Search Results - States' rights
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States' rights refers to the idea, in U.S. politics and constitutional law, that U.S. states possess certain rights and political powers in relation to the federal government. A commonly cited source for states' rights is the Tenth Amendment to the Constitution, which is part of the Bill of Rights. The states' rights concept is usually used to defend a state law that the federal government seeks to override, or to oppose a perceived violation by the federal government of the bounds of federal authority. The phrase states' rights (and all variants of the words and the phrase) does not appear in the U.S. Constitution or its amendments -- rather the word rights is mostly associated within the Constitution with the phrase the people, while the word powers is mostly associated with government entities such as Congress or states. Therefore, the phrase states' powers is more technically consistent with the terminology of the authors of the U.S. Constitution, with the phrase States' rights popularized by repeated usage. The principle of the supremacy of federal powers over those powers held by the states is based on the supremacy clause of the United States Constitution and was explained in the early 1800s by John Marshall, the fourth Chief Justice of the Supreme Court of the United States. In the seminal case of McCulloch v. Maryland, Marshall asserted that the laws adopted by the federal government, when exercising its Constitutional powers, are generally paramount over any conflicting laws adopted by state governments. After McCulloch, the primary legal issues in this area concerned the scope of the powers Congress possesses under the Constitution, and whether the states possess certain powers to the exclusion of the federal government even if the Constitution does not explicitly limit them to the States. In the period between the American Revolution and the establishment of the United States Constitution, the states had coalesced under a much weaker federal government, pursuant to the Articles of Confederation, which gave the federal government very little, if any, authority to overrule individual states. The Constitution strengthened the federal government, authorizing it to exercise powers deemed necessary to rule over the nation as a whole, with a vague boundary between the two co-existing "levels" of government. In the event a state's law should overlap federal law, the Constitution resolved the conflict in the Supremacy Clause in Article VI in favor of the federal government, which declares federal law the "supreme Law of the Land" and provides that "the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." The Supremacy Clause applies, however, only if the federal government is acting within its Constitutionally authorized powers.
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Showing 1 to 11 of 11 Articles matching 'States' rights' in related articles. |
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1. 5 Steps To Prepare The Last Will
August 20, 2008
The last will is one type of declaration. It is in the form of legal statement prepared by the lawyer with an aim to allocate the property or assets by the person to their family members so that after the death of person, the family members easily transfer the wealth or property.
The last will is one type of declaration. It is in the form of legal statement prepared by the lawyer with an aim to allocate the property or assets by the person to their family members so that after the death of person, the family members easily transfer the wealth or property. The last will and legal statement... (read more)
Author: Alex Bellweather
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2. Important Employment and Labor Law Provisions in Los Angeles
July 09, 2008
In the United States, the Department of Labor takes charge in implementing above 180 laws that are related to employment. Hence, if you are working in Los Angeles, California, you might as well be covered by these provisions, which possibly give you rights and privileges as well as set rules in various aspects of labor and employment.
This is the main reason why it is indeed important for all the employers and employees to understand some basic principles of the Employment and Labor Laws. By having knowledge about it, you will be more familiar with the procedures on how to handle any viol... (read more)
Author: Rainier Policarpio
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3. Handicap Parking Fraud
July 10, 2008
To park, that is the question. The blue and white sign hanging in front of the empty parking space states a fine between $250.00 to $3,000.00 and/or six months in jail for offenders. The parking lot is empty and no one is around. Sure it is illegal, but if you're only going to be a minute or two and no one is around to bust you--who's it hurting? Apart from taking away the rights of the handicap by parking in their spots, you're inconveniencing the businesses that reserve those spots for their customers. In fact, if a majority of people adopted the philosophy, it will only be a minute or t... (read more)
Author: Ian Campbell
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4. freelance writer looking for work - Private Label Articles
June 27, 2008
Are you a freelance writer looking for work? In the Untied States, there are thousands, if not millions, of individuals who are making a career as a freelance writer. The only problem with this is that there are a limited number of money making opportunities. As the internet has increased in popularity, so have the number of ways that clients are able to obtain content for their websites. If you find yourself looking for ways to pay your bills, you may want to examine private label articles and what they can do for you.
