A success factor for any business is to analyse and understand the external environment in which it operates. Understanding of different types of stakeholders within business is essential too. To analyse business situation various method can be used. To analyse your current business situation I have used SWAT analyse which will give you opportunity better understand external environment and how it can impact your business. And will help you better understand conflict between stakeholders. The most basic SWOT analyse will examine how threats and opportunities can be dealt with while allowing the organisation to utilise its strengths and weaknesses to meet its key success factors [objectives]. A basic SWOT analysis should include an assessment of where the company is at current time and where it wishes to be at some point in the future . The organisation also needs to decide how far away that future is-it will vary from a few month to many years depending on the organisation, the nature of the business and its current situation (B 120, Book 1). SWOT analysis for the The Lodge Bistro Chain Strengths New IT system Initiative management stuff Possibility to adjust to changes Name and business recognition| Weaknesses Informal structure High stuff turnover Inconsistency in standards | | | | | | | | | | | | | | | Opportunities New consumers base Reinstate some formal structure and rules| Threats Complete loss of concept Lose of standards Competition External economic environment| | | | | | | | | | | | | | | | | As you can see from analyse above that the strengths will be recognition of your business and possibility of the business to adjust to new economic environment as you have initiative management team as it is described in Business Case: As an example of these issues, the young manager of one of the cafes in a central urban location began to offer a range of less expensive snacks to cater for diners on low incomes and reduced packaging to respond to the environmentally friendly principles of many customers. Another, in an area close to an office complex, offered a range of healthy eating options. It clearly shows that you have opportunities to attract new consumer’s base. Reinstate some formal structure and rules will give you better opportunity to control business Weaknesses arise from high stuff turnover, as you spend time, recourses for educating stuff. I think it would be beneficial to investigate why they leaving and looking for benefits packages you can purpose to your stuff And main threats arise from losing standards, huge competition and economic environment. For future I would purpose you to use methods like SWAT, STEEP and analyse of stakeholders before making any changes. Would be beneficial to make SWAT analyse on the way business was in 80’s and use it as comparison to current situation. It will give you opportunity to reinforce some formal structure more successfully. References The Open University (2006) B120 An Induction to business studies, Book 1, What is a business? ’, Milton Keynes, The Open University, page 95.

Sustainable Marketing Econ-Friendly Fashion Assignment

Sustainable Marketing Econ-Friendly Fashion - Assignment Example The paper "Sustainable Marketing Econ-Friendly Fashion" discovers the Sustainable Marketing in the Fashion Sector. Sustainable Marketing is a process which involves promoting products that are environmental friendly and safe at the retail level, which helps the company to reach its sustainability goals. Companies that follow sustainable marketing have a commitment to bring about sustainability in their production and supply chain processes also. This type of marketing also helps the companies to bridge the gap between the company’s profitability and its corporate social responsibility. The capital investment required in this type of marketing is huge, as the company has to spend a lot in the research and development of the product so that they have effect the environment in appositive way. For example, there is a company that wants to manufacture sustainable cosmetics. The company will use fewer chemicals and more of natural ingredients, for this the company will have to spend a lot on the innovation of the product. It will make the investment because the company thinks that the customers will buy the products because of its innovation and additional features. This will also help the company to enhance its brand image as they can portray to the stakeholder that they are a responsible company and they care for the society and also for the future generations. In this way, business analysts consider sustainable marketing to have a triple bottom line which means that the company’s success is evaluated.

Atypical Development Essay Example | Topics and Well Written Essays - 500 words

Atypical Development - Essay Example Those children suffering from ADD or ADHD are in most case disruptive in the classroom, while, at the same time displaying behavior problems, which are capable of making the school experience hard for everyone concerned (Turner, 2003). Nonetheless, there is a high possibility of effectively controlling and managing these disorders’ symptoms with appropriate treatment. On the other hand, Conduct Disorder varies from both ADD and ADHD since the patterns of behaviors observed happen to be more deviant, as well as antisocial in nature while having high degrees of aggression, as well as delinquent acts. The treatment for these disorders comprises of drug therapy, together with behavior modification therapies with drug therapy for ADD and ADHD including drugs such as Modafinil and Ritalin. Conversely, the best way of treating Conduct Disorder entails treating individual symptoms, as well as sub-disorders while finding proper disciplinary actions, which encourage prosocial behavior s o as to redirect negative behavior into prosocial behavior. The second category of problems is the internalized problems, which happen when the child concentrates their deviant behaviors onto their self. Issues connected to this problem genre comprise of eating disorders, adolescent suicide and depression. In this case, the child has depression which has an impact on the developing child through impacting their capability of performing their day to day tasks, by holding their energy level, as well as through their chronic sad mood. In treating depression, various forms of treatment is applicable; in some cases, it is helpful to apply light or color therapy and in other cases whereby the depression has a connection to seasonal mood swings (Halla-Poe, 2003). There are instances like in this scenario, whereby psychological counseling tends to be

