Clause

Gibbons since he had the exclusive rights to operate the route. Since the route crossed state lines, Gibbons claimed he had the right to operate on the route pursuant to a 1793 act of Congress regulating coastal commerce. Based on the commerce clause, the Supreme Court overturned the lower court ruling, allowing Gibbons to operate his ferry service on the same route as Ogden. In addition, Alex McBride states: “Gibbons v. Ogden set the stage for future expansion of congressional power over…

action the U.S. Constitution; for the protection and betterment of our great nation. One such clause of the U.S. Constitution is the Supremacy Clause. The Supremacy Clause was philosophically influenced by the “Great Charter” or Magna Carta. The premise of the Magna Carta was to promote the actions of “due process” protecting the right of the persons living in the land it is over. The Supremacy Clause states “This Constitution, and the Laws of the United States which shall be made in…

Tone: the attitude toward the subject and audience that is implied in literature. Example: In “Shooting an Elephant”, George Orwell states “The wretched prisoners huddling in the stinking cages of the lock-ups, the grey, cowed faces of the long-term convicts, the scarred buttocks of the men of the men who have been flogged with bamboos…” (50 essays Pg.277) Function: The gruesome tone here brings out a dark feeling from the author to the reader. Without this the message would not have come…

placed on the states through the U.S. Constitution. The most notable limitation would be the Supremacy Clause. This clause states that in a case for the Supreme Court their ruling becomes the what every state must follow. The clause “is a conflict-of-laws rule specifying that certain national acts take priority over any state acts that conflict with national law” (Ill, 2012, p. 1). This clause takes the lead of Article XII of the Articles of Confederation which stated: [E]very state shall abide…

Future Applications of the Equal Protection Clause The Equal Protection clause in the United States of America’s Constitution has long been a harbinger for controversy, in which events for the lesser of the two opponents always deteriorates before it remotely improves. With this in mind, flashback to the days of the writing and ratifying of the 14th amendment. The Caucasian people of that past world, would not and could not refer to themselves as anything other than superior to their…

Importance of Standard Default Clause All government contracts contain provisions that protect the interest of the government and the contractor. The provisions in a contract indicate the requirements, conditions, and the obligations for all who are involved in the contract. Provisions suggest the contractor is to conduct business during the period of a contract. Interfacing with the government is also included in the provisions. Contractors who are new to government contracting and do not…

“The Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution prohibits states from denying any person within its territory the equal protection of the law. This means that a state must treat an individual in the same manner as others in similar conditions…

When a state constitution is inconsistent with the United States Constitution there is simply one answer for this issue. The solution can be found in Article 6 Clause 2 of the US Constitution, the Supremacy Clause. According to the textbook, the Supremacy Clause explains that the “powers of the national government are not limited by any specific sate power” (Cochran E. Clarke 22). In other words the national law preempts state law even when the laws conflict. For example, the US Constitution…

The Three-Fifths Clause was part of the “Great Compromise.” The Great Compromise was a series of agreements during the Constitutional Convention. The “Three-Fifths Clause” covered the amount of delegates in the House of Representatives awarded for African Americans living in slave states. The slave trade was also protected for another twenty years. Another protection written into these agreements was federal agreement that runaway slaves should be returned to their masters when they are captured…

violates the Fifth Amendment by allowing the government to take property without just compensation.” While, the federal government has a constitutional right to "take" private property for public use, however, the Fifth Amendment's Just Compensation Clause requires the government to pay just compensation, interpreted as market value, to the owner of the property. Subsequently, the empirical result of Obamacare proves it…