When you create private label articles, you will not need to have a c... (read more)
Author: Ajay Sharma
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5. The Different Types of Postcard Marketing
June 27, 2008
The most successful businesses of today have implemented postcard marketing on their advertising strategies many times throughout their stay in the industry. With such popularity, do you ever wonder when postcards were first used?
In the United States, postcard was first patented in 1861 by a Philadelphia native, John P. Carlton. After that, he sold its rights to the owner of Lipman’s postal card, H.L. Lipman, in 1861. Such cards were complete with decorative elements as borders. The Europeans adopted this tool nine years later.
From then on, postcards have gained a niche in the mark... (read more)
Author: Rachelle Ann Lim
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6. Your own Website to Resell Private Label Products
June 25, 2008
In the United States, many individuals are making money through a process that is known as private label resell rights. Private label resell rights are a special type of business opportunity. It is an opportunity that has a lot of potential; however, to be successful, you must first know what you are doing.
Private label resell rights are available on a wide variety of different products. Despite the wide variety of different products, e-books and software programs are the most popular. With private label resell rights, the original product creator either does not have the time or the mon... (read more)
Author: ginfo plus
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7. Make Money Selling Private Label Articles
June 25, 2008
Are you a freelance writer looking for work? In the Untied States, there are thousands, if not millions, of individuals who are making a career as a freelance writer. The only problem with this is that there are a limited number of money making opportunities. As the internet has increased in popularity, so have the number of ways that clients are able to obtain content for their websites. If you find yourself looking for ways to pay your bills, you may want to examine private label articles and what they can do for you.
When you create private label articles, you will not need to have a c... (read more)
Author: ginfo plus
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8. Private label resell rights are available on a wide variety of different products
June 23, 2008
In the United States, many individuals are making money through a process that is known as private label resell rights. Private label resell rights are a special type of business opportunity. It is an opportunity that has a lot of potential; however, to be successful, you must first know what you are doing. Private label resell rights are available on a wide variety of different products. Despite the wide variety of different products, e-books and software programs are the most popular. With private label resell rights, the original product creator either does not have the time or the mon... (read more)
Author: Kanwaljit Kaur
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9. Employment - your contract of employment
June 16, 2008
A contract of employment is an agreement between an employer and an employee. This contract states your rights and duties as an employee as well as the rights and duties of your employer. These rights are known as ‘terms’ of contract. The contract doesn’t have to be in writing, but you’re entitled to a written statement of the main terms within two months of starting work.
Your contract of employment should be made up as soon as you accept a job offer and both you and your employer are then bound by its terms until the contract ends or until the terms of your contract are changed.
T... (read more)
Author: carolyn clayton
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10. Gay Civil Rights: History Repeats Itself.
June 15, 2008
The United States is facing a frightening upswing of bias based violence and other related forms of discrimination against a group of its citizens, not unlike that which occurred during the civil rights struggles of the 1960s. In this case the victims are those who were born with a sexual orientation which differs from that of the nation's majority. Through no fault of their own, they find themselves the targets of a host of unjustifiable and illegal acts.
The history of gay rights shows us that it will be a long and tedious project to obtain total equality and equal gay civil rights. The b... (read more)
Author: jason mcghinnis
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11. Intellectual Property Law in the European Community: A Country-by-Country Review
May 26, 2008
Bharatbook.com is proud to announce the new report “Intellectual Property Law in the European Community: A Country-by-Country Review” (http://www.bharatbook.com/detail.asp?id=8430).
Intellectual Property Law in the European Community: A Country-by-Country Review: The existence of a mosaic of different legal regimes regulating the intellectual property rights from country to country throughout the European Community can make the prospect of protecting and exploiting intellectual property rights in Europe seem formidable. But with the integration of Europe through the European Community com... (read more)
Author: Bharat Book Bureau
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