Clause

Research Paper The Establishment Clause protects the religious rights of citizens and their practices as long as their practices don’t interfere with government interests (First Amendment and Religion).These interests would include illegal activity and any activity that may seem threatening to the people and the government. Thomas Jefferson, the third United States President established the term “wall of separation between church and state” (Jefferson 's Letter to the Danbury Baptists the Final…

Under the Due Process Clause, the state and federal government is prohibited from depriving persons of liberty without due process of law. In Obergefell v. Hodges, it was recognized that the ban on same-sex marriage violated the liberty of same-sex couples; marriage was limited strictly to opposite-sex couple. In the same way, the transgender ban in the military violates the liberty of transgender individuals. Military entry is limited to those whose biological sex and gender identification are…

The Court invoked the Necessary and Proper Clause of the Constitution, which allowed the Federal government to pass laws not expressly provided for in the Constitution's list of express powers, provided those laws are in useful furtherance of the express powers of Congress under the Constitution. This case established two important principles in constitutional law. First, the Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a…

4. Limitations 4.1 Conditions to be Fulfilled One must be warned that even when an incorporation clause is being identified as a clause in the reference document, it does not inevitably follow that that clause will be incorporated into the reinsurance contract. The clause could be entirely inapplicable in the reinsurance contract. Due to this, the courts have developed rules that have to be met, so as to ensure that only appropriate and applicable terms are incorporated into reinsurance…

Section 8, Clause 3 or commonly referred to as the Commerce Clause focuses on Congress authority to regulate Commerce with foreign nations, other states within the United States, and Indian Tribes. The Commerce Clause has come under increased pressure throughout the course of early United States history regarding Congresses authority to restrain state actions taken for reasons of commerce and the central authority granted to federal government. Due to the nature, vast definition of clause it has…

change has taken place. This gives the Proprietor the opportunity to mitigate or address the state of affairs. The changes clause that is considered for the Federal Government is one of the few stipulations that explicitly address the constructive change concept. Nonetheless, the constructive change is commonly accepted by the courts and industry as a part of a Changes Clause, whether specified or not. The concept is supplementary supported by the implied contract obligations of the Proprietor…

Key Man Clause What’s Key Man Clause? Key man clause is an important clause for an investment firm. It says if certain numbers of executives are absent, the investment firm won’t be able to make any new investments until these key executives are replaced first. There can be many reasons for which the executives aren’t able to perform their tasks quite well. Since managing investments is a huge task, until the key executives (who are in charge) invest a large chunk of time. When they’re unable to…

The Limitations Clause: Halpern v. Canada Over the past decade, the debate on same-sex marriage has been ongoing, but lately people are becoming more open minded about the idea that two women or two men getting married. In the case of Halpern v. Canada [2003], seven gay and denied lesbian couples from getting civil marriage licenses in the City of Toronto. Claiming that the actions of Clerk of the City of Toronto violated their s.15(1) Equal Rights in the Charter of Rights and Freedoms, they…

The Framers of the Constitution failed to clarify the meaning of the word necessary and the word proper. Due to this flaw the Necessary and Proper Clause has been debated many times. Alexander Hamilton believed that the clause should be viewed broadly. While, Thomas Jefferson believed that the clause should be strictly interpreted. The Supreme Court favored Hamilton’s view in the case of McCulloch v. Maryland for the National Bank. Chief Justice John Marshall, Judge of McCulloch v. Maryland,…

Santa clause the jolly man that comes only once a year, is beneficial to children. He teaches them to believe in doing the impossible, to be respectful towards others, and gives children happy memories to look back on. The man that can deliver presents to all the children in the world in a single night, is a story told to children about how a man named Santa clause does the impossible every Christmas Eva. In a world where people are constantly fighting each other to get places in life, it all…