Ways which media covers european crisis today and before 5 years in Outline

Ways which media covers european crisis today and before 5 years in France, in Italy and in Greece - Outline Example stepped up its coverage in all three countries from issues like the Italian politic-financial crisis to the clashes that Greece continues to experience to this very day (Hawkes, 2011). On the other hand, the null hypothesis (h0) is that there have been little changes in the media coverage. Around the time of mid-2006 compared to present, there is a selective coverage of the news that was being reported to the masses due to some issues. The variables will be the number of articles and television air-time per sample media house at the same month five years ago compared to the current year. Research Questions Because of the magnitude of the media houses and the huge population, the paper will take any two leading media houses from each country as well as five media and financial analysts as the sample of research in the period. The three sample collection methods will include interviews, investigative documentaries as well as archive research of information. The research will aim at proving whether the position of the null hypothesis is true or not. European Journalism Centre, 2009, Covering The Crisis Conference: An EGC Interface Conference On The Role Of The Media In Coverage Of The Financial Crisis . [Accessed 14 Dec,

Incresing Motivation, Satisfaction, and Performance Essay

Incresing Motivation, Satisfaction, and Performance - Essay Example The plan is organized into three phases, with the first starting in January and ending in March, the second starting in April and ending in June while the third spans from July to December. The plan is fundamentally based upon the assumption that making workers’ satisfied makes them motivated for work and enhanced their performance. The plan January to March: The first phase would be subdivided into three phases, each phase representing one month starting from January. In January, an in-depth analysis of the literature will be made to make myself aware of the numerous motivational theories and models. One of the most used motivational model is the Maslow’s Hierarchy of Needs depicts some of the basic needs of every human being. The model emphasizes that an individual’s motivation is linked with the fulfillment of these needs. The model also stresses that once a lower level need has been satisfied, the individual tends to gain the satisfaction with respect to the higher level needs until he/she starts to self-actualize which is actually a stage, when motivation comes into play (NetMBA, 2010). In February, I would develop a questionnaire and take sufficient time to modify that in order to get exactly what I require from the people through it. One of the most useful tools to measure the level of satisfaction that people maintain in an organizational environment or members of a team generally maintain is the staff survey (Chapman, 2009). In addition to the information retrieved from the questionnaires, the whole process of consulting the staff and making them feel involved in a research lends them a feeling of satisfaction as well as increases their motivation and performance in the long run. Finally, the questionnaire would be distributed among the respondents and collected. March will be the phase of data analysis and evaluation for the potential satisfaction and motivation driving factors. I would see if the members with lesser satisfaction were as motivated for work as the members with more satisfaction. The questionnaire will assess each respondent’s level of satisfaction and motivation on a five point likert scale with 1, 2, 3, 4, and 5 representing least satisfied, somewhat satisfied, satisfied, very satisfied, and extremely satisfied. The pattern would be inverse for motivation with 1 representing extremely motivated and 5 representing least motivated. By the end of the first phase, I would have measurable results telling me how members’ motivation and satisfaction levels compare with each other in a group setting. This phase will also rank some of the key drivers of satisfaction and motivation according to the team members’ responses to the questionnaires. April to June: Having established the influence of motivation upon satisfaction level and the inverse for the team members, I would assess ways to fulfill their demands with respect to the previously ranked driving factors. â€Å"Motivatio nal incentives act like stimulants and encourage employees to be positive minded and hence be more effective in their work† (Davoren, 2011). Money is one of the most fundamental stimulants for performance in all kinds of work settings, including individual and group work. That is why, managers frequently introduce monetary rewards as incentives for people to display better performance at work. Rewards may be given to individual employees by way of an increase in their pay or