Clause

individual states? And more importantly, which party do I want it to benefit? The new U.S. Constitution does more to satisfy those that advocate for a strong central government because of the Elastic Clause and the process of impeachment. The Elastic Clause, also known as the Necessary and Proper Clause, does more to satisfy those who advocated for a strong central government. Article 1, Section 8.18 states, “To make all laws which shall be necessary and proper for…

for dismissal of the suit based on a “forum-selection” clause that designates the Virginia courts to try member disputes. There are two precedents exposed within this problem first is that The United States Supreme Court has held that a forum selection clause is unenforceable “if enforcement would contravene a strong public policy of the forum in which suit is brought” and second is California has declared in other cases that the AOL clause contravenes a strong public policy.…

The emoluments clause, borrowed from a "17th century Dutch statute…was chiefly aimed at the practice among European royalty of lavishing gifts on foreign diplomats, but it was written to cover all officers." (McLaughlin, 2017). The emoluments clause applies to all federal officers, including congress, U.S. federal judges, vice president, and the president. The constitution defines emoluments under the compensation clause, which prohibits the president from receiving emoluments from a state of…

schools not housing special education students. Mr. Katz would be advised to revisit his school law textbook and notes before creating such a plan. A reminder of the definition of the Establishment Clause would have reminded him that a school may not place emphasis on any single religion. The Establishment Clause in the First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” (First Amendment, U.S. Constitution).…

Misplaced and dangling modifiers can be a horror. Do you know what’s a modifier? It’s a word, a phrase or a clause that provides a description in a sentence. It can be an adjective, an adverb, an absolute phrase, an infinitive phrase, a participle phrase, and a prepositional phrase. You know what’s more? Without these modifiers, your sentences will be boring…

Can you keep a secret? Confidentiality agreements are so much more than a simple promise not to tell. In a mediation, the confidentially clause is what protects the mediator, creates privacy for the mediation, and the provide opportunities for open dialogue in the mediation process. The confidentiality agreement offers protection for the mediator by offering limitations in the event the mediation escalates to court. Meaning, unless certain requirements are met, a mediator cannot be called to…

people utilizing their right to freedom of speech. The First Amendment was put into place hundreds of years ago and it still lives strong today. Although that is a good thing, many people, including military personnel would argue that the Elastic Clause needs to be used to stretch the First Amendment and make it so that the eradication towards symbolic objects that mean a lot towards the country cannot be…

People everyday experience confusion as to the meaning of a sentence based upon incorrect comma placement. There was actually a legal case in Maine over the misuse of commas, particularly the Oxford comma (Sullivan). The Oxford comma is the labeled “optional” comma after the last item in a list and before the word “and”. Some people believe that the Oxford comma is unnecessary, but that is simply incorrect. The usage of this particular punctuation is considered optional by many, but given the…

Santa clause the jolly man that comes only once a year, is beneficial to children. He teaches them to believe in 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. A story told to children about how a man named Santa clause does the impossible every Christmas Eva. Santa is beneficial because he shows kids they can do the impossible as well. Santa Clause teaches…

engaging in illegal activities due to the rising costs associated with higher education and the demand to pay clause imposed on students at colleges across the country. The demand to pay clause is not standardized across college campuses; therefore, written and implemented differently depending upon the payment policies of the Fiscal Services Department. Moreover, the demand to pay clause outlines the student’s financial rights and responsibilities about their obligation to pay and